This Swiss should never have refused the breathalyzer

Anyone who drives under the influence of alcohol must be punished. But what happens to those who evade police breathalyzer tests?

Nadja Rohner / ch media

On May 17 around noon, in a town in Aargau, a person made a call to the police about an individual appearing to be drunk. He had just gotten behind the wheel in front of the village store. The precise content of the call has not been publicly disclosed.

The police were able to determine who owned the car and a regional police patrol quickly arrived at the scene. Quickly enough to see a 39-year-old Swiss man park his car on his property. To the police, the man did indeed appear to be drunk. So they wanted to take a breathalyzer test. But the man refused to take the test nor was he persuaded to submit to a blood test.

In such cases, police have two options. Either they appeal to the public prosecutor, who can order a blood sample. If the person refuses, a forced collection could even be ordered. However, this method is only used in serious cases, for example when there is suspicion of another crime, such as a road accident causing a death.

The much simpler option is for the police to record that the driver of the vehicle refused to submit to the test. Which is then qualified as “impediment to measures to establish incapacity to drive”.

It is rather rare for the police to do this. This requires a precise suspicion. This could, for example, be driving behavior that indicates alcohol consumption. Or a suspicious result during a provisional “blow” test with a non-conclusive device, which requires another test. Or, as in this case: a testimony. A blood test under duress would have been disproportionate in this situation, specifies the public prosecutor.

Of course, this does not mean that man escapes consequences by refusing to take evidence. Indeed, “obstruction” can result in a prison sentence of up to three years or a fine. In addition, the driving license is withdrawn for at least three months. The man from Aarau, already convicted of similar offenses, was sentenced to 120 day fines at the rate of 110 francs per day, or a total of 13,200 francs. Added to this are procedural costs of 1,240 francs.

Translated and adapted from German by Léon Dietrich

Cornavin station will be completely closed this weekend for work, seriously disrupting journeys despite alternative solutions.

The total interruption of train traffic at Cornavin station in Geneva due to work next weekend will have significant consequences on all travel in the sector. A replacement system by buses, coaches and trams will be put in place, but it will be necessary to take into account extended travel times.