Führerausweis-Entzugsverfahren nach einer Widerhandlung

Driver's license withdrawal procedure after an offense (SVG Art. 15 i.v.m SVG Art. 16)

When determining the duration of a deportation, the principles of proportionality and equal treatment are to be considered, it takes into account all objective and subjective circumstances of each case. Specifically, the circumstances of the individual case must be taken into account, namely the risk to road safety, the fault, the reputation as a motor vehicle driver and the professional need to drive a motor vehicle. A conviction for negligent simple bodily injury by the criminal authorities does not necessarily lead to a serious offense. The statutory minimum period of withdrawal of the license may not be undercut. The administrative procedure (withdrawal procedure of the Road Traffic Office) and the criminal procedure (criminal procedure of the Princely District Court) are two independent procedures.

To be taken into account:

• the importance of the violated regulation from the point of view of traffic safety
• the seriousness of the offence committed (minor, moderate, serious)
• the nature of the threat to traffic safety (abstract or concrete)
• the traffic reputation as a vehicle driver
• the professional need to drive a motor vehicle

For the case assessment and duration of a driver's license withdrawal after an offense, the following three levels are available:

• mild case - warning
• moderate case - minimum 1 month
• severe case - minimum detention 2 months

Slight case - warning (SVG Art. 15 para 2 sentence 2)

In minor cases, a warning may be issued if no administrative measure has been ordered in the previous two years.

Moderate case - minimum withdrawal 1 month (SVG Art. 15 para 2, SVG Art. 16, para 1 a)

The driver's license or learner's permit is withdrawn after an offense, if traffic rules were violated and thereby endangered road users or harassed others. A moderately serious case is determined according to the circumstances and is based on the severity of the fault as well as the traffic offense. However, the minimum withdrawal period of one month must be observed. A withdrawal in different stages is not possible.

Severe case - minimum withdrawal 2 months (SVG Art. 15 para 3, SVG Art. 16, para 1 b, b^bis, c and d, VZV Art 31)

The driver's license or learner's permit must be revoked if the driver:

• has endangered traffic in a serious manner,
• has driven a motor vehicle while incapable of driving (Art. 29 para. 2 and Art. 51 para. 4),
• after injury or killing of a person has taken flight,
• has stolen a motor vehicle for use,
• is not anxious or capable of driving without endangering or annoying others,
• has used a motor vehicle for the commission of a felony or several times to commit intentional offenses,

The duration of the withdrawal is:

at least two months if the driver has seriously endangered traffic;

at least three months if the driver:

• has driven a motor vehicle while incapable of driving; or
• willfully resisted or evaded a blood test or a preliminary examination regulated by the government (SVG Art. 51), which was ordered or which he had to expect to be ordered, or an additional medical examination, or frustrated the purpose of these measures;

at least six months if:

• the driver has driven a motor vehicle despite the withdrawal of the identity card; or
• the driver's license must be withdrawn because of an offense under SVG Art. 15, Abs 3 Bst. b, which he committed within two years since the expiry of the last withdrawal;

at least one year if the driver within five years since the expiry of a previous withdrawal:

• for driving a motor vehicle while unfit to drive due to the influence of alcohol, narcotics or drugs, has again driven a motor vehicle in such a condition; or
• because of thwarting a measure to determine the inability to drive (Bst. b^bis Ziff. 2) again intentionally thwarts such a measure.

Legal basis

Road Traffic Act (SVG)

Road Traffic Licensing Ordinance (VZV)