Dependence on alcohol, drugs, or medication can lead to a preventive or safety-related withdrawal of a driving license to ensure road safety.
Indeed, Article 16 of the Road Traffic Act (hereinafter LCR) stipulates that a driving license may be revoked if the driver no longer meets the requirements for holding such a document. This is particularly the case when the individual suffers from a form of dependence that renders them unfit to drive (Article 16d para. 1 letter b LCR).
When such dependence is identified by a criminal authority, or more commonly by the police, these authorities may inform the Road Traffic and Navigation Service (hereinafter SAN). It is at this point that the administrative issues related to the driving license begin!
Indeed, when SAN finds serious doubts about the fitness to drive due to alcohol or drug consumption (Article 30 OAC), even if the individual has not committed an offense, it will proceed with a preventive withdrawal of the driving license. The law mandates that such a withdrawal is required when the individual drives with a blood alcohol concentration of 0.8 mg/l or 1.6 ‰, or under the influence of drugs (Article 15d para. 1 letters a and b LCR).
The individual must then undergo an investigation, which includes various medical or psychological assessments (blood tests, urine tests, etc.) to quickly and conclusively determine whether a safety-related withdrawal should be ordered (Article 15d LCR). This examination aims to establish whether the individual is still fit to drive and does not pose a danger to others.
If the assessments show that the individual remains dependent on drugs, alcohol, or medication, SAN will issue what is called a safety-related withdrawal for an indefinite period. The return of the license can only occur after the probation period set by the authority based on the specific circumstances (e.g., impact on road safety, previous records, etc.), provided that the individual proves that their unfitness to drive has disappeared (Article 17 para. 3 LCR). However, the period set by the authority cannot be reduced (Article 16 LCR). Note that the costs of this entire procedure are borne by the individual.
This demonstrates that the consequences of dependence can have significant administrative repercussions. Indeed, this article also aims to make readers aware of the information they might disclose to the authorities. Keep in mind that the authority responsible for the preventive withdrawal of the driving license is SAN. The authority may base its decision on the individual’s own statements to proceed with the withdrawal.
For example, in a 2018 Federal Court decision (1C_708/2017), the convicted individual had confessed to the police that he consumed more than a dozen joints per week and cocaine.
The police, based on these revelations, considered that the person represented a danger on the roads and was not fit to drive safely. This information was passed on by the police to SAN, which then issued a preventive withdrawal against the individual.
If you require further legal information on this matter, please do not hesitate to contact Valentin Legal Consultation. We would be delighted to welcome you to our offices: either for advice or to use our online services. We are also available by phone at 021 351 30 00 or by email at info@cjdv.ch.
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