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.
