Facts
The complainant X. was ordered by the police to undergo a rapid drug test due to suspicion of driving impairment caused by drug use, but he refused to comply. He was subsequently convicted of an offence against the RTA (Road Traffic Act) for obstructing measures to determine driving impairment. The Federal Court dismissed his appeal against this judgment.Considerations
The Federal Court states that the police are authorised under Art. 10(2) RTCO (Road Traffic Control Ordinance) to order a rapid drug test if there are indications that the person being controlled is impaired by a substance other than alcohol. For the order of such a preliminary test, a sufficient suspicion of an offence within the meaning of Art. 197(1)(b) CrimPC (Criminal Procedure Code) is not required, as it is a measure within the framework of the security…