Vino and the consequences of thwarting a blood test
Vino Veritas:
What are the consequences of refusing to provide a blood sample? Can obstruction be classified as a moderate offense?
Answer:
Hello Vino
You are mixing up the various legal consequences of refusing to provide a blood sample.
Under criminal law, the thwarting of a measure to determine incapacity to drive pursuant to Art. 91a para. 1 SVG punishable by a fine or imprisonment of up to three years. The act thus constitutes an offense (as opposed to a misdemeanor or felony).
These consequences under criminal law must be distinguished from the consequences under administrative law in the so-called administrative measures procedure under road traffic law. A distinction is made between minor, moderate and serious violations of the Road Traffic Act.
According to Art. 16c SVG, the consequences of failing to provide a blood sample in the administrative measures procedure are qualification as a serious offense and a driving disqualification of at least three months.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
