A positive breath test has immediate consequences. You may not drive for twelve hours, and if the reading is high, the police can withdraw your licence on the spot. This is often followed by a settlement offer (transaction pénale) or a summons (citation) to appear before the police court (tribunal de police).
It is an offence to drive with 0.22 mg/l or more in your exhaled breath (0.5 grams per litre of blood). For professional drivers, the limit is already 0.09 mg/l (0.2 grams per litre).
What are you facing?
- A 12-hour driving ban after every positive test.
- An immediate withdrawal of your licence (retrait immédiat du permis) for 15 days from 0.35 mg/l (0.8 grams per litre), if you refuse the test or if you are drunk.
- A fine and a driving ban (déchéance du droit de conduire) of eight days to five years, and in the most serious cases even for life.
- Reinstatement tests (examens de réintégration): a theory test, a practical test, a medical examination and a psychological examination.
- An alcohol interlock (éthylotest antidémarrage). From 1.8 grams per litre, the judge must in principle order an alcohol interlock, and for repeat offenders always from 1.2 grams per litre.
- Stricter rules for repeat offenders and young drivers. If you are convicted again within three years, you get a driving ban of at least three months. If you have held your category B licence for less than two years, a driving ban is compulsory.
Refusing a breath test is also severely punished.
How we handle your case
A good defence starts with the criminal file (dossier répressif). Our lawyers follow three lines.
- The procedure. Was the check carried out correctly? Were you told about your right to a second breath analysis? Was the device calibrated and is the printout in the file? Was the police report (procès-verbal) drawn up correctly? Not every mistake leads to an acquittal, but a mistake that affects the reliability of the result can make the difference.
- The legal classification. Has drunkenness (ivresse) really been proven, or is it only a case of alcohol intoxication (imprégnation alcoolique)? Were you actually the driver? This determines which penalties are possible.
- The sentence. In many cases, the biggest difference lies in the penalty. A clean record, the professional importance of your licence and documents showing that it was a one-off event, such as a PEth test or hair analysis, all count. In this way, we try to avoid an alcohol interlock, reinstatement tests or a long driving ban.
What you say in a first police interview stays in the file. So it is best to contact us before you are interviewed by the police.