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Driving under the influence of alcohol or drugs is taken seriously in Chur, which is the capital of the Canton of Graubunden (Grisons). Swiss law combines federal rules and cantonal enforcement. Police in Chur conduct routine roadside controls, use breath and blood tests, and may impose immediate administrative measures such as temporary driving bans. Depending on the degree of intoxication, whether an accident occurred, and whether the driver is a repeat offender, consequences can range from fines and administrative license suspension to criminal prosecution and longer-term driving bans. If you face an allegation, understanding local procedures and your rights is important.
A lawyer can help in many situations that arise after a DUI or DWI stop in Chur. Common reasons to seek legal help include:
- You exceeded the alcohol or drug limit indicated by a breath or blood test.
- You were involved in an accident that caused property damage, injury, or death.
- You refused a breath or blood test, or the police say you refused.
- You are a commercial driver or a novice driver on a probationary license - special rules and stricter limits may apply.
- The police confiscated your license or imposed an immediate driving ban.
- You face criminal charges or an administrative procedure that could lead to a long driving ban or a requirement for medical-psychological assessment.
- You believe the evidence is unreliable - for example, breathalyzer calibration errors, mishandled blood samples, or procedural mistakes.
A lawyer who knows Swiss traffic and criminal law can advise on immediate steps, represent you in dealings with prosecutors and the cantonal road traffic office, prepare defenses, negotiate alternatives, and handle appeals.
Key legal points to understand for Chur and the Canton of Graubunden:
- Legal framework - Federal traffic law and the Swiss Criminal Code set the main rules, while cantonal authorities implement administrative measures and prosecutions. The cantonal police and the cantonal road traffic office are central actors in Chur.
- Alcohol and drugs - Driving under the influence of alcohol or drugs is prohibited. Police use breath tests at the roadside and may order a blood test for confirmation. Limits vary by driver category - ordinary private drivers, novice drivers, and professional drivers may face different thresholds or stricter enforcement.
- Immediate measures - Police can withdraw a driving license on the spot in certain situations and impose provisional driving bans. The canton can later issue longer suspensions or require rehabilitative measures.
- Criminal versus administrative - Some cases lead to administrative sanctions only, while serious or repeated offenses, or incidents causing injury, can lead to criminal charges, fines, and possible custodial sentences.
- Reinstatement conditions - After a suspension, cantonal authorities commonly require evidence of fitness to drive before returning the license. This can include medical or psychological assessments, treatment programs, or participation in alcohol education courses.
- Refusal to test - Refusing a police request for testing has serious consequences. Authorities treat refusal as an aggravating factor and may proceed with stronger administrative or criminal measures, including ordering a blood test by legal authority.
As a general rule, a commonly applied threshold for ordinary private drivers is 0.5 grams of alcohol per kilogram of blood. There are stricter or effectively zero-tolerance thresholds for novice drivers and for professional drivers. Exact limits and how they are applied can vary by case and driver category, so consult a lawyer or the cantonal road traffic office for specifics related to your situation.
The police can perform field sobriety tests and a breath test. If results indicate impairment, the police may detain you, take a further breath or blood test, and temporarily withdraw your driving license. If you are unfit to drive, officers will prevent you from continuing to operate the vehicle and may arrange for your vehicle to be removed. Documentation of the stop will be prepared and you may later receive administrative or criminal notices.
You can verbally refuse, but refusal is risky. Authorities treat refusal as an aggravating factor and can seek a court order for a blood test. Refusal often leads to immediate administrative measures, stronger penalties, and may worsen outcomes in criminal proceedings. Discuss potential consequences with a lawyer before deciding how to respond during a stop.
Not every DUI results in a criminal conviction. Some cases are handled administratively, especially lower-level offenses without accidents or repeat behavior. Serious cases - high intoxication, accidents causing injury or death, or repeat offenses - can lead to criminal prosecution and a criminal record if convicted. A lawyer can advise on whether a case is likely to be criminal and on strategies to limit long-term consequences.
Suspension length depends on the severity of the offense, prior history, and case specifics. It can range from a temporary withdrawal at the roadside for days or weeks, to several months or years for serious or repeat offenses. Reinstatement may require medical-psychological assessments or completion of rehabilitation measures. A lawyer can help estimate likely suspension periods and options to reduce them.
Common defenses include procedural errors in administering tests, improperly calibrated or maintained breath devices, chain-of-custody problems with blood samples, medical conditions that could affect test results, and factual disputes about driving behavior or police procedure. An experienced lawyer will review police reports, test data, and medical records to identify possible weaknesses in the prosecution or administrative case.
Even if you intend to plead guilty, a lawyer is valuable. A lawyer can negotiate with prosecutors or administrative authorities to seek reduced penalties, alternative measures, or mitigated outcomes. Counsel can also ensure you understand long-term consequences such as record implications and license reinstatement requirements before you admit liability.
Costs vary with the lawyer, the complexity of the case, and whether the matter is administrative or criminal. Some lawyers charge fixed fees for specific tasks, while others bill hourly. Legal aid or subsidized representation may be available if you meet financial eligibility criteria. Ask for a clear fee estimate at the first meeting and discuss payment arrangements.
Essential steps include complying with lawful police directions, documenting the stop and any statements, preserving any evidence you can (for example, receipts or witnesses), contacting a lawyer as soon as possible, and notifying your insurance company if an accident occurred. Do not dispose of any relevant items and avoid making broad admissions of fault without legal advice.
Look for lawyers who specialize in traffic law and criminal defense and who have experience in cantonal procedures. You can contact the cantonal bar association for referrals, seek recommendations from people you trust, or consult directories of specialized practitioners. At the first meeting ask about experience with local prosecutors and the cantonal road traffic office, past case outcomes, and fee structure.
Helpful local and national bodies you may contact or research include the Cantonal Police of Graubunden, the Strassenverkehrsamt Graubunden (cantonal road traffic office), the cantonal public prosecutor's office, and the cantonal bar association for lawyer referrals. National organizations such as the Federal Roads Office and the Swiss Bar Association provide background information on traffic rules and legal representation. Nonprofit organizations and driving clubs in Switzerland often publish guides on sober driving, prevention programs, and rehabilitation options. If financial assistance is needed for legal fees, contact the cantonal legal aid office to check eligibility.
If you are facing a DUI or DWI matter in Chur, consider these next steps:
- Remain calm and follow any immediate instructions from the police for safety reasons.
- Contact an experienced local lawyer as soon as possible - early advice can change outcomes.
- Collect and preserve documents - police reports, medical notes, receipts, witness names, and any correspondence from authorities.
- Do not attempt to handle negotiations with prosecutors or the road traffic office without legal advice.
- Ask your lawyer about short-term actions you should take - for example, requesting disclosure of evidence, arranging independent testing, or applying for legal aid if needed.
- Keep records of all costs, communications, and deadlines. Missed deadlines for appeals or responses can limit your options.
Getting prompt legal advice is the best way to protect your rights and to work toward the most favorable possible outcome under Swiss and cantonal rules.
