Facts
The Cantonal Security Directorate of Zug ordered the precautionary revocation of the driving licence of [S.] after she had hit two pedestrians on 4 June 2001 with a blood alcohol concentration of 2.3 to 2.9 per mille. Although the minimum threshold of 2.5 per mille, above which a medical fitness-to-drive assessment must be ordered, was not reached, the Cantonal Security Directorate ordered such an assessment, as [S.] had not shown any signs of intoxication despite the high alcohol level. The Administrative Court of the Canton of Zug overturned the order and referred the matter back to the Cantonal Security Directorate for further clarification and a new decision. The Cantonal Security Directorate appealed against this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court overturned the decision of the Administrative Court and confirmed the precautionary revocation of the driving licence by the Cantonal Security Directorate. It stated that a medical fitness-to-drive assessment must be ordered if the blood alcohol concentration exceeds 2.5 per mille, even if the person concerned has not committed any relevant offence in the…