The court came to its decision after consulting an expert on a number of questions, including one on the reliability of hair tests. Here, questions surrounded whether such a test could reveal if someone was under the influence of alcohol or whether external factors influenced the result.
Thanks to the expert analysis, the administrative court decided to dismiss the man's appeal against the first judgement as inadmissable. The judge ruled that the administrative tribunal's ruling from April 2018 remains unchanged.
The expert, a Swiss doctor, revealed that some studies highlighted a risk of contamination of degradation of etG, Ethylglucuronid (which reveals the presence of ethanol in the blood) in hair due to cosmetic products or shampoos. However, the man had not stated which products he'd used and when, making it difficult for a laboratory to determine whether any interference to the hair test had occurred. The court ruled there was insufficient evidence to challenge the initial ruling, leaving the minister in the right in having seized the license.
The man was also charged with paying for the appeal fees and half of the expert testimony fees, with the state covering the remaining half.
