In short. A drink-driving or speeding charge in Geneva triggers two proceedings, a criminal case and a licence case before the Cantonal Vehicle Office. The licence authority is in principle bound by the facts found in the criminal case, so a great deal turns on the ten days you have to object to the penalty order. Drink-driving is a serious offence from 0.8 per mille in the blood, speeding from 25 km/h over the limit in town, 30 km/h outside built-up areas and 35 km/h on the motorway. A serious offence means losing your licence for at least three months, and that minimum can in principle not be reduced.
March 2021, in central Geneva. A driver is stopped by the police for looking at his phone and nearly hitting a scooter. The Contraventions Service fines him CHF 660. He objects, then withdraws his objection. Nearly two years later, the Cantonal Vehicle Office suspends his licence for a month. He disputes the facts before the administrative court, the Court of Justice and the Federal Supreme Court. To no avail, he was bound by the facts of the penalty order (Federal Supreme Court, 1C_599/2024, 29 October 2024).
Traffic offences weigh heavily in Swiss criminal records. In 2025, more than half of the 111,962 adult convictions entered in the Swiss criminal record, 57,150 in all, involved a felony or misdemeanour under the Road Traffic Act, according to the Federal Statistical Office.
Two proceedings for one incident
The criminal case decides the penalty, a fine, a monetary penalty or a custodial sentence. In Geneva, minor offences (contraventions) are prosecuted and judged by the Contraventions Service, which has the powers of a prosecutor (art. 357 para. 1 CrimPC). More serious offences, such as gross traffic violations or driving with a qualified blood alcohol level, go to the Public Prosecutor.
The licence case is handled by the Cantonal Vehicle Office (OCV). A traffic offence not dealt with by a fixed-penalty notice leads in principle to a warning or a licence withdrawal (art. 16 para. 2 Road Traffic Act, RTA), unless it is particularly minor (art. 16a para. 4 RTA). The OCV invites the driver to comment and usually waits for the criminal judgment before deciding. Its decision can be appealed to the Administrative Court of First Instance within 30 days (art. 62 para. 1 let. a of the Geneva Administrative Procedure Act), then to the Court of Justice and the Federal Supreme Court.
What is the drink-driving limit in Switzerland, and what happens if you exceed it?
A driver is legally drunk from 0.5 per mille in the blood or 0.25 mg per litre of exhaled air. The level is “qualified” from 0.8 per mille or 0.4 mg per litre (art. 1 and 2 of the Federal Assembly Ordinance on blood alcohol limits, SR 741.13).
Driving while drunk is punishable by a fine (art. 91 para. 1 let. a RTA). With a qualified level, the penalty is a custodial sentence of up to three years or a monetary penalty (para. 2 let. a). For the licence, a qualified level is a serious offence, with a withdrawal of at least three months (art. 16c para. 1 let. b and para. 2 let. a RTA). Below that level, drink-driving combined with a minor traffic offence means at least one month (art. 16b para. 1 let. b and para. 2 let. a RTA). Without any other offence, drink-driving below the qualified level is a minor offence, leading to a warning, or to at least one month if a measure was imposed in the previous two years (art. 16a RTA). Refusing or evading a breath or blood test is treated as a serious offence (art. 16c para. 1 let. d RTA). Probationary licence holders, learner drivers and certain professional drivers are also subject to a ban on driving under the influence of alcohol (art. 31 para. 2bis RTA).
How fast is too fast? The speeding thresholds
The Federal Supreme Court has set thresholds that apply, in principle, objectively, whatever the circumstances. It confirmed them under the law in force since 2005 (BGE 132 II 234).
- In town (50 km/h). 21 to 24 km/h over is a medium offence (BGE 126 II 196), 25 km/h and above a serious one (BGE 123 II 37). 50 km/h over is “particularly serious” speeding (art. 90 para. 4 let. b RTA).
- Outside built-up areas (80 km/h). 26 to 29 km/h over is at least a medium offence, 30 km/h and above a serious one (BGE 124 II 259). Particularly serious from 60 km/h over (let. c).
- Motorway (120 km/h). 31 to 34 km/h over normally leads to withdrawal, 35 km/h and above is serious in all cases (BGE 123 II 106). Particularly serious from 80 km/h over (let. d).
- 30 km/h zones. Particularly serious from 40 km/h over (let. a).
The speed used is the one left after the safety margin. For radar, 5 km/h is deducted up to 100 km/h measured, 6 km/h from 101 to 150 km/h and 7 km/h above. For laser devices, 3, 4 and 5 km/h (art. 8 para. 1 of the FEDRO Ordinance, SR 741.013.1).
What are the criminal penalties?
A simple traffic offence carries a fine (art. 90 para. 1 RTA). A gross violation creating a serious risk to others carries up to three years’ custody or a monetary penalty (para. 2). Particularly serious speeding, reckless overtaking or illegal racing carry one to four years (para. 3), the so-called “reckless driver” offence. Since 1 October 2023, the one-year minimum can be reduced where there are mitigating circumstances, and a monetary penalty is possible for drivers without a serious traffic conviction in the previous ten years (para. 3bis and 3ter).
The “reckless driver” offence is not entirely automatic. Reaching a threshold in principle establishes intent, but there is no irrebuttable presumption, and the court retains a limited margin to exclude it in particular circumstances (BGE 142 IV 137). It also carries a licence withdrawal of at least two years, reducible by up to twelve months if the sentence is under one year (art. 16c para. 2 let. abis RTA).
How long will I lose my licence?
At least one month for a medium offence (art. 16b para. 2 let. a RTA), three months for a serious one (art. 16c para. 2 let. a RTA), two years for particularly serious speeding. Previous withdrawals push the minimum up, to six or twelve months for a serious offence depending on what happened in the previous five years (art. 16c para. 2 let. b and c RTA). Above the minimum, the authority considers the risk caused, the fault, the driving record and the professional need to drive. The minimum itself can in principle not be reduced (art. 16 para. 3 RTA, BGE 132 II 234).
Why the ten-day deadline matters so much
The licence authority is in principle bound by the facts of a final criminal judgment, including a penalty order based only on the police report, where the driver knew or should have known that a licence case would follow. The driver must then raise his arguments in the criminal case and cannot keep them for the administrative case (Federal Supreme Court, 1C_599/2024, consid. 3.1, confirmed in 1C_597/2025 of 18 March 2026).
An objection to a penalty order must be filed in writing within ten days (art. 354 para. 1 CrimPC). The accused does not have to give reasons (para. 2). A registered letter that is not collected is deemed served seven days after the first delivery attempt, if you had to expect it (art. 85 para. 4 let. a CrimPC). Without an objection, the order becomes a final judgment (art. 354 para. 3 CrimPC). Depending on the case, the measurement, the applicable limit, the identity of the driver or the legal classification can be challenged.
If you live outside Switzerland
Parties living abroad must give an address for service in Switzerland in the criminal case (art. 87 para. 2 CrimPC). Once you have a lawyer, documents are validly served on them (para. 3), so that the decision reaches someone in Switzerland able to act within the ten days. For a foreign licence, the Swiss authority does not withdraw it but bans its use in Switzerland, and the ban is reported to the issuing authority abroad (art. 45 para. 1 of the Ordinance on Admission to Road Traffic).
Key deadlines
- 7 days. An uncollected registered letter is deemed served, if you had to expect it (art. 85 para. 4 let. a CrimPC).
- 10 days. Written objection to the penalty order (art. 354 para. 1 CrimPC).
- 30 days. Appeal against the OCV’s licence decision (art. 62 para. 1 let. a Geneva Administrative Procedure Act).
- 2, 5 and 10 years. Look-back periods that increase the minimum withdrawal (art. 16b para. 2 and 16c para. 2 RTA).
Frequently asked questions
What is the drink-driving limit in Geneva?
0.5 per mille in the blood or 0.25 mg per litre of exhaled air, as everywhere in Switzerland, with a ban on any alcohol for probationary licence holders and certain professional drivers. From 0.8 per mille or 0.4 mg per litre, the offence is serious, the licence is withdrawn for at least three months and the criminal penalty can reach three years’ custody or a monetary penalty (art. 91 and 16c RTA).
Do I need a DUI lawyer in Geneva?
Not always, but the ten-day objection period is often the only chance to defend your licence, because the Vehicle Office relies on the facts of the criminal decision. A lawyer checks the measurement, the classification and what must be raised before the deadline expires.
How much over the speed limit before you lose your licence in Switzerland?
Withdrawal is the rule from 21 km/h over in town, 26 km/h outside built-up areas and 31 km/h on the motorway, after the safety margin. From 25, 30 and 35 km/h over, the offence is serious and the minimum withdrawal is three months.
Can my need to drive for work reduce the suspension?
Only above the legal minimum. The professional need to drive is one of the factors considered, but the minimum period can in principle not be reduced (art. 16 para. 3 RTA).
I received a penalty order in French. What should I do?
Note the date of service and file a written objection within ten days if you dispute the facts or their classification. No reasons are required from the accused. If you live abroad, appoint an address for service in Switzerland (art. 87 para. 2 CrimPC).
Legal basis and case law
Road Traffic Act (RTA): art. 16, 16a, 16b, 16c, 31, 90 and 91. Ordinance on Admission to Road Traffic: art. 45. Ordinance on blood alcohol limits (SR 741.13): art. 1 and 2. FEDRO Ordinance (SR 741.013.1): art. 8. CrimPC: art. 85, 87, 354 and 357. Geneva Administrative Procedure Act: art. 62.
Case law: BGE 123 II 37, BGE 123 II 106, BGE 124 II 259, BGE 126 II 196, BGE 132 II 234, BGE 139 II 95, BGE 142 IV 137, Federal Supreme Court 1C_599/2024 of 29 October 2024 and 1C_597/2025 of 18 March 2026.
Sources: Federal Statistical Office, press release of 11 May 2026 (convictions 2025). Federal Supreme Court, judgment 1C_599/2024.
About this type of case
See our page criminal defence lawyer in Geneva and our article Swiss penalty order, ten days to object.
A first meeting, with the penalty order and the Vehicle Office’s letter in hand, lets us check the measurement, the classification and what must be raised within the ten days. Matthias Traussnig spent three years at the Geneva Public Prosecutor’s Office. To discuss your case: +41 22 512 76 00 or use the contact form.