Admissibility of the breath test as evidence in cases of driving under the influence

Facts

The case concerns a complainant who was charged with driving under the influence. The public prosecutor's office had conducted a breath test, which showed an alcohol content of 1.8 per mille. The complainant argued that the result of the breath test should not be used as evidence.

The Federal Court had to decide whether the result of the breath test could be lawfully used as evidence, especially if a blood sample could not be taken due to the complainant's refusal.

Considerations

The Federal Court states that in accordance with the purpose of Art. 55 para. 2 RTA and Art. 138 RTO, the result of a breath test may be taken into account at least when a blood sample cannot be taken, for example because the driver refuses it.

The breath test devices commonly used today are relatively reliable. There is no objective reason to not admit the result of a breath test as evidence if other evidence such as witness…