Traffic criminal law occupies an important place in Swiss criminal practice. The Federal Road Traffic Act (RTA) of 19 December 1958 defines a wide range of offences — from moderate speeding to the road rage offence — and provides for sanctions ranging from a simple fine to an unconditional custodial sentence, along with licence revocations. The particularity of this area lies in the dual nature of proceedings: criminal proceedings (Public Prosecutor's Office) and administrative proceedings (cantonal road traffic authority) are independent but may run in parallel. PBM Avocats accompanies its clients before both instances to ensure the best possible defence.
RTA Offences: From Minor Infractions to Serious Violations
The RTA classifies violations of traffic rules into three categories according to their gravity, which determines the applicable sanctions. Minor violations (art. 16a RTA) — speeding of less than 10 km/h, slight failure to give way without consequences — result in a warning or, in case of reoffending, a one-month licence revocation. Serious violations (art. 16c RTA) — speeding of 20 km/h or more in a built-up area, running a stop sign, drink-driving between 0.5 and 0.8 ‰ — result in a licence revocation of at least one month. Very serious violations (art. 16c RTA) — significant speeding, qualified drink-driving, driving under the influence of narcotics — are sanctioned by a revocation of at least three months.
The minimum duration of the revocation is set by law, but the administrative authority has discretion to extend it depending on the driver's record, the gravity of the consequences and particular circumstances. PBM Avocats analyses each file to determine whether the classification of the violation is contestable, whether mitigating circumstances can be validly invoked, and whether the duration of the revocation can be reduced.
Drink-Driving: Criminal and Administrative Proceedings
Driving under the influence of alcohol is one of the most frequent traffic offences. Art. 91 RTA distinguishes several thresholds: from 0.25 mg/l of exhaled air (approximately 0.5 ‰ in the blood), driving is prohibited. Between 0.25 and 0.40 mg/l, the offence is less serious but can already lead to a licence revocation. From 0.40 mg/l, the drink-driving is qualified and punishable by a monetary penalty or custodial sentence. A level of 0.80 mg/l and above exposes the driver to a custodial sentence and a long-term licence revocation, often accompanied by an obligation to undergo a psychological assessment or a dependency treatment programme before the licence is returned.
From a procedural standpoint, the police first conduct a rapid breath test, followed if necessary by an official blood alcohol measurement (approved breathalyser or blood sample). Challenging the regularity of these measurements — test conditions, calibration of equipment, compliance with the waiting period before the test — is a line of defence to be systematically examined. Procedural errors may invalidate the results or reduce their probative value.
The Road Rage Offence: A Severely Punished Crime
Introduced into the RTA in 2013 following the popular initiative "Via Sicura", the road rage offence (art. 90 paras. 3 and 4 RTA) is the most severe sanction in Swiss traffic criminal law. It applies to drivers who exceed speed limits to an extreme degree — at least 40 km/h over in a built-up area, 50 km/h on a road or 60 km/h on a motorway — or who commit other particularly dangerous conduct (refusal of priority with risk of serious accident, multiple dangerous overtaking manoeuvres). The sentence is a custodial sentence of one to four years, of which at least one year unconditional cannot be suspended.
The road rage offence also results in a licence revocation of at least two years and, in case of reoffending within ten years, a permanent driving ban. The qualification as a road rage offence by the Public Prosecutor's Office can be challenged, notably by contesting the speed measurement method (fixed or mobile radar, video, Provida) or by demonstrating that the objective conditions of the offence are not met. PBM Avocats defends its clients in these serious cases with rigorous analysis of the evidence.
Licence Revocation: Administrative Procedure and Appeal Remedies
A licence revocation is an autonomous administrative measure, distinct from the criminal proceedings, pronounced by the cantonal road traffic authority. It may be ordered preventively (immediate precautionary measure) or as a sanction after the facts are established. The administrative procedure follows its own rules: right to be heard, notification of the reasoned decision, appeal deadline of thirty days to the administrative appellate authority and, if necessary, to the cantonal administrative court and the Federal Supreme Court.
The independence of the administrative procedure means that a discontinuation of criminal proceedings or a criminal acquittal does not bind the administrative authority: it conducts its own assessment of the facts. Conversely, a criminal conviction does not relieve the administrative authority from examining the appropriate duration of the revocation. Specific arguments may be raised in the revocation proceedings: absolute professional necessity of the licence, particular mitigating circumstances, legal error. PBM Avocats coordinates criminal and administrative procedural strategies to maximise the chances of success.
Table of Sanctions by Road Offence (RTA)
The following table summarises the main road offences and their criminal and administrative sanctions under Swiss law (RTA). The revocation periods indicated are legal minimums.
| Offence | Criminal Sanction | Licence Revocation (min.) | RTA Article |
|---|---|---|---|
| Minor speeding (< 10 km/h) | Fixed penalty notice | Warning (1 month if reoffending) | Art. 16a RTA |
| Serious speeding (e.g. +20 km/h in built-up area) | Fine or monetary penalty | 1 month minimum | Art. 16b RTA |
| Very serious speeding (e.g. +25 km/h in built-up area) | Monetary penalty | 3 months minimum | Art. 16c RTA |
| Road rage offence (+40 km/h in built-up area or +60 km/h on motorway) | Custodial sentence 1–4 years (of which ≥ 1 year unconditional) | 2 years minimum (permanent if reoffending) | Art. 90 paras. 3-4 RTA |
| Drink-driving (0.5–0.8 ‰) | Fine or monetary penalty | 1 month minimum | Art. 91 para. 1 RTA |
| Qualified drink-driving (≥ 0.8 ‰) | Monetary penalty or custodial sentence | 3 months minimum + medical assessment | Art. 91 para. 2 RTA |
| Driving under the influence of narcotics | Monetary penalty or custodial sentence | 3 months minimum | Art. 91 para. 2 RTA |
| Driving without licence / despite revocation | Monetary penalty or custodial sentence up to 3 years | Extension of revocation period | Art. 95 RTA |
| Hit and run (accident) | Monetary penalty or custodial sentence up to 3 years | Depending on gravity (1 to 12+ months) | Art. 92 RTA |
Note: In Geneva, the authority competent for licence revocations is the Office cantonal des véhicules (OCVFM). In the canton of Vaud, it is the Service des automobiles et de la navigation (SAN). PBM Avocats coordinates the defence before both these authorities and before the Public Prosecutor's Office.
Frequently Asked Questions about Traffic Criminal Law
From what blood alcohol level does one risk a driving licence revocation in Switzerland?
The Road Traffic Act (RTA) and its implementing ordinances set several alcohol thresholds. From 0.25 mg/l of exhaled air (equivalent to approximately 0.5 ‰ in the blood), driving is prohibited and exposes the driver to a fine and a preventive or warning licence revocation. A level of 0.40 mg/l (approximately 0.8 ‰) constitutes the threshold for qualified drink-driving (art. 91 para. 1 RTA), punishable by a monetary penalty or custodial sentence and a licence revocation of at least three months. For professional drivers, new drivers and certain special categories, zero tolerance applies. A very high level (1.6 ‰ and above) results in a long-term revocation order and generally requires a medical or psychological assessment before the licence is returned.
What is the road rage offence (délit de chauffard) and what are the sanctions?
The road rage offence (art. 90 paras. 3 and 4 RTA) was introduced into Swiss law in 2013 to severely punish particularly irresponsible road behaviour. It applies when a driver commits a serious violation of traffic rules, in particular: exceeds the permitted speed by at least 40 km/h in a built-up area, 50 km/h outside a motorway or 60 km/h on a motorway, absolutely refuses right of way to a person and creates a risk of serious accident, or engages in a chase with another vehicle. The road rage offence is a felony punishable by a custodial sentence of one to four years (at least part of which cannot be suspended), and results in a licence revocation of at least two years and a permanent ban in case of reoffending within ten years.
How can a driving licence revocation be challenged in Switzerland?
A driving licence revocation is an administrative measure pronounced by the cantonal road traffic authority (in Geneva: the Office cantonal des véhicules, OCVFM; in the canton of Vaud: the Service des automobiles et de la navigation, SAN), independently of any criminal proceedings. It can be challenged by administrative appeal within a deadline of generally thirty days. The appeal must set out the factual and legal grounds justifying the annulment or reduction of the revocation period. The administrative procedure is independent of the criminal procedure: a criminal acquittal does not automatically lead to cancellation of the revocation, and vice versa. Specific arguments regarding mitigating circumstances, the professional necessity of the licence or procedural defects may be raised.
Can a minor speeding offence lead to a licence revocation?
Yes. Under Swiss law, even a moderate speeding offence can lead to a licence revocation under the RTA, depending on the degree of gravity of the fault. Case law distinguishes three degrees: a simple violation of traffic rules (fine), a serious violation (licence revocation of at least one month for standard cases, art. 16c RTA) and a very serious violation (revocation of at least three months). Exceeding the speed limit by 20 km/h in a built-up area (50 zone) already constitutes a serious violation opening the way to a licence revocation. The driving record — in particular previous offences — aggravates the sanctions. For a driver who has been subject to a revocation in the previous two years, the minimum duration of the new revocation is automatically extended.
Is driving without a licence a criminal offence in Switzerland?
Yes. Driving a motor vehicle without holding the required driving licence, or despite a licence revocation, constitutes a criminal offence under Swiss law. Under art. 95 RTA, driving without a licence is punishable by a monetary penalty or, in serious cases, a custodial sentence of up to three years. Driving despite an ongoing revocation is particularly serious: it exposes the driver to a custodial sentence and an extension of the revocation period. A person who entrusts their vehicle to someone without a licence or subject to a revocation may also be prosecuted. PBM Avocats advises its clients on the steps to regularise their situation and minimises the consequences of such an offence.