Best Drunk Driving Lawyers in Arlesheim

About Drunk Driving Law in Arlesheim, Switzerland

Drunk driving in Arlesheim is governed by Swiss federal law that applies throughout the country. Enforcement and many practical steps are handled locally by the Canton of Basel-Landschaft. The general blood alcohol concentration limit is 0.5 per mille, which is roughly 0.05 percent, and the evidential breath alcohol limit is 0.25 milligrams per liter. For new drivers on a probationary license and for professional drivers the limit is effectively zero with a tolerance of 0.1 per mille and 0.05 milligrams per liter. Driving with 0.8 per mille or more is treated as qualified drunk driving and triggers criminal penalties and a mandatory license withdrawal. Police in Basel-Landschaft can stop drivers for checks, use roadside screening devices, and order evidential breath or blood tests. Consequences can include fines, a monetary penalty calculated from your income, a driving ban, and administrative measures taken by the cantonal road traffic authority.

Why You May Need a Lawyer

Legal help is important because a drunk driving case involves both a criminal track and an administrative track that can quickly affect your ability to drive and your record. You may need a lawyer if your blood alcohol concentration is alleged to be 0.8 per mille or higher, if an accident with injuries or property damage occurred, if you refused a test, or if you hold a probationary or professional license that is subject to stricter limits. A lawyer can challenge how the stop and testing were performed, negotiate penalties, protect you during questioning, and manage tight deadlines to object to a penal order or appeal a license withdrawal. If you are a foreign driver, legal counsel can explain how a Swiss driving ban applies to you. If your insurer seeks recourse after a crash, a lawyer can address civil exposure. In cases with a very high alcohol value or suspected alcohol dependence, authorities may order a traffic medical assessment, and a lawyer can help you prepare and respond.

Local Laws Overview

Key limits in Arlesheim under Swiss law are 0.5 per mille for most drivers and 0.1 per mille for novice and professional drivers. Breath limits are 0.25 milligrams per liter and 0.05 milligrams per liter respectively. Driving with 0.8 per mille or more or refusing an evidential test is a qualified offense. Police may carry out preliminary breath tests at the roadside and will use evidential breath testing or a blood draw, typically at a station or hospital, for proof. You must identify yourself and follow lawful instructions. Refusal is itself punishable.

Penalties vary by severity, prior history, and circumstances. For 0.5 to 0.79 per mille, you typically face a fine and an administrative warning or a license withdrawal, often at least one month if there are aggravating factors like an accident or prior measures. At 0.8 per mille or higher, the court or prosecutor can impose a monetary penalty in daily units based on income, possibly suspended on probation, and the road traffic authority must withdraw your license for at least three months. Repeat offenses and very high alcohol levels increase the duration. In serious cases, short custodial sentences are legally possible. The insurer can reduce benefits and seek reimbursement if you drove while unfit.

Two procedures run in parallel. The prosecuting authority handles the criminal aspect, often issuing a penal order that can be opposed within a short time limit. The Basel-Landschaft road traffic office handles administrative measures, including immediate provisional seizure of the license and a formal withdrawal decision. For higher alcohol levels or signs of dependency, the authority can order a traffic medical assessment to decide on fitness to drive. Decisions are issued in German and set out appeal rights and deadlines that are often 10 days.

Local implementation in Arlesheim involves the Kantonspolizei Basel-Landschaft for roadside enforcement and the Strassenverkehrsamt Basel-Landschaft in Liestal for license measures. Courts and prosecutors in Basel-Landschaft manage the criminal case flow, commonly via the penal order procedure.

Frequently Asked Questions

What is the legal alcohol limit for drivers in Arlesheim

For most drivers the limit is 0.5 per mille or 0.25 milligrams per liter in breath. For novice drivers on a probationary license and for professional drivers the limit is 0.1 per mille or 0.05 milligrams per liter in breath. Reaching 0.8 per mille is a qualified offense with stricter consequences.

What happens if I refuse a breath or blood test

Refusing an evidential test is treated similarly to a qualified drunk driving offense. You can face criminal penalties and a mandatory license withdrawal, and police can still take steps to secure evidence. Refusal usually makes the situation worse than cooperating, and you should seek legal advice immediately.

Will the police take my license on the spot

Police can provisionally seize your license if they suspect you are unfit to drive or if a qualified offense is alleged. The cantonal road traffic office then decides on a provisional and later a formal withdrawal. You will receive written notice with reasons and appeal information.

What penalties do first offenders face

If your value is between 0.5 and 0.79 per mille and no accident occurred, you often receive a fine and possibly a warning. Depending on circumstances, a first offense can still trigger a one month withdrawal. At 0.8 per mille or higher, the license must be withdrawn for at least three months and you face a monetary penalty calculated from your income. Procedural costs are added in both tracks.

Will I have a criminal record

Qualified drunk driving and test refusal lead to a criminal conviction that can appear on your criminal record extract for a time, depending on the sentence. Lower range administrative cases may not produce a criminal entry if handled solely as an administrative infraction. A lawyer can explain the lasting effects on your record.

Can I keep driving to work with a restricted permit

Swiss law does not generally provide a work-only driving permit during a license withdrawal. Some withdrawals can be staggered in timing for practical reasons, but driving during the ban is prohibited. Early reinstatement or exceptions are rare and depend on the authority.

How do income-based monetary penalties work

Monetary penalties are set in daily units, up to a statutory maximum number of days, and each day is valued based on your net income and financial obligations. Courts can suspend the penalty on probation in appropriate cases. Separate fixed fines and costs can also be imposed.

What if I am a tourist or hold a foreign license

Swiss authorities can prohibit you from driving on Swiss territory even if your license is from another country. The ban is enforceable in Switzerland. Information may be shared with your home country under cooperation agreements, and insurers may still seek recourse. You should consult a lawyer who understands cross-border issues.

Can medications or drugs lead to the same consequences

Yes. Driving while impaired by drugs or medications is prohibited. There is zero tolerance for certain illicit substances, and many prescription drugs warn against driving. Testing can include saliva, urine, and blood. Penalties and license measures are comparable to alcohol cases.

Will I need a traffic medical or psychological assessment

The road traffic authority can order an assessment if your alcohol value is very high, if there are repeat offenses, or if there are signs of dependency. The assessment evaluates fitness to drive and may lead to conditions such as abstinence monitoring or longer withdrawals. Preparation with legal and medical guidance is advisable.

Additional Resources

Kantonspolizei Basel-Landschaft provides information on traffic checks, procedures, and rights during roadside controls. They are the first point of contact after a stop in Arlesheim.

Strassenverkehrsamt Basel-Landschaft in Liestal handles license seizures, withdrawals, and traffic medical referrals. Their notices include deadlines for objections and appeals.

Bundesamt fur Strassen, often referred to as ASTRA, publishes nationwide guidance on road traffic law, alcohol limits, and safety campaigns.

Local counseling services for alcohol and addiction in Basel-Landschaft can assist with treatment plans that may be relevant during administrative proceedings.

Legal protection providers and motorists associations in Switzerland offer information on traffic law and may provide hotline assistance or coverage for lawyer fees.

Next Steps

If you are facing a drunk driving allegation in Arlesheim, write down everything you remember about the stop and testing, collect any documents you received from police, prosecutors, or the road traffic office, and do not discuss your case on social media. Contact a lawyer who practices traffic and criminal law in Basel-Landschaft as soon as possible. Many key deadlines, such as opposing a penal order or appealing a license withdrawal, are short, often 10 days from notification. Ask your lawyer about the likelihood of a warning versus withdrawal, the range of monetary penalties based on your income, and whether a traffic medical assessment is likely.

If you rely on driving for work, discuss timing options with your lawyer before you make any requests to the authority. Inform your insurer promptly if an accident occurred, and do not admit liability beyond what is required by law. If alcohol dependence may be an issue, consider engaging in counseling early and keep records of participation, as this can be relevant to fitness-to-drive decisions.

This guide is informational and not a substitute for tailored legal advice. A local lawyer can assess the evidence, protect your rights, and help you reach the most favorable outcome under Swiss law as applied in Arlesheim and the surrounding Basel-Landschaft region.