TCS Guide: Does my drunk passenger have to sit in the back seat?

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I don’t drink alcohol, so I often take my colleagues home after they go out. Now I’ve heard that drunk people are not allowed to sit in the passenger seat because they might grab the steering wheel or pull the handbrake. Is this true?
Niklas Anliker, Bern

Especially now, during the carnival season, it is of course a very hot and very sensitive issue. Basically the following applies:

Carrying drunk people in the passenger seat is not prohibited by law. However, the driver must avoid any situation that will distract his attention. If the drunk passenger is upset, it is recommended that he sit in the back (so that the steering wheel is out of reach). Make sure it is strapped in (restricted movements).

In the event of an accident or violation, the passenger, alone or together with the driver, is liable under civil and criminal law if he intervenes with the driver (holding the steering wheel or pulling the handbrake).

Within the scope of Via Secura, the following provisions have been valid since 2015: In case of damage caused while drunk, incapable of driving or due to excessive speed violation, motor vehicle liability insurance must have recourse to the person who caused the accident. The scope of recourse depends on the person’s fault and economic power.

So it’s not illegal for drunk people to sit in the passenger seat, but the back is a better place for them.

Source: Blick