Drink Driving in Switzerland: Penalties and Licence Withdrawal

Blood Alcohol Thresholds and Consequences

The Road Traffic Act (RTA) and the Traffic Rules Ordinance (TRO) set specific blood alcohol thresholds, each triggering different consequences.

0.50 to 0.79 per mille (Minor Offence)

Art. 91 para. 1 let. a RTA classifies driving with a level between 0.50 and 0.79 per mille as a minor offence. Penalties include:

1. A fixed fine (generally CHF 600 to 800)
2. An administrative warning (first offence)
3. A licence withdrawal of at least one month in case of repeat offence

0.80 per mille and Above (Serious Offence)

From 0.80 per mille, art. 91 para. 2 let. a RTA provides for a qualified offence. Consequences are considerably more severe:

1. Monetary penalty or custodial sentence of up to three years
2. Licence withdrawal of at least three months (art. 16c para. 2 let. a RTA)
3. Entry in the criminal record

Qualified Level (1.60 per mille and Above)

A level of 1.60 per mille or above indicates possible alcohol dependency. The administrative authority may require a medical examination and order a safety-related licence withdrawal, with the obligation to prove fitness to drive before any reinstatement.

Zero Tolerance

Certain categories of drivers are subject to zero tolerance (0.10 per mille maximum):

1. New drivers (probationary licence, art. 2a DLO)
2. Professional drivers (passenger transport)
3. Driving instructors

Procedure During a Check

During a check, the police first carry out a preliminary test (breathalyser). If the result exceeds 0.50 per mille, a blood test or evidential breath test is ordered. Only this second measurement has probative value before the courts.

Licence Withdrawal

Licence withdrawal is ordered by the cantonal administrative authority (Motor Vehicle Office), not by the criminal court. Minimum durations:

1. 1 month (minor offence, first case)
2. 3 months (serious offence, first case)
3. 6 months (repeat offence within 5 years of a serious offence)
4. 12 months minimum (second repeat)
5. Indefinite withdrawal (from the third serious offence in 10 years)

Licence Reinstatement

After withdrawal for a qualified alcohol level or repeat offence, reinstatement may be conditional upon:

1. A positive medical examination
2. A favourable psychological report
3. Proof of abstinence (hair tests, EtG)