Facts
Z. was driving his passenger car on the B 202 coming from Switzerland towards Höchst (Austria) at 3:00 a.m. on February 16, 1994. He was stopped for a check by the Austrian gendarmerie. As they detected various signs of intoxication in Z., they conducted breath alcohol tests at 3:51 a.m. and 3:53 a.m., which showed alcohol concentrations of 0.81 mg/l and 0.82 mg/l respectively. Based on these facts, the District Authority of Bregenz convicted Z. on April 13, 1994 of driving under the influence and imposed a fine of ATS 30,000 and revoked his right to use his foreign driver's license on Austrian federal territory for a period of 16 months.
The Road Traffic and Navigation Office of the Canton of St. Gallen, Department of Measures, revoked Z.'s driver's license for a period of 5 months due to driving under the influence, in application of Art. 31 para. 2 and 16 para. 3 lit. b RTA, by order of June 15, 1995. An appeal against this order was dismissed by the Administrative Appeal Commission of the Canton of St. Gallen by judgment of July 3, 1996, the contested order was annulled and the duration of the driver's license revocation was extended to 8 months.
Considerations
The Federal Supreme Court confirmed that offenses committed abroad may be taken into account for the warning revocation of the driver's license serving the traffic safety in Switzerland. The warning revocation of the driver's license is an administrative measure similar to a criminal sanction, but nevertheless independent of it, with a preventive and educational character, which serves to improve traffic safety. Therefore, traffic violations committed abroad can be taken into account for the warning revocation.
The Federal Supreme Court further stated that the…