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Lyssach is in the Canton of Bern, so drink-driving cases follow Swiss federal law and Bern’s criminal and licensing procedures. The municipality does not decide the case: police, the competent prosecution service and the cantonal road traffic authority may each have a role.
After a stop or collision, police may conduct a breath test and, where legally required, arrange an evidential test or blood analysis. A criminal investigation can run alongside a separate administrative review of your driving licence.
The outcome depends on the measured alcohol level, the circumstances, your driving record and whether you hold a licence subject to a lower alcohol limit. If you receive a summons, penalty order or notice about your licence, note every deadline and seek advice promptly.
You dispute the test or procedure. A lawyer can review the test records, blood-analysis results and circumstances of a police stop in Lyssach or elsewhere in Bern.
A collision or dangerous driving is alleged. Injury, property damage or additional traffic allegations can increase the potential consequences and make the evidence more complex.
Your licence is essential for work. If driving is necessary for your employment, a lawyer can help you respond to the criminal case and the separate licence proceedings.
You are a learner, newly licensed or a professional driver. Stricter alcohol limits may apply, so even a level below the ordinary limit can create legal risk.
You have a prior traffic offence or a foreign licence. Previous entries and the licence’s status may affect the administrative response; a lawyer can clarify how Bern authorities may treat them.
You receive a penalty order or do not understand the language used. A lawyer can explain the document, assess whether to object and protect the time limit for responding.
Federal Act on Road Traffic (Road Traffic Act, SVG). This federal act governs alcohol-impaired driving and licence measures. Article 91 sets out criminal consequences for driving under the influence; the act has been in force since 1 October 1959.
Ordinance of the Federal Assembly on Alcohol Limits in Road Traffic. This ordinance sets the alcohol limits used under the Road Traffic Act, including lower limits for specified driver categories. It took effect on 1 January 2014.
Swiss Code of Criminal Procedure (CrimPC). This code governs criminal investigations and proceedings, including the accused person’s procedural rights and defence arrangements. It has applied nationally since 1 January 2011.
For most drivers, the statutory limit is 0.5 per mille blood alcohol or 0.25 mg/l breath alcohol. Lower limits apply to certain drivers, including learner drivers, drivers in their probationary period and professional drivers. The legal classification and licence consequences depend on the measured level and the circumstances.
Not every case requires a lawyer, but advice is useful if you dispute the test, face a collision allegation or risk losing your licence. Consider getting advice before making a detailed statement or responding to a penalty order.
Yes. The criminal authorities decide whether an offence occurred and what penalty applies, while the cantonal road traffic authority considers administrative measures against your licence. One matter can affect the other, but they are separate proceedings.
The ordinary statutory limit is 0.5 per mille blood alcohol or 0.25 mg/l breath alcohol. Lower limits apply to specified categories of drivers, so check which category applies to your licence and driving activity.
Refusing a legally required test can itself have serious legal consequences. If you have concerns about a test, raise them through the proper process and ask a lawyer to review the records.
No single outcome applies to every case. The authority considers the alcohol level, the circumstances and your prior record; the administrative decision is distinct from any criminal penalty.
Timing varies with the evidence, workload and whether you challenge the allegations. A straightforward matter may move faster than one involving blood analysis, a collision or objections to a penalty order.
There is no single local fee. Ask for the hourly rate or fixed-fee scope, likely additional expenses and an estimate for both criminal and licence proceedings before agreeing to representation.
Legal aid or an appointed defence may be available if the statutory requirements are met. Eligibility depends on factors such as financial circumstances and the seriousness or complexity of the case; ask a lawyer or the competent authority promptly.
In many cases, an objection must be made within a short statutory period after service. Check the instructions and deadline on the order immediately, because missing the deadline can make it final.
Swiss authorities can still investigate an alleged offence and impose measures within their jurisdiction. The effect on a foreign licence may differ from the effect on a Swiss licence, so obtain advice based on your residence and licence status.
You should comply with lawful instructions, but you do not need to guess at answers or speculate about events. Ask about your procedural rights and seek legal advice before giving a detailed account if the allegation is disputed or serious.
Bern Cantonal Police (Kantonspolizei Bern): Handles police interventions, roadside checks and evidence gathering in Lyssach and across the canton.
Road Traffic and Shipping Office of the Canton of Bern (SVSA): Administers driving licences and considers administrative measures arising from traffic offences.
Public Prosecutor’s Office of the Canton of Bern: Conducts criminal investigations and prosecutions under Swiss criminal procedure. The competent office depends on the case and its location.
Collect the paperwork today. Keep the police documents, test or laboratory records, summonses and any notice about your licence. Record when each document was served.
Check deadlines immediately. Note the response date on every order or notice; contact a lawyer within one or two days if a deadline is close.
Look for a Swiss lawyer who handles traffic-criminal cases. Confirm they can advise on both the criminal case and Bern’s licence proceedings.
Arrange an initial consultation within a few days. Ask the lawyer to review the evidence, explain the likely process and identify urgent steps.
Ask for written fee terms before hiring. Clarify the rate, expected work, expenses and whether representation covers both proceedings.
Share complete and accurate information. Provide the documents and explain your driving history, licence category and any employment need for driving.
Agree on the immediate plan. Confirm who will contact the authorities, what response is due next and when you will receive an update.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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