Why riding a bike drunk is not a good idea - these penalties and consequences really do apply
Benno Bier had asked us the following:
Hello
Can the police take away my driver’s license if they catch me drunk on my bike?
Answer: It’s complicated, but riding a bike drunk is definitely not a good idea!
One glass too many and still cycling home? What sounds harmless can have serious consequences under Swiss road traffic law. Many cyclists underestimate the consequences, which can range from heavy fines to a driving ban and even the withdrawal of a driver’s license.
There are many myths and half-truths, especially when it comes to the drink-drive limit, e-bikes and criminal records.
In the following FAQ, we answer the most frequently asked and most important questions so that you know exactly what is going on.
FAQ: Frequently asked questions about cycling and alcohol
Cyclists are subject to the principle of incapacity to ride. This applies not only to the influence of alcohol, but also to the influence of drugs or medication as well as fatigue. Case law has set a clear limit for alcohol: From
No, it depends on the speed. The 0.5 ‰ limit applies to slow e-bikes (up to 25 km/h). For fast e-bikes (up to 45 km/h), which require a category M driver’s license, the stricter rules for motor vehicle drivers apply.
Yes, under certain circumstances the police can take the driver’s license directly on the spot and forward it to the Road Traffic Office. The latter will then check within 10 days whether a precautionary withdrawal of the driver’s license is necessary.
There is no fixed fine. As this is an offense, the fine is determined individually in criminal proceedings (usually by penalty order). As a rule, you can expect to pay a
Caution! Driving under the influence of alcohol is considered gross negligence. This has massive consequences for your insurance cover:
Liability insurance: If you cause damage to another person, your personal liability insurance will probably reduce your benefits considerably or even take recourse against you. This means that the insurance company will first pay for the victim’s damage, but will then claim the money back from you. This can lead to enormous costs.
Accident insurance: Your private or occupational accident insurance can also significantly reduce benefits (e.g. daily allowances, medical expenses) due to gross negligence.
No, not as a rule. A conviction for drunk cycling (Art. 91 para. 1 let. c SVG) is an offense. Such convictions are generally not entered in the extract from the criminal record. An entry is only made in exceptional cases if the fine exceeds CHF 5,000 or if an additional offense (e.g. negligent bodily injury following an accident) is punished in the same proceedings.
Yes, this is possible and the greatest danger to your driver’s license.
However, this is not a direct punishment for riding a bicycle (no “warning withdrawal”). Such a penalty is only provided by law for driving a motor vehicle under the influence of alcohol (e.g. Art. 16a para. 1 let. b SVG )
Instead, the Road Traffic Licensing Office will check your basic fitness to drive on the basis of the police report(Art. 15d SVG).
In the case of high alcohol levels or repeated incidents, doubts may arise as to your suitability to drive a vehicle safely. The authorities can then order a
FF-Law Your lawyers for criminal and road traffic law
Our lawyers in Winterthur specialize in criminal and road traffic law and provide you with comprehensive support if you are accused of driving under the influence or if your driving licence has been revoked.
We offer a detailed initial consultation (1 hour at CHF 330), on site or via video call. We clarify the next steps together.
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.