Facts
[X.] was stopped by the police while driving a motor vehicle on 3 October 2010 at 1:45 am. The breath alcohol test revealed a blood alcohol concentration of 0.5 per mille. The Single Criminal Court of the District of Uster subsequently convicted [X.] of driving under the influence. The High Court of the Canton of Zurich upheld this judgment. [X.] appealed the High Court's judgment to the SFCT.
Considerations
The SFCT dismissed the appeal. It concluded that Art. 11 para. 5 let. a RTCO provides a sufficient legal basis. Pursuant to Art. 55 para. 7 let. b RTA, the Federal Council was authorised to issue regulations on the procedure for the breath alcohol test. Art. 11 para. 5 let. a RTCO regulates the evaluation of the breath alcohol test and fits within the framework outlined by the law, without contradicting the purpose and intent of the law.
The…