Best DUI & DWI Lawyers in Muttenz

About DUI & DWI Law in Muttenz, Switzerland

Driving under the influence in Switzerland is regulated by the national Road Traffic Act and applied locally by the Canton of Basel-Landschaft, which includes Muttenz. While the terms DUI and DWI come from English, Swiss authorities typically refer to drink-driving or driving while impaired. The rules apply to cars, motorcycles, e-bikes with assist above 25 kmh, and e-scooters. Bicycles are also regulated for impairment, although different thresholds can apply.

Switzerland uses a combination of criminal penalties and administrative measures. That means you can face a fine or day-fines set according to income, as well as license withdrawal imposed by the cantonal road traffic office. Police controls are common, especially on weekends and near event venues. Even first offenses can lead to a license suspension.

Why You May Need a Lawyer

- You want to challenge the basis of the stop, the reliability of a breath test, or the chain of custody for a blood sample.

- You received a penal order and need to decide whether to object within the strict 10-day deadline.

- You face a license withdrawal that could jeopardize your job, caregiving duties, or cross-border commuting.

- You are a probationary driver or a professional driver, both of whom face stricter alcohol limits and sanctions.

- There was an accident with injury or property damage, which can escalate penalties and civil liability exposure.

- You have prior traffic offenses or a high measured alcohol level, which can trigger longer withdrawals and medical-psychological assessments.

- You are a foreign license holder and need guidance on Swiss administrative measures and how they affect your home country license.

- You were under the influence of drugs, where Switzerland applies a near zero-tolerance regime with very low threshold values.

- You need help communicating with authorities in German or ensuring interpreter rights.

Local Laws Overview

- Alcohol limits: The general legal blood alcohol concentration limit is 0.5 per mille. For learner and probationary drivers, as well as many professional drivers, a 0.1 per mille limit applies, effectively a zero-tolerance rule.

- Drugs: For certain illicit drugs, Switzerland applies per se thresholds in blood that are set very low. Exceeding these values is treated similarly to high alcohol impairment, regardless of apparent driving ability.

- Testing: Police in Muttenz and across Basel-Landschaft use roadside breath screening. If positive, an evidential breath test or a blood test may follow. Refusing testing is treated as a serious offense and typically leads to a lengthy license withdrawal and criminal sanctions.

- Penalties and measures: At 0.5 per mille and above, expect a fine and at least a 1-month license withdrawal. At higher levels such as 0.8 per mille and above, criminal penalties increase and license withdrawal is typically longer. Very high levels, repeat offenses, or drug impairment can trigger a medical-psychological assessment and longer or indefinite withdrawals. Each case is assessed individually.

- Procedure: The public prosecutor often issues a penal order. You have 10 days to file an objection. Separately, the cantonal road traffic office issues an administrative decision on license withdrawal. You typically have a short window, often 10 days, to appeal. The two tracks are separate but related.

- Records and insurance: Serious DUI offenses are recorded in your criminal record. Your insurer can reduce or recourse your coverage for damages if you were impaired. Premiums may rise and coverage limits can be affected.

- Vehicles other than cars: The same impairment rules apply to motorcycles and e-scooters. Cyclists can also be sanctioned for impairment. Non-motorized cases are usually handled differently but can still lead to fines and, where safety is compromised, license measures.

- Local authorities: In Muttenz, controls are conducted by the Kantonspolizei Basel-Landschaft. License measures are imposed by the Strassenverkehrsamt Basel-Landschaft.

Frequently Asked Questions

What is the legal alcohol limit in Muttenz?

The general limit is 0.5 per mille. For learner and probationary drivers and for many professional drivers, the limit is 0.1 per mille. Staying below the limit does not guarantee immunity if your driving is clearly unsafe, but the per se limits are key thresholds for sanctions.

What happens during a roadside control?

Police may ask basic questions and request an initial breath screening. If the screen is positive or you show signs of impairment, they will conduct an evidential breath test or order a blood test. Cooperate calmly and request that all steps be documented. You have the right to remain silent about consumption and to request an interpreter if needed.

Can I refuse a breath or blood test?

Refusal is itself a serious offense under Swiss law and usually leads to a lengthy license withdrawal and criminal penalties comparable to high impairment. You can contest the legality of the stop or the testing procedure later through counsel.

Will I lose my license and for how long?

Yes, license withdrawal is common. For 0.5 to below 0.8 per mille, withdrawals often start at 1 month. At 0.8 per mille and above or with drugs, expect longer periods. Repeat offenses and very high levels can lead to many months, years, or in severe cases an indefinite withdrawal until fitness to drive is re-established.

Will I get a criminal record?

Sanctions at or above 0.8 per mille or involving drugs typically lead to an entry, while lower-level violations can be handled as contraventions. Whether an entry appears on an extract for employers depends on the type and duration of the penalty. A lawyer can assess disclosure risks.

How do Swiss day-fines work?

For many offenses, Switzerland uses income-based day-fines. The court sets a number of daily units and a value per unit based on your financial situation. Payment can sometimes be suspended on probation. Separate fixed fines can also apply for lesser violations.

What if I hold a foreign license?

Basel-Landschaft can withdraw your right to drive in Switzerland even if your license was issued abroad. The canton may notify your home authority. Returning the physical license can be required. Cross-border implications vary by country, so get jurisdiction-specific advice.

How does a penal order work and what is the deadline?

The prosecutor may issue a penal order without a court hearing. You usually have 10 days from service to file a written objection. If you miss the deadline, the order becomes final. An objection sends the case to a fuller review or hearing.

What about insurance after a DUI?

Insurers often pay third-party damages but can seek recourse from you due to gross negligence. Your collision coverage can be reduced or denied. Expect premium increases or policy changes. Notify your insurer promptly but avoid admitting fault without legal advice.

I am a probationary or professional driver. What extra risks apply?

You are subject to the 0.1 per mille limit and face stricter administrative measures. Probationary drivers risk extension of the probation period, mandatory courses, or cancellation of the probationary license. Professional drivers face serious employment consequences and possible fitness-to-drive evaluations.

Additional Resources

- Strassenverkehrsamt Basel-Landschaft - administrative authority for license withdrawals and fitness-to-drive measures.

- Kantonspolizei Basel-Landschaft - cantonal police responsible for roadside controls and enforcement.

- Staatsanwaltschaft Basel-Landschaft - public prosecutor handling penal orders and criminal proceedings.

- Federal Roads Office ASTRA - federal authority overseeing road traffic regulations and policy.

- Institute of Forensic Medicine at regional universities - conducts evidential blood analyses and medical assessments.

- Verkehrspsychologische and verkehrsmedizinische services - licensed providers for medical-psychological assessments and rehabilitation programs.

- Touring Club Schweiz legal protection services - information on motorist rights and insurance aspects.

- Suchtpraevention Basel-Landschaft - support and counseling related to alcohol or substance use.

Next Steps

- Do not drive until you are legally allowed to do so. Arrange alternative transport immediately.

- Write down what happened as soon as possible, including timeline, consumption, medications, witnesses, and police interactions.

- Keep all documents, including test receipts, summons, penal orders, and any administrative notices from the road traffic office.

- Observe deadlines. You typically have 10 days to object to a penal order and about 10 days to appeal an administrative withdrawal. Missing a deadline can make decisions final.

- Consult a lawyer experienced in Swiss DUI law in Basel-Landschaft. Ask about challenging tests, negotiating penalties, and strategies to reduce license withdrawal duration.

- If you rely on your license for work, gather proof such as employment contracts, schedules, or letters from your employer to support a hardship argument where available.

- If medications or medical conditions may have influenced results, obtain medical records and discuss a forensic review with your lawyer.

- Notify your insurer promptly while avoiding admissions of liability. Ask your lawyer to guide communications.

- If ordered to complete assessments or courses, book them early and keep confirmations to show compliance and rehabilitation efforts.

- If you are not fluent in German, request an interpreter for all proceedings to ensure you understand your rights and obligations.