Facts
On 29 August 2009, [X.] caused a single-vehicle accident in Affoltern am Albis. The police detected signs of alcohol consumption in him, whereupon they ordered a breath alcohol test and a blood sample. However, [X.] refused to cooperate with both measures. Consequently, he was convicted by the District Office of Rheinfelden for obstruction of a blood sample pursuant to Art. 91a para. 1 RTA in conjunction with Art. 55 RTA. [X.] appealed against this judgment to the DFC.Considerations
The DFC dismissed the appeal. It stated that for the fulfilment of the offence of obstruction of measures to determine driving incapacity under Art. 91a RTA, active resistance is not required. Rather, it is sufficient if the behaviour of the person concerned obstructs the smooth implementation of the ordered measure. In the present case, [X.] had clearly and unambiguously refused the breath…