Facts
X., born in 1944, has held a category B driver's license since 1963. On May 21, 1999, he was stopped by the police while driving his passenger car due to unsafe driving. A blood test revealed a blood alcohol content of at least 2.73 and at most 3.31 per mille by weight. The Road Traffic Office of the Canton of Graubünden subsequently revoked X.'s driver's license for 9 months. In partially upholding X.'s appeal, the Cantonal Court reduced the duration of the revocation to 7 months. The Federal Roads Office then filed an administrative court appeal, requesting that the Cantonal Court's judgment be overturned and the matter be remanded to the Road Traffic Office for a medical assessment of X.'s fitness to drive.
Considerations
The Federal Supreme Court held that a blood alcohol concentration of at least 2.73 and at most 3.31 per mille by weight constitutes a significant indication of alcoholism within the meaning of the Road Traffic Act. The lower court should therefore have ordered a medical assessment of the driver's fitness to drive, as recommended by the Institute of Forensic Medicine at the University of Zurich-Irchel. Since alcohol is a major cause of serious traffic accidents, the interference with the driver's personal rights is proportionate.
The Federal Supreme Court clarified that persons who have…