Facts
The defendant A. was arrested on 25 October 2017 during a general traffic control at the entrance to the A1 motorway in Oftringen. He refused on the spot to participate in a preliminary drug screening test (Drugwipe test) and also opposed the subsequent blood sampling ordered at the police station. The President of the District Court of Zofingen found A. guilty on 9 July 2018 of obstructing the determination of driving incapacity as the driver of a motor vehicle under Art. 91a para. 1 RTA and sentenced him to a monetary penalty of 40 daily penalty units with a probation period of 2 years, together with an additional fine of CHF 600.-. On appeal by A. and a joint appeal by the public prosecutor's office, the Cantonal Court of the Canton of Aargau confirmed the first instance judgment on 17 April 2019. However, it aggravated the monetary penalty to 90 daily penalty units at CHF 90.- and the additional fine to CHF 2'000.-, with a probation period of 3 years for the monetary penalty.Considerations
The Federal Tribunal holds that the offence under Art. 91a para. 1 RTA is a result-based offence. The punishable conduct consists in definitively rendering impossible the reliable establishment of driving incapacity by means of the investigative measures provided for by law. The refusal to undergo preliminary drug tests is not sufficient, since these have only an indicative value and do not allow the exact medical condition of…