Key legal question
Whether the investigation costs could be imposed on X. after the criminal case was discontinued.
Extracted holding
No. Cost shifting after discontinuance is constitutionally permissible only if the accused clearly violated a conduct norm in a civilly blameworthy way and thereby caused the proceedings; driving with the measured blood alcohol level was not prohibited by any applicable rule.
Extracted reasoning
The Federal Court held that no rule in Swiss law prohibited the mere act of driving with 0.65 to 0.75 weight per mille alcohol concentration, absent a specific dangerous driving manoeuvre or demonstrated impairment of traffic safety. Imposing costs in such circumstances would violate Art. 4 BV.