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Old 07.02.2020, 08:17
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Driving Ban

Hi All,

I'm just after some advice. In May 2019 I caused a disturbance in my own apartment after being very drunk and stupidly broke a few things in my apartment which belong to me, anyway the police were called and they took me to the police station and did an alcohol test which showed I had a lot of alcohol in my system. I was only cautioned after the drink had worn off.

I then received a letter from the driving authorities advising as I have a driving licence I need to go to the foresnics team at the local hospital to have a hair test done for Alcohol Abstinence. In June the same year I stopped drinking alcohol and then I had to go for this hair test in August. I advised the tester that I had stopped drinking for the last 2 months and it was explained that she will recommend if the tests come back that I had not been drinking for the last 2 months that she would allow me to keep my driving licence but I would need to reattend for another 2 sessions 6 months apart to check I'm not abusing alcohol.

So I started to drink only wine in November, normally just with meals and continued this until the present. I had my 6 month review yesterday and was told at the beginning they will conduct another 4 more tests being 6 months apart and that I am not allowed to drink so zero tolerance. I'm being charged altogether for these tests around 1000CHF and have already originally paid 2000CHF.

Does anyone know how this is even possible, I don't even own a car and have never driven in Switzerland and they are treating me like I'm been a drink driver or something. I mean isn't this my choice if I want to drink and not drive.

Just want to know if I can legally challenge this because 100% this would not happen in the UK and I was chatting to a DVLA agent yesterday who agreed this would not happen in the UK.

Thanks for your time reading this and hoping for some good advice from someone.
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Old 07.02.2020, 08:24
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Re: Driving Ban

Sounds completely crazy to me ..
What's the missing link between breaking stuff in the apartment and driving?

Was "getting off" with a caution conditional on stopping alcohol? Was this part of a longer term issue in which the cops had been involved before?

Sounds like you've been classed as some sort of problem drinker who should not have access to a vehicle..

Seems pretty draconian if it's real.
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Old 07.02.2020, 08:26
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Re: Driving Ban

1. Switzerland isnít the UK
2. I think thereís probably more to this story than what youíve written. Maybe say what you were charged with and under which authority this alcohol testing was ordered so that you can get assistance.
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Old 07.02.2020, 08:27
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Re: Driving Ban

Sounds like it's a court-ordered treatment program, presumably in lieu of a harsher punishment like being sent to prison. Were you given any such alternative?
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Old 07.02.2020, 08:36
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Re: Driving Ban

A driving ban is no punishment as you say you don‘t drive here.

AS TonyClifton says, there is more to this than you have told us. This should have stopped when the licensing people contacted you (assume Strassenverkehrsamt). You should have advised it‘s nothing to do with them.

Did the police ask for your licence details?? Who called the police? Were you alone in your flat?? Were you locked up in a cell until sober?
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Old 07.02.2020, 08:37
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Re: Driving Ban

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then I had to go for this hair test in August.
This would not happened to me, I have no hair.
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Old 07.02.2020, 08:45
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Re: Driving Ban

There are driving bans totally unrelated to driving a car. If you're caught riding drunk a bicycle, the car driving permit may be withheld for a while. It happened to an acquaintance.

For me there's no relationship between a car and a cycle. Anyone knows the laws about driving bans?
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Old 07.02.2020, 08:55
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Re: Driving Ban

I have heard of a so called "Idiot test" in Germany, whereby if one is caught driving a vehicle (including bicycles!) with a very high amount of alcohol in their bloodstream, than they have their driving license taken away from them and have to jump through a number of hoops in order to get it back. This includes psychological assessments and alcohol testing similar to what jackieds has described. They take hair samples and if it shows youíve had a drink in the previous months than itís back to square one. A very unfair system though I wasnít aware they had something similar in Switzerland.
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Old 07.02.2020, 09:06
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Re: Driving Ban

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I have heard of a so called "Idiot test" in Germany, whereby if one is caught driving a vehicle (including bicycles!) with a very high amount of alcohol in their bloodstream, than they have their driving license taken away from them and have to jump through a number of hoops in order to get it back. This includes psychological assessments and alcohol testing similar to what jackieds has described. They take hair samples and if it shows youíve had a drink in the previous months than itís back to square one. A very unfair system though I wasnít aware they had something similar in Switzerland.
I'd never get to drive again ..

Although they couldn't test me hair.
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Old 07.02.2020, 09:28
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Re: Driving Ban

Thatīs the MPU, (Medizinisch-Psychologische Untersuchung) and there are different levels.

One is for alcohol then one for drugs, one for agressive driving, and one if you have accumulated too many "points" in Flensburg.


Methinks the CHians have given the OP a shot in front of the bows for being a drunken dichhead.
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Old 07.02.2020, 09:34
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Re: Driving Ban

Hi all,

Thanks for your replies. I wasnít charged by the police and only held in the cell until sober.

There is a little more detail to the story but to me this is not relevant but here we go.

I was very drunk and had an argument with my wife and smashed some of my items, my wife called the police. I was unable to find my keys to get out of the apartment and was on the balcony on the 4th floor and the police were at the bottom and I apparently said to them I need to get out of this apartment and if you donít help Iím going to basically go down the balcony to get out. Still has no relevance to a car and I was no where near a car. Never ever have I driven a car whilst being drunk and no points on my licence.

Thatís the whole story
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Old 07.02.2020, 09:39
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Re: Driving Ban

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Thatís the whole story
Well obviously it's not, since someone, be it Police, Judiciary or Licensing Authority, has gone through a process to enforce your sobriety if you want to retain your licence.

Do you have the option of not doing the tests but just giving up your licence for good? It does rather sound from what you've told us that you have a full-time drinking problem so you probably shouldn't be driving anyway.
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Old 07.02.2020, 09:53
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Re: Driving Ban

Yes I have the option to give up my licence and where is the law which checks every person with a driving licence on how much alcohol they consume. There is no law, only drink or drive and that Iím not guilty of. Or they can pull over a driver they suspect may have consumed too much.
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Old 07.02.2020, 10:07
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Re: Driving Ban

I know someone in ZH who has been banned for years from driving, despite that he had never driven drunk (and rarely drove at all), but he did go to a detox clinic and so they banned him.

Tom
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Old 07.02.2020, 10:26
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Re: Driving Ban

I just want to see where itís written in the law for when a person takes their driving test that advises you are not allowed to drink alcohol when not using your car. I mean honestly I donít mind giving up my licence if this is how pathetic this country is when there are idiots actually drink driving and because they havenít been caught they are driving still.

Iíve been advised from the DVLA that if I return back to the UK I have to live there for at least 186 days and then will have my licence back.

So thanks everyone for your input, much appreciated.
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Old 07.02.2020, 10:30
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Re: Driving Ban

Do you have a previous driving ban from the UK, expired or not?
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Old 07.02.2020, 10:38
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Re: Driving Ban

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There are driving bans totally unrelated to driving a car. If you're caught riding drunk a bicycle, the car driving permit may be withheld for a while. It happened to an acquaintance.

For me there's no relationship between a car and a cycle. Anyone knows the laws about driving bans?
With a bicycle you are just like when driving a car a participant in traffic, it is normal in a lot of countries that you can lose your driving license while cycling drunk.

As for OP, they can deem you a liability meaning that you have to proof you are not or give up your driving license, and to become a liability one does not have to be caught doing an offence while driving. They suspected you have an alcohol problem and/or are unable to perform proper judgement when drunk.

Drinking the red wine while being in the program was a huge and costly mistake, you really want to drink zero if you like to keep your license.

If you want to get rid of all this testing simply give them your license.
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Old 07.02.2020, 10:39
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Re: Driving Ban

Hi Hairybadger,

As advised in my messages earlier Iíve never had any driving incidents or points on my licence. Fully clean licence.
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Old 07.02.2020, 10:55
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Re: Driving Ban

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I just want to see where it’s written in the law ...
Possible that it had been considered a “substance dependancy”?
That would be they consider you not suitable for driving according art. 14.2.c

https://www.admin.ch/opc/it/classifi...266/index.html

https://www.admin.ch/opc/de/classifi...266/index.html
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Old 07.02.2020, 10:58
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Re: Driving Ban

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Hi all,

Thanks for your replies. I wasnít charged by the police and only held in the cell until sober.

There is a little more detail to the story but to me this is not relevant but here we go.

I was very drunk and had an argument with my wife and smashed some of my items, my wife called the police. I was unable to find my keys to get out of the apartment and was on the balcony on the 4th floor and the police were at the bottom and I apparently said to them I need to get out of this apartment and if you donít help Iím going to basically go down the balcony to get out. Still has no relevance to a car and I was no where near a car. Never ever have I driven a car whilst being drunk and no points on my licence.

Thatís the whole story
So you have gone from being drunk in your own apartment and smashing up a few things, to being being drunk having a violent argument with your wife to such an extent that she felt the need to call the police... and you think it is not relevant...

Well it is relevant, very relevant... and you obviously did not get of with a caution. You got served a judicial process of which you know enough that you have been complying with it....

There is obviously an awful lot more to this story so best not to take you seriously.
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