Drink Driving

Drink Driving under Swiss Law: Consequences and Legal Defence

Driving under the influence of alcohol is one of the most common and dangerous traffic offences in Switzerland. Each year, hundreds of serious accidents are caused by drivers whose faculties are impaired by alcohol. Swiss legislation provides a strict framework for drink driving, with administrative and criminal sanctions that can have significant consequences on the professional and personal lives of those involved. Our law firm regularly assists clients facing proceedings related to drink driving, guiding them through the legal complexities and developing defence strategies tailored to each particular situation.

The Legal Framework for Drink Driving in Switzerland

Swiss law establishes a precise framework for driving under the influence of alcohol. The Federal Road Traffic Act (RTA) and the Traffic Rules Ordinance (TRO) define the legal limits and applicable sanctions.

Blood Alcohol Levels and Their Legal Consequences

In Switzerland, different blood alcohol thresholds determine the severity of the offence:

• From 0.10 to 0.49‰: for professional drivers, taxi drivers, driving instructors and novice drivers (probationary licence), this concentration already constitutes an offence
• From 0.50 to 0.79‰: a minor offence for all drivers, punishable by a fine
• From 0.80‰: a qualified offence, considered a more serious misdemeanour
• From 1.60‰: a very serious offence, presumption of incapacity to drive

Swiss legislation distinguishes between administrative and criminal offences. A person checked with a blood alcohol level above legal norms faces a dual procedure: administrative (concerning the driving licence) and criminal (fines, custodial sentences).

Recent Legislative Developments

Swiss legislation on drink driving has been tightened several times in recent years. Since 2014, the zero-tolerance principle (0.10‰) applies to professional drivers and novice drivers. These changes reflect a political will to strengthen road safety and reduce the number of alcohol-related accidents.

Blood alcohol checks may now be carried out without prior indication of intoxication, meaning that law enforcement can conduct systematic checks. This development has considerably increased the number of detected cases and proceedings initiated.

Administrative and Criminal Sanctions

The consequences of a drink driving offence are multiple and can have a lasting impact on the offender's life.

Administrative Sanctions

Administrative measures fall within the competence of cantonal road traffic offices and include:

• A warning in the least serious cases
• Withdrawal of the driving licence for a determined period (from 1 month to several years depending on the severity and recidivism)
• Mandatory attendance at awareness courses
• Fitness to drive assessment (medical and/or psychological examination)
• In serious cases or repeat offences, withdrawal of the licence for an indefinite period

The minimum licence withdrawal period varies according to the blood alcohol level and the driver's record:

• Level of 0.50 to 0.79‰: withdrawal of at least 1 month
• Level of 0.80 to 1.59‰: withdrawal of at least 3 months
• Level from 1.60‰: withdrawal of at least 6 months
• For repeat offences, these periods may be doubled, tripled or more

Criminal Sanctions

Alongside administrative sanctions, offending drivers face criminal prosecution which may result in:

• Fines of up to several thousand Swiss francs
• Monetary penalties calculated in daily rates
• Custodial sentences (up to 3 years) in the most serious cases or in the event of an accident causing injuries or deaths
• Criminal record entry

The amount of fines and the severity of criminal sanctions are determined according to several factors: the blood alcohol level, whether an accident occurred, the driver's behaviour, their record and personal circumstances.

It should be noted that financial consequences are not limited to fines: procedure costs, lawyers' fees, medical examinations, increased insurance premiums and even policy cancellation may also arise.

The Checking Procedure and Drivers' Rights

Understanding the blood alcohol checking procedure and drivers' rights is fundamental for ensuring an effective defence in the event of an offence.

Different Checking Methods

In Switzerland, law enforcement has several methods for checking drivers' blood alcohol levels:

• The breathalyser test (preliminary alcohol test): a portable device that approximately measures the alcohol level in exhaled air. This test has only indicative value and does not constitute definitive legal proof.
• The evidential breathalyser: a more precise instrument that measures the alcohol level in exhaled air and converts the result into grams per kilogram of blood. The result of this test is legally valid.
• Blood sample: the most precise method, carried out by a doctor. It is mandatory in certain situations (refusal to blow, very high level, serious accident, suspicion of other substance use).

Drivers' Rights During a Check

During a blood alcohol check, the driver has certain rights that are essential to know:

• The right to be informed of the reasons for the check
• The right to know the results of the tests conducted
• The right to request a blood test if there is doubt about the reliability of the breathalyser
• The right to contact a lawyer (although this right may be exercised after the checking procedure)
• The right to silence on certain questions (in particular regarding prior alcohol consumption)

It should be noted that refusing to submit to a blood alcohol check constitutes a specific offence, subject to sanctions similar to those applicable to the highest levels. Furthermore, this refusal may be interpreted as a tacit admission of the offence.

Possible Procedural Errors

Blood alcohol checks must follow strict protocols. Procedural errors can sometimes be identified:

• Non-compliance with the time interval between stopping the vehicle and carrying out the test
• Incorrect calibration or malfunction of measurement devices
• Non-compliance with the medical protocol during a blood test
• Failure to inform the driver of their rights
• Check carried out without valid reason (in certain circumstances)

These errors may constitute relevant legal arguments for challenging the results of a blood alcohol check. Our law firm analyses each file meticulously to identify any procedural irregularities that may benefit our clients' defence.

Legal Defence Strategies

When faced with a drink driving charge, several defence strategies may be considered, depending on the specific circumstances of each case.

Challenging Check Results

Challenging the blood alcohol check results is often the first line of defence. It may be based on:

• Questioning the reliability of the measuring instruments used
• Demonstrating errors in the checking procedure
• Presenting medical evidence that may influence results (certain conditions, medication)
• Challenging the maintenance of the chain of custody of evidence (particularly for blood samples)

In certain cases, a counter-assessment may be requested to verify the results obtained during the initial check.

Mitigating Sanctions

When challenging the results is not possible or relevant, the strategy may focus on mitigating sanctions:

• Highlighting mitigating circumstances (personal, professional, family situation)
• Demonstrating awareness and measures taken (voluntary therapy, participation in awareness programmes)
• Negotiating an agreement with the public prosecutor (in certain cases)
• Requesting alternative measures (restricted licence for professional needs, for example)

Preparation and Support

Defence in drink driving cases requires meticulous preparation:

• In-depth analysis of the file and the circumstances of the offence
• Collection of favourable testimony and evidence
• Preparing the client for administrative and criminal hearings
• Drafting solidly argued legal submissions

Our law firm supports its clients throughout the procedure, ensuring their rights are respected at every stage and developing a personalised defence strategy.

Special Cases and Case Law

Swiss case law on drink driving is extensive and constantly evolving. Certain Federal Supreme Court rulings have established important principles concerning:

• The validity of checking methods
• Interpretation of measurement device error margins
• Conditions for granting a professional-use licence during a withdrawal period
• Proportionality of administrative sanctions

Our in-depth knowledge of this case law allows us to identify the most relevant legal arguments for each situation.

Practical and Social Implications

Beyond the purely legal aspects, a drink driving conviction can have significant repercussions on daily and professional life.

Professional Impact

The professional consequences of a drink driving conviction can be considerable:

• Inability to practise certain professions requiring a driving licence (driver, delivery person, travelling salesperson)
• Difficulties getting to work, particularly in areas poorly served by public transport
• Risk of dismissal for certain senior positions or those requiring an impeccable reputation
• Obstacles to employment due to a non-clean criminal record

Our law firm helps its clients anticipate these difficulties and put appropriate solutions in place, such as applying for a professional-use licence or assistance with approaches to employers.

Insurance and Financial Aspects

Financial aspects are often an underestimated dimension of drink driving cases:

• Significant increase in car insurance premiums
• Risk of policy cancellation and difficulty finding a new insurer
• Possibility of insurer recourse in the event of an accident (refusal to cover or reimbursement claim)
• Procedure-related costs (assessments, medical examinations, awareness courses)

We advise our clients on these financial aspects and help them negotiate with insurance companies where possible.

Rehabilitation and Licence Recovery

Recovering a driving licence after an administrative withdrawal often requires satisfying several conditions:

• Assessment of fitness to drive by a medical adviser
• In certain cases, psychological assessment
• Participation in awareness programmes
• Demonstration of absence of alcohol dependency

Our law firm supports its clients in these rehabilitation procedures, directing them to the appropriate professionals and preparing the necessary administrative files for licence recovery.

Prevention and Awareness

Prevention remains the best way to avoid the harmful consequences of drink driving. In Switzerland, various measures are implemented:

• Information and awareness campaigns
• Development of mobile applications to estimate blood alcohol levels
• Promotion of alternative solutions (designated driver, public transport, taxis)
• Installation of breathalysers in certain establishments

Our law firm participates in these prevention efforts by organising legal information sessions on the risks of drink driving, particularly for young drivers and businesses.

Given the complexity of administrative and criminal procedures related to drink driving in Switzerland, a good knowledge of traffic criminal law and support from specialist lawyers is a major asset. Our law firm puts its expertise at the service of people facing these delicate situations, ensuring the protection of their rights while guiding them towards the most appropriate solutions for their personal and professional circumstances.

Table of Sanctions According to Blood Alcohol Level

Special Cases: Zero Tolerance (0.10‰)

Zero tolerance applies to the following categories, regardless of level:

• Drivers holding a probationary licence (less than 3 years of driving licence)
• Professional drivers (taxis, coaches, heavy goods vehicles)
• Driving instructors
• Drivers transporting passengers for remuneration

Aggravation for Repeat Offences

• 1st repeat offence (same type of offence within 2 years): withdrawal period doubled
• 2nd repeat offence: withdrawal for indefinite period (minimum 2 years) + medical examination
• Alcohol repeat offenders (≥ 1.6‰ on multiple occasions): mandatory ignition interlock

Frequently Asked Questions About Drink Driving