Facts
The appellant X. was checked by the Graubünden Cantonal Police in St. Moritz on April 20, 2001 and reported for driving under the influence of alcohol with a blood alcohol concentration of at least 1.68 and a maximum of 2.11 per mille. He had already been convicted of drunk driving in 1998. Consequently, on May 23, 2001, the Road Traffic Office of the Canton of Graubünden ordered a precautionary revocation of his driver's license for an indefinite period and ordered a medical examination. Based on an expert opinion from the Beverin Psychiatric Clinic dated October 9, 2001, the Road Traffic Office revoked X.'s driver's license for an indefinite period, for at least 16 months. X. filed an administrative appeal against this, which was dismissed by the Graubünden Cantonal Court. X. then filed an administrative court appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the appeal. It states that the medical expert opinion alone does not provide a sufficient basis for the revocation of the driver's license. While the blood test showed a pathological CDT value, which indicates increased alcohol consumption, the other laboratory values showed no abnormalities, and the expert did not find alcohol dependence in the medical sense. Further clarifications, such as a thorough examination of the personal…