Drinking and driving

Under Swiss law, road safety is governed by a set of legal provisions designed to protect the physical integrity of road users.
At the heart of these regulations, driving under the influence of alcohol is strictly regulated, reflecting the seriousness with which the Swiss legislator approaches this issue.

Transgression of these provisions not only entails criminal penalties, but can also have civil consequences, particularly in terms of tort liability.
This article takes an in-depth look at the legal provisions relating to driving under the influence of alcohol, the penalties incurred and the legal implications in Switzerland.

Legal limits for driving under the influence of alcohol

Driving under the influence of alcohol is a serious offence with potentially tragic consequences.
In Switzerland, as in many other countries, legal limits have been set to define the acceptable blood alcohol level for drivers.

These limits reflect the legislator’s desire to protect road users while punishing those who endanger public safety.

Drink-driving regulations in Switzerland have evolved over the decades.
Initially, there were no specific limits, and penalties were based on a subjective assessment of the driver’s incapacity.
However, with the advancement of scientific research and growing awareness of the dangers of drink-driving, legal limits were introduced.

We take a closer look at the legal limits for drinking and driving in Switzerland, and the associated legal implications.

The general limit

In Switzerland, the legal blood alcohol limit for drivers is 0.5 grams per liter of blood.

This limit is based on studies showing that driving ability begins to be impaired at this level.

It’s important to note that this limit applies to all drivers, whether professional or not.

Limits for new drivers

Switzerland has adopted a strict approach to novice drivers.
For their first three years of driving, they are subject to zero alcohol tolerance.

This means that any level of alcohol detected in the blood will result in sanctions.

This measure is designed to instill good driving habits from the outset and reduce the risk of accidents among young drivers.

Alcohol testing in Switzerland: procedures, rights and implications

To detect and punish this offence, the police have special tools at their disposal: blood alcohol tests.

These tests measure the level of alcohol in an individual’s blood and determine whether he or she is legally fit to drive.

Test types

There are two main types of alcohol test used in Switzerland:

• Breathalyzer: a portable device that measures the concentration of alcohol in breath.
  It gives a rapid result and is generally used during roadside checks.
  If the result is positive, a second test is usually carried out to confirm.

• Blood test: this is carried out in a hospital setting, to obtain a precise measurement of the alcohol level in the blood.
  This test is generally carried out when the breathalyzer indicates a blood alcohol level close to or above the legal limit, or if the driver refuses the breathalyzer.

Control procedure

Law enforcement agencies may ask a driver to submit to an alcohol test in several situations:

• During random roadside checks.

• If the driver’s behavior suggests possible intoxication (erratic driving, speeding, etc.).

• After a road accident.

It is important to note that refusing to submit to an alcohol test is an offence in Switzerland and can result in severe penalties.

Drivers’ rights

While law enforcement agencies have the right to request a blood alcohol test, drivers also have certain rights, including:

• Right to information: drivers must be informed of the reason for the test and the consequences of refusal.

• Right to refuse the breathalyzer: however, refusal usually entails a compulsory blood test and may have legal implications.

• Right to a lawyer: if the test is positive and leads to prosecution, the driver has the right to consult a lawyer.

Legal implications

A positive BAC test result can lead to a range of legal consequences, from a simple fine to the loss of a driver’s license, or even a prison sentence in the most serious cases.
The severity of the penalty will depend on the BAC level, the circumstances of the offence and the driver’s past record.

The legal consequences of driving under the influence of alcohol in Switzerland

Driving under the influence of alcohol can be a serious offence in Switzerland, and the legal consequences are commensurate with the seriousness of the act.

The Swiss legal system has established a set of sanctions to deter drivers from taking the wheel after consuming alcohol, while protecting the safety of other road users.
In this article, we explore in depth the legal implications associated with drink-driving in Switzerland.

Classification of offences

Swiss law distinguishes between several levels of offence, depending on the driver’s blood alcohol level:

• Minor offence: a blood alcohol level of between 0.5 and 0.79 grams per liter of blood is considered a minor offence.
  Although less serious, this offence still carries penalties.

• Serious offence: a blood alcohol level of 0.8 grams per liter of blood or more is treated as a serious offence, with more severe penalties.

Penalties for minor offences

• Fines : Drivers may be fined according to the seriousness of the offence and the circumstances surrounding the incident.

• Withdrawal of license: the driver’s license may be temporarily confiscated, generally for a period of one to three months.

Penalties for serious offences

• Higher fines: fines for serious offences are significantly higher, and can vary according to the seriousness of the offence.

• Withdrawal of license: the driver’s license may be withdrawn for a longer period, or even indefinitely in certain cases.

• Prison sentence: in the most serious cases, such as repeat offences or if the offence has resulted in an accident causing injury or death, a prison sentence may be imposed.

Civil consequences

In addition to criminal penalties, drink-drivers may also face civil consequences.
If an accident occurs, the victim can sue the at-fault driver for damages.
This can result in compensation for property damage, medical expenses, loss of income and other losses suffered.

Insurance implications

Driving under the influence of alcohol can also have implications for the driver’s car insurance.
Insurance companies may increase premiums or refuse to cover damage caused in an accident involving alcohol.
In some cases, insurance coverage may be cancelled altogether.

Impact on criminal record

A drunk-driving conviction may appear on a driver’s criminal record.
This can have an impact on employment, especially if the position involves driving a vehicle, or if a criminal record check is required.

Rehabilitation programs

Drivers convicted of driving under the influence of alcohol may be required to take an alcohol rehabilitation or awareness program.
These programs are designed to educate drivers about the dangers of drinking and driving, and to help them avoid making the same mistake again in the future.

The dangers of drinking and driving

• Impact on cognitive abilities: alcohol slows reaction time, affects coordination and impairs judgment.
  These effects can be amplified when driving, making it difficult to avoid obstacles or react to unexpected situations.

• Increased risk of accidents: drunk drivers are more likely to take risks, such as driving at high speed or disobeying traffic lights.

• Health consequences: in addition to the risk of accidents, regular alcohol consumption can have harmful effects on health, particularly the liver, heart and nervous system.

Preventive measures

• Plan ahead: if you’re going to drink, plan to get home without driving.

• Designate a sober driver: Before you start drinking, designate a sober person to drive.

• Use public transport: Switzerland has an excellent public transport network.
  Use it when you plan to drink.

• Stay put: if you have no other way of getting home, consider staying overnight.