Best DUI & DWI Lawyers in Arlesheim

About DUI & DWI Law in Arlesheim, Switzerland

DUI and DWI issues in Arlesheim are governed primarily by Swiss federal law, applied by the Canton of Basel-Landschaft. Driving under the influence of alcohol or drugs is treated seriously, with criminal penalties and administrative measures such as withdrawal of your driving license. Police in Arlesheim and across the canton conduct roadside checks, use evidential breath testing for alcohol, and order blood tests for suspected drug use. Cases are handled by the cantonal authorities, and penalties escalate for higher alcohol levels, repeat offenses, accidents, and endangerment.

Why You May Need a Lawyer

Even a first DUI can lead to criminal penalties, a license withdrawal, and insurance or employment consequences. A lawyer can evaluate the legality of the stop and testing procedures, challenge unreliable results, negotiate with the prosecutor, guide you through administrative proceedings before the road traffic office, and help you meet deadlines. You may also need representation if you are a novice or professional driver subject to stricter rules, a foreign license holder facing a Swiss driving ban, or if an accident or injuries are involved. Early legal advice can reduce the risk of harsh sanctions, limit collateral consequences, and protect your rights during questioning.

Local Laws Overview

Legal alcohol limits in Switzerland are strict. For most drivers, the limit is 0.5 per mille blood alcohol concentration, which corresponds to 0.25 mg per liter breath alcohol. Learner and probationary drivers, as well as certain professional drivers, are subject to a near zero limit of 0.1 per mille, which corresponds to 0.05 mg per liter breath alcohol. For drugs, Switzerland applies a zero tolerance approach for specific narcotics with per se threshold values set in federal ordinances. If those thresholds are met or exceeded, impairment is presumed.

Police in Arlesheim can stop vehicles for checks, administer a screening breath test, and require an evidential breath test. In some situations, or when drugs are suspected, a blood test at a hospital is ordered. Refusing testing is treated similarly to a qualified DUI and leads to serious penalties.

Penalties depend on the alcohol level and circumstances. At 0.5-0.79 per mille, you face a criminal fine and a typical first-time administrative license withdrawal of at least one month. At 0.8 per mille or higher, or if you refuse testing, the offense is qualified and can result in a monetary penalty or a custodial sentence of up to three years, plus an administrative license withdrawal of at least three months for a first offense. Causing an accident, injuries, or showing signs of serious impairment can further increase penalties. Repeat offenses lead to longer withdrawals. Novice drivers risk an extension of the probationary period and additional measures, and professional drivers face particularly strict scrutiny.

Separate from the criminal case, the Basel-Landschaft Road Traffic Office can order administrative measures, including license withdrawal and medical-psychological assessment if alcohol or drug dependence is suspected. Costs of proceedings and testing are often charged to the driver. Convictions can be recorded in Swiss registers and may affect insurance and employment.

Frequently Asked Questions

What is the legal alcohol limit in Arlesheim?

For most drivers it is 0.5 per mille BAC or 0.25 mg per liter breath alcohol. For learner, probationary, and certain professional drivers the threshold is effectively zero, with an enforcement tolerance at 0.1 per mille BAC or 0.05 mg per liter breath alcohol.

What happens if I refuse a breath or blood test?

Refusal is treated similarly to a qualified DUI. You can face a criminal monetary penalty or custodial sentence, and an administrative license withdrawal of at least three months for a first offense. Police can also order compulsory testing in serious cases.

Will I lose my license, and for how long?

At 0.5-0.79 per mille, first-time offenders typically face at least a one-month withdrawal. At 0.8 per mille or higher, the minimum is generally three months. Repeat offenses, accidents, or aggravating factors lead to longer withdrawals. The exact duration is decided by the Basel-Landschaft Road Traffic Office based on your record and circumstances.

Do I have to go to court?

Many cases are handled by a penalty order issued by the public prosecutor. You have a short period to file an objection if you disagree, which then leads to a court hearing. If you do nothing, the penalty order becomes final.

Are there different rules for new or professional drivers?

Yes. Learner and probationary drivers and many professional drivers are subject to a 0.1 per mille threshold. Novice drivers can have their probation extended and may face additional training or assessments. Professional drivers risk employment consequences and tighter oversight.

How are drug-impaired driving cases handled?

Police order a blood test if drugs are suspected. Switzerland applies per se threshold values for specific narcotics, meaning impairment is presumed if those limits are met. Sanctions can include criminal penalties, license withdrawal, and in some cases a medical-psychological assessment before reinstatement.

I am a tourist or hold a foreign license. What should I expect?

Swiss authorities can impose a driving ban that applies within Switzerland, seize your license for enforcement purposes, and report the matter to your home country. Fines and penalties are enforceable in Switzerland, and a Swiss ban can affect insurance and travel plans.

Can I get a work-only license during a ban?

Switzerland does not offer a work-only or hardship license that allows driving during a ban. In limited cases, personal hardship can be considered when setting the length of the withdrawal, but you cannot drive during the ban.

Will a DUI appear on my record?

Convictions are generally entered in Swiss registers and can appear on extracts for a defined period, depending on the penalty. Administrative measures are recorded by the Road Traffic Office. This can affect professional licensing, insurance, and employment.

How quickly must I act if I receive a penalty order or administrative decision?

Deadlines are short. You typically have 10 days to object to a criminal penalty order, and around 30 days to appeal an administrative license decision, though the exact time limit is stated on your notice. Seek legal advice immediately to avoid missing a deadline.

Additional Resources

Kantonspolizei Basel-Landschaft for roadside checks, accident response, and initial reports. Staatsanwaltschaft Basel-Landschaft for penalty orders and prosecution. Strassenverkehrsamt Basel-Landschaft Road Traffic Office for license withdrawals, reinstatement, medical-psychological assessments, and administrative appeals. Bundesamt für Strassen ASTRA Federal Roads Office for federal rules and safety information. bfu Beratungsstelle für Unfallverhütung for prevention guidance. Touring Club Schweiz TCS for member legal assistance services. Schweizerischer Anwaltsverband SAV FSA for lawyer directories.

Next Steps

Write down everything that happened, including times, locations, and interactions with police. Gather documents such as the test report, penalty order, and any administrative notices. Do not miss deadlines noted on your documents, as they are short. Contact a lawyer experienced in DUI cases in Basel-Landschaft to assess testing procedures, challengeable issues, and possible defenses, and to coordinate the criminal and administrative tracks. Follow any temporary driving or surrender instructions from the Road Traffic Office. Consider insurance notification requirements, especially if an accident occurred. If you rely on driving for work, tell your lawyer immediately so potential hardship arguments and mitigation can be raised early.

This guide provides general information and is not a substitute for tailored legal advice. Local practice and individual facts matter. A qualified lawyer can advise you on the best strategy for your situation in Arlesheim and the wider Basel-Landschaft area.