• Driving licence suspension in Switzerland: What to do if you receive a penalty notice and face a driving ban

A penalty notice or an order from the Road Traffic Authority requires prompt action. If this deadline is missed, the decision becomes final. At the same time, depending on the circumstances, there are ways to mitigate the consequences, avoid a driving ban or have it overturned.

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Procedure following a traffic offence

Following a road traffic incident, two types of proceedings are usually initiated:

A) Criminal proceedings (Public Prosecutor’s Office)

Assessment of the facts by means of a summary penalty order (fine or monetary penalty). An appeal may be lodged against this.

B) Administrative procedures (Road Traffic Authority)

Consideration of measures such as issuing a warning or suspending a driving licence.

Both procedures are legally separate, but are closely linked.

Relevant deadlines

• Appeal against a summary penalty order: usually 10 days
• Other deadlines: depending on the individual case

Failure to meet deadlines regularly results in the loss of opportunities to defend oneself.
 

Duration of a driving ban

The length of the sentence depends on the seriousness of the offence and any previous convictions:

• Minor offence: a warning or a minimum of 1 month
• Moderate offence: a minimum of 1 month
• Serious offence: a minimum of 3 months
• Severe speeding offence ("Raserdelikt"): a minimum of 2 years

Defence

Depending on the circumstances, there are various approaches:

• Review of the evidence (e.g. measurement methods)
• Procedural errors
• Disproportionality of the measure
• Coordination between criminal and administrative proceedings

An early legal review is crucial.

Do I need a lawyer?

Legal assistance is particularly advisable in the following circumstances:

• if your driving licence is at risk of being revoked
• if the evidence is unclear
• if your job depends on your driving licence
• in complex cases

Services and packages

If you have any questions about the packages, please give us a call: +41442082525

Standard package (CHF 650)

Review of your documents, analysis of deadlines, retrieval and review of files, and a one-off initial telephone consultation.

Premium package (CHF 2’500)

Comprehensive legal representation, including a tailored defence strategy and communication with the authorities (up to 12 hours’ work).
 

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Frequently Asked Questions

How long do I have to lodge an objection?

Usually 10 days from the date the penalty notice is served.

What happens if no objection is raised?

The penalty order / judgment becomes final and, in principle, can no longer be challenged.

Is it possible to avoid having your driving licence revoked?

This depends on the individual case; in certain circumstances, there are opportunities.

What is the penalty for speeding?

Check your case for free here: Jacklaw.ch

What is the penalty for drink-driving / driving under the influence?

• 0.50 to 0.79 per mille: a warning and a fine of around 600–800 Swiss francs. If you have also broken another traffic rule (for example, if you were speeding), you will have to surrender your driving licence for at least one month and face a substantial fine. The exact amount depends on your financial circumstances.
• 0.80 per mille and above: Driving licence suspension for at least three months, a fine and a monetary penalty, or even a custodial sentence (for repeat offenders)
• from 1.6 per mille: In addition to the penalty (see above), you will be required to undergo a driving aptitude test or be asked to provide a medical assessment. You must remain abstinent for several months and provide proof of this (via a hair sample). You will only get your driving licence back if the medical expert gives the green light.

What is an administrative measure?

The most common administrative measures are the suspension of your driving licence or a warning if you break the road traffic regulations (offence). An administrative measure is a measure designed to improve road safety. In most cases, it concerns your driving licence.

What happens in the case of offences committed abroad?

If you commit a traffic offence abroad, the Road Traffic Office may also revoke your driving licence in Switzerland. This is the case if the foreign authority imposes a driving ban on you and notifies the Swiss authorities, and if the offence is classified as a moderate or serious offence under Swiss law.

Next steps

An early assessment makes it possible to meet deadlines and ensure there is room for manoeuvre. A structured review of each individual case is crucial in this regard.

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• E-Mail to verkehrsrecht@streichenberg.ch
• Call us +41 44 208 25 25

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