As of: February 6, 2024, 3:19 p.m
By: Helmi Krappitz
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A Swiss man lost his driver's license because he was drunk at home - this can also happen in Germany.
Thurgau - To celebrate the birth of his child, a Swiss man toasted with a friend at home.
When the police showed up at the door, the man only expected a warning.
But the evening ended with his driving license being revoked – and without even getting into the car.
Alcohol test: Swiss drinks at home and has to surrender his driver's license
The evening happened in September 2023 and the process is not over yet.
At 10 p.m., police officers were at the door because of the loud music,
20 Minutes
reported .
“I rarely drink alcohol, except for a beer on the weekend or when I have a special visit,” the 38-year-old told the portal.
Nevertheless, the police demanded an alcohol test, he says.
The result: over two per thousand.
The police left the revelers after promising to be quieter.
But that wasn't all: Days later, a surprise letter arrived in the mailbox.
He said he had to hand over his driver's license first.
“I never drove a car, nor did I plan to.
“I’ve never had an accident in 19 years, except for a parking fine,” said the Thurgau resident.
It was a shock: “I’ve never heard of it being possible to lose your ID card at home.”
If the alcohol level is high, the police can contact the authorities - even if you are not drunk driving.
(Symbolic image) © IMAGO/Celia Nogler
“Possibly addiction”: If the alcohol level is high, authorities can assume that you are generally unfit to drive
The Thurgauer didn't want to let that happen and called in a lawyer.
There is no clear case law in such a case.
However, his appeal was rejected.
Reason: the blood alcohol level.
“In your case, the judges assumed that the alcohol levels determined by the police could indicate a certain habituation to alcohol and thus possibly an addiction that would preclude you from being fit to drive,” wrote the 38-year-old’s lawyer.
In order to get his driver's license back, he must prove that he is not addicted to alcohol.
A medical assessment costs the equivalent of just under 1,600 euros.
The Thurgau resident had already had to pay around 4,300 euros for a lawyer and an objection.
“I think it’s unfair to pay another 1,500 francs just to prove that I don’t have a drinking problem,” he said.
Inability to drive: Police officers in Germany are allowed to pass on suspicions to the authorities
In Germany the police can also act like they did in Thurgau.
According to Section 2 Paragraph 12 of the German Road Traffic Act, the police are authorized to pass on information to the driving license authorities - even if the person was not behind the wheel.
This applies if the officers can suspect that the person is generally unfit to drive.
Such as an extremely high blood alcohol concentration.
If someone with a high blood alcohol level attracts attention to the police - possibly aggressively - the officers can, by law, pass on concerns about their general ability to drive to the responsible authority.
Then an MPU could be due.
However, it is unusual for police officers to blow when there is suspicion of disturbing the peace.
(hk)