Drunk on the bike – driver’s license gone?

I drive a lot for work and therefore rely on my driver’s license. My local pub is a little more than a kilometer from my home, so I usually ride my bike. Now I’ve heard from friends that the same alcohol limits apply on a bike as when driving a car. Could I lose my driver’s license because of being drunk on the bike? And can the police simply order an alcohol test for cyclists?

In general: Anyone who is not able to drive due to the influence of alcohol, narcotics or drugs or for other reasons is not allowed to drive a vehicle (Art. 31, Paragraph 2 of the Road Traffic Act [SVG]). This applies to cyclists as well as to drivers.

The Road Traffic Act does not differentiate between cars and bicycles with regard to the possibility of alcohol control. All vehicle drivers, including cyclists, can be subjected to a breath alcohol test (Art. 55 Para. 1 SVG). The police can order a breath alcohol test even if you are out on your bike without any special requirements. Admittedly, in practice cyclists are checked far less often. However, this should not be a reason to sit carelessly on the saddle for the drive home after a boozy evening.

As you have already heard from your friends, cyclists are also considered incapable of driving with a blood alcohol concentration of 0.5 percent by weight or a breath alcohol concentration of 0.25 mg alcohol per liter of breath (Art. 1 lit. a BAGV). Anyone caught during a control must expect a fine (Art. 91 Para. 1 lit. c SVG). In practice, this is usually in the range of 200 francs in minor cases. In contrast to motor vehicles, there is no money in a qualified case of drunkenness, ie from a blood alcohol concentration of 0.8 per mille (or a breath alcohol concentration of 0.4 mg alcohol or more per liter of breath) (Art. 2 lit. a BAGV) – or imprisonment possible (cf. Art. 91 para. 2 lit. a SVG).

In the case of a particularly high breath alcohol or blood alcohol concentration, however, it may well be that there is a suspicion that motor vehicles are unsuitable to drive and that a medical examination of suitability to drive is therefore ordered. The corresponding fixed standard value of 1.6 per mille (or 0.8 mg alcohol or more per liter of breath) only applies to drivers of motor vehicles (Art. 15d Para. 1 lit. a SVG), but this could be analogous depending on the legal arguments can also be applied to cyclists. Due to the lower risk potential, however, the opinion is that such a test should only be carried out from a value of 2.5 per mille (or 1.25 mg alcohol or more per liter of breath).

If the traffic medical expert comes to the conclusion that the offending cyclist suffers from alcohol addiction or could become ill due to his consumer behavior, the driver’s license can be withdrawn for an indefinite period (Art. 16d para. 1 lit. b SVG). It should be noted, however, that such a fitness test or withdrawal of the driver’s license for an indefinite period of time in the case of drunk cycling is not ordered lightly. This is especially true if the person concerned demonstrates in the proceedings that he either strictly walks or uses his bicycle and does not drive a car after having consumed excessive alcohol.

On the other hand, the authorities of the canton of residence can easily ban bicycles from 0.5 per mille (or 0.25 mg alcohol or more per liter of breath), whereby a warning is usually issued beforehand (Art. 19 Para. 3 SVG). Violations of the driving ban will be punished with a fine (Art. 95 Para. 4 lit. a SVG).

It should also be noted that the insurance companies can reduce the benefits or take recourse against the guilty cyclist if he or she causes an accident while drunk. The limit is usually a blood alcohol concentration of 0.8 per mille (or 0.4 mg alcohol or more per liter of breath). In addition, for the sake of your own well-being and general road safety, it is advisable to refrain from cycling after consuming alcohol.

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