Parties, wine, champagne and driving

Parties, wine, champagne and driving

"I'm a big fan of wine and champagne! For New Year's Eve on 24 and 31 December, I've been invited to wine-tasting evenings at the home of friends who live in the country, and because there's no public transport available, I'll have to drive there.

I know that the blood alcohol limit has been raised to 0.5‰ but I've heard that if you're caught with a level between 0.5‰ and 0.8‰, the penalty is less severe. Is this true? What are the possible penalties?"

In general terms, Article 31 of the Federal Road Traffic Act (LCR) states that anyone who is not physically or mentally fit to drive a vehicle, in particular because they are under the influence of alcohol, narcotics or medication, must refrain from doing so.

Pursuant to Art. 55 LCR, the Federal Assembly has set the blood alcohol level at which a driver is deemed to be unable to drive at 0.5‰. This means that anyone with a blood alcohol level of 0.5‰ is already committing an offence, as the maximum permitted blood alcohol level is actually 0.49‰.

If you drive with a blood alcohol level of between 0.5 and 0.79‰, you are committing a simple breach of the rules of the road within the meaning of art. 90 LCR, considered a contravention within the meaning of criminal law. You are therefore liable to a fine. From an administrative point of view, if you do not commit any other breach of the rules of the road, your offence is considered minor within the meaning of art. 16a LCR and you are subject to a warning. On the other hand, if you also commit another minor offence, the accumulation of offences will result in the withdrawal of your driving licence for a period of at least one month under article 16b LCR.

When a driver has a blood alcohol level equivalent to 0.8‰ or more, he or she is committing a qualified breach of the rules of the road, which is then considered a serious offence. In criminal terms, this is an offence punishable by a custodial sentence of three years or more or a pecuniary penalty. In administrative terms, the licence is withdrawn for a minimum period of three months in application of art. 16c LCR.

For your own safety and that of other road users, we would like to remind you of Operation Red Nose, which enables you to get home safely in your own vehicle.

Happy festive season to all our dear La Tribune readers!