Alcohol

Your questions about drink-driving

What are the legal drink-drive limits in Switzerland?

Driving under the influence of alcohol is a major concern in Switzerland, a country where road safety is an absolute priority. Legal blood alcohol limits are strictly defined and enforced to prevent accidents and protect all road users. This article aims to clarify these limits, explain the penalties for exceeding them, and underline the importance of respecting these rules for everyone’s safety.

BAC limits in Switzerland

In Switzerland, the law precisely defines the blood-alcohol levels permitted when driving. The blood alcohol level must not exceed 0.5 grams per liter, or 0.25 milligrams per liter of exhaled air. These limits are lowered to 0.1 milligrams per liter of exhaled air for new drivers, probationary drivers and professional drivers. Compliance with these legal limits is essential, as alcohol consumption affects driving ability, slows reflexes and impairs judgment.

Alcohol controls and tests

The Swiss authorities are extremely vigilant, and alcohol tests are frequently carried out on the roads. In the event of suspicion, the police can carry out a breath test at the roadside. If the test is positive, or if the driver refuses to submit to the test, he or she will be taken to hospital for a blood test to determine the precise blood alcohol level. It is crucial to emphasize that refusal to submit to testing carries severe penalties, similar to those incurred in the case of drunk driving.

Penalties incurred

Penalties for driving under the influence of alcohol are severe in Switzerland. They range from fines to prison sentences and even the loss of a driver’s license. The scale of penalties depends on the BAC level and the circumstances of the offence. If the blood alcohol level is over 0.5 g/l but under 0.8 g/l, the driver is liable to a fine. Above 0.8 g/l, the penalties are more severe, and may include loss of license and imprisonment. Repeat offenders or drivers involved in accidents are particularly exposed to severe penalties.

Long-term consequences

In addition to the immediate penalties, drink-driving can have long-term consequences for the driver’s driving record and, by extension, his or her insurance. Insurance companies may increase premiums or cancel the policy in the event of a serious or repeated offence. What’s more, having your license revoked for drinking and driving can complicate the process of getting it back, with increased requirements and additional tests to pass.

Prevention and alternatives

Prevention plays a key role in the fight against driving under the influence of alcohol. Awareness-raising campaigns are frequent, aimed at educating drivers about the risks associated with drinking and driving. It’s always best to plan an alternative if you’re going to drink, whether it’s designating a sober driver, using public transport or opting for a cab service. Safety must always come first, for yourself and for other road users.

The purpose of this article is to highlight the legal blood alcohol limits for driving in Switzerland, the methods of control, the penalties for exceeding them, and the importance of prevention. Driving under the influence of alcohol is a serious act, endangering both the driver and others. It is everyone’s responsibility to respect the limits imposed and to take the necessary measures to avoid drinking and driving. The Swiss authorities are uncompromising on this point, and the penalties are commensurate with the seriousness of the act.

What are the penalties for driving under the influence of alcohol in Switzerland?

Driving under the influence of alcohol is a serious offence in Switzerland, with strict and immediate penalties.
The Swiss authorities are adamant about respecting blood alcohol limits, and any deviation is severely punished.
This article explores in detail the various penalties for drink-driving, to raise awareness among drivers and help prevent this scourge of the road.

Legal blood alcohol limits in Switzerland

In Switzerland, the legal blood alcohol level is set at 0.5 g/l for most drivers.
However, this limit is lowered to 0.1 g/l for new drivers, probationary drivers and professional drivers.
These legal limits are strictly enforced, and anyone exceeding them is liable to prosecution.

Alcohol checks and tests

Alcohol checks are frequent and can be carried out by the police at any time.
In case of doubt, a breath test is performed on site.
If the result is positive, or if you refuse to take the test, a blood sample will be taken to determine the precise blood alcohol level.
It is essential to emphasize that refusing to submit to a blood-alcohol test is considered a serious offence, and is punishable by penalties.

Penalties for driving under the influence of alcohol

Penalties for driving under the influence of alcohol depend on the BAC level and the circumstances of the offence.
If the BAC is between 0.5 and 0.79 g/l, the driver is liable to a fine and a driving-license suspension of at least one month.
If the blood alcohol level is between 0.8 and 1.59 g/l, the penalties are more severe, with the driver’s license withdrawn for at least three months, and a fine or a custodial sentence of up to three years.
For a level in excess of 1.6 g/l, the driver is liable to a custodial sentence of one to four years, a fine and a minimum six-month withdrawal of license.
It is important to note that these penalties are cumulative and may be accompanied by other measures, such as awareness courses or an assessment of fitness to drive.

Repeat offenders and accidents

Recidivist drivers, i.e. those with repeated convictions for drink-driving, face even harsher penalties.
Likewise, if driving under the influence of alcohol leads to an accident, the penalties will be aggravated, up to and including deprivation of liberty.
It’s vital to understand that drink-driving is an extremely irresponsible act, endangering both the driver and other road users.

Consequences for insurance and driver’s license

In addition to criminal penalties, driving under the influence of alcohol also has repercussions on your insurance and driving license.
Insurance companies may increase premiums or cancel the contract in the event of a serious offence.
What’s more, getting your driver’s license back after a drink-drive can be complex, with increased requirements and additional tests to pass.
It is therefore in every driver’s interest to scrupulously respect blood alcohol limits and not to drive while intoxicated.

How do the breathalyzers used in Switzerland work, and how reliable are they?

Combating drink-driving is a priority in Switzerland, and breath testing plays a central role in this.
Breathalyzers are the tools of choice for law enforcement agencies when it comes to measuring the level of alcohol in a driver’s breath.
However, many questions remain as to their operation and reliability.
This article offers a complete breakdown of the breathalyzer devices used during roadside checks in Switzerland, providing a clear and precise understanding of these crucial road safety devices.

How breathalyzers work

Breathalyzers are designed to measure the concentration of alcohol in exhaled breath.
In Switzerland, they operate mainly on an electrochemical principle.
The device contains an electrochemical cell that reacts in the presence of alcohol, triggering a chemical reaction that generates an electric current.
The intensity of this current is proportional to the concentration of alcohol in the exhaled air, enabling the BAC to be determined.
This technology offers fast, accurate measurement, making breathalyzers indispensable tools for roadside checks.

Alcohol testing procedure in Switzerland

In Switzerland, the alcohol testing procedure is strictly regulated.
Law enforcement agencies are empowered to carry out checks at any time, whether following an offence, suspicious behaviour on the part of the driver, or as part of systematic roadside checks.
During the test, the driver is asked to blow into the breathalyser.
If the result is positive, or in case of doubt, a second test can be carried out with a precision device, and a blood sample taken to confirm the blood alcohol level.

Breathalyzer reliability

The reliability of breathalysers is a crucial issue.
In Switzerland, the devices used for breath testing are subject to strict standards and must be regularly calibrated and maintained.
However, like any technical device, breathalysers are not immune to errors or malfunctions.
Certain factors, such as the condition of the device, conditions of use or the presence of substances that may interfere with the measurement, can affect the accuracy of results.
It is therefore essential that tests are carried out under optimum conditions, and that equipment is regularly checked and maintained.

Drivers’ rights during an alcohol test

In Switzerland, drivers have specific rights in the event of an alcohol test.
They have the right to request a second test if the first is positive, and can also demand a blood sample to confirm the results.
It is important that drivers are aware of these rights, and exercise them if necessary.
If there is any doubt about the reliability of the results, it is advisable to contact a traffic lawyer immediately for advice and to defend your rights.

How to avoid measurement errors?

To avoid measurement errors during a breathalyzer test, it is advisable to follow certain precautions.
You should wait at least 15 minutes after consuming alcohol before blowing into the breathalyser, as residual alcohol in the mouth can distort the results.
It is also advisable not to smoke just before the test, as this can also affect the accuracy of the measurement.
Finally, it’s essential to ensure that the breathalyser is properly maintained and calibrated, to guarantee its reliability.

Breathalysers are a valuable tool in the fight against drink-driving in Switzerland.
They enable rapid and accurate measurement of blood alcohol levels, thus contributing to road safety.
However, their reliability depends on many factors, and it is crucial that tests are carried out under optimum conditions and that the devices are regularly maintained.
Drivers have specific rights in the event of an alcohol test, and must be informed of these so that they can exercise them if necessary.
By following certain preca

What should I do if I think a blood-alcohol test is incorrect or has been carried out incorrectly?

Being confronted with a positive or dubious alcohol test can be a delicate and stressful situation, especially if you’re convinced of your innocence or have doubts about the procedure followed.
In Switzerland, legislation on driving under the influence is strict, and penalties can be severe.
However, it is possible to contest a blood-alcohol test that you consider to be incorrect or badly performed.
The aim of this article is to provide guidance for people in this situation, highlighting the steps to take and the rights available to them.

Understanding how alcohol tests work

Before contesting a breathalyzer test, it’s crucial to understand how it works.
In Switzerland, alcohol tests are carried out using breathalysers, devices that measure the alcohol content of breath.
These devices are regularly calibrated and must comply with strict standards to guarantee their accuracy.
However, factors such as incorrect use of the device, the driver’s state of health or the presence of substances that may interfere with the measurement can affect the results.
It is therefore essential to be attentive when carrying out the test, and to immediately report any factors that could affect the reliability of the results.

The driver’s rights during an inspection

In the event of an alcohol test, the driver has certain rights that are important to know.
In Switzerland, the driver has the right to request a second test if the first is positive.
In the event of persistent doubt, it is also possible to request a blood sample to be taken in hospital, in order to determine the blood alcohol level more precisely.
Knowing and exercising these rights is crucial, as they can play a decisive role in what happens next.

Contesting a blood-alcohol test

If you feel that a blood alcohol test is incorrect or has been carried out incorrectly, it’s essential to act quickly.
In Switzerland, a challenge to a blood alcohol test must be made as soon as possible.
We recommend that you immediately contact a lawyer specializing in road traffic law, who will be able to guide you through the steps to be taken and help you build a solid case.
The lawyer can also request a review of the procedure followed during the test and, if necessary, call in a technician to assess the reliability of the breathalyzer used.

Items that may be contested

There are a number of elements that can be challenged when questioning the reliability of a breathalyzer test.
The validity of the test can be questioned by pointing to a lack of calibration of the device, incorrect use of the breathalyser by the police officer, or the presence of substances that may distort the results.
In addition, factors linked to the driver’s state of health, such as certain medical conditions or recent ingestion of medication, can also be invoked.
It is therefore essential to gather and present all the elements likely to support your contestation.

How can I contest the results of an alcohol test in Switzerland?

Facing a positive alcohol test result in Switzerland can be a disconcerting experience, especially if you’re convinced of your sobriety.
Swiss legislation is very strict on drink-driving, and the consequences can be severe.
However, it’s important to know that you have the right to challenge the results of a blood alcohol test if you think they’re wrong.
In this article, we’ll explore the steps you need to take and the aspects to consider in order to effectively contest a blood alcohol test in Switzerland.

Knowing standards and procedures

To challenge a breathalyzer test, it’s crucial to understand how breathalyzers work and what procedures are in force in Switzerland.
The devices used must meet strict standards and be regularly calibrated to ensure their accuracy.
Law enforcement officers must also follow a strict procedure when carrying out the test.
If you have reason to believe that the device was faulty, or that the procedure was not followed correctly, this may be grounds for a dispute.
So it’s essential to stay informed and vigilant throughout the process.

Act quickly

Time is of the essence when you decide to contest the results of an alcohol test.
In Switzerland, there are legal time limits for filing a challenge.
It is advisable to contact a traffic lawyer as soon as possible to prepare your case and meet the deadlines.
Your lawyer will also be able to guide you through the various stages of the procedure and ensure that your rights are protected.

Collecting evidence

A successful challenge relies on the ability to provide solid evidence to support your case.
This can include testimonials, photos, videos or anything else that can prove that the BAC test was performed incorrectly or that the results are inaccurate.
You can also ask for a second opinion or a blood test to confirm your blood alcohol level.
Your lawyer will play a key role in gathering and presenting evidence to support your challenge.

Present a solid argument

Challenging a breathalyzer test requires presenting a convincing and well-founded argument to the relevant authorities.
Your lawyer will be able to draw up a solid legal argument, highlighting any flaws in the procedure followed or defects in the apparatus used.
It is essential to demonstrate clearly why the test results are questionable and why they should not be taken into account in establishing your guilt.

Call in an expert

In some cases, it may be advisable to call in a technical expert to analyze the results of the alcohol test and the procedure followed.
An expert can examine the device used, check its calibration and make sure it was working properly.
If the expert is able to demonstrate that the device was faulty or misused, this can be a key element in supporting your challenge and strengthening your case.

Preparing for all eventualities

Contesting a blood alcohol test is a complex and uncertain process.
It’s important to be prepared for all eventualities and to understand that a successful challenge is not guaranteed.
However, with the help of a specialized lawyer and rigorous preparation, you can increase your chances of having the results contested and avoiding drink-driving penalties.

The consequences of a successful protest

If your contestation is accepted and the results of the alcohol test are invalidated, this may result in the cancellation of the sanctions imposed on you.
This may include the recovery of your driving license if it had been suspended, as well as the cancellation of any fine.
It’s important to note that each case is unique, and the outcome depends on many factors, including the quality of the evidence presented and the legal arguments developed by your lawyer.

Challenging the results of an alcohol test in Switzerland is your right, but it’s also a complex process that requires careful preparation and professional assistance.
Knowing the standards and procedures, acting quickly, gathering solid evidence, presenting a convincing argument and, if necessary, calling in an expert are key steps in increasing your chances of success.
With the support of a specialist lawyer, you can navigate this delicate process and effectively defend your rights.

In conclusion, contesting a blood alcohol test in Switzerland is a process that requires in-depth knowledge of the legal system, rigorous preparation and the support of a specialist lawyer.
By following the right steps and presenting a solid case, you maximize your chances of success and defend your rights in the face of charges that can have a major impact on your daily life and your freedom to drive.

An initial consultation

from 60 min to CHF 220.00

Take stock of your situation with a specialist lawyer.

Would you just like to make an appointment to ask a few questions?
Not sure what to do?
Is your situation unclear?

Opt for an initial consultation with a lawyer.

You will then decide whether you wish to proceed, and our lawyers will give you the cost of the procedure according to your case.
Appointments can be made in person or by videoconference.

Need a lawyer for your driver's license?

Make an appointment now

by calling our secretariat or filling in the form below.
Appointments can be made in person or by videoconference.

Geneva: +41 22 577 66 44

Lausanne: +41 21 566 77 49

FOR GENEVA :

FOR LAUSANNE :