Drinking and driving
Verified 08 décembre 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You have a probationary license
You have a probationary driving license when you get the permit :
- for 1re time,
- or after a invalidation or a judicial annulment.
If you have a probationary permit, it is forbidden of drive with a alcohol content in the blood not less than 0,2 g/l blood.
It comes down to 0.10 mg alcohol per liter of breath.
FYI
If you have consumed alcohol, you can measure your blood alcohol concentration with a breathalyzer before driving. Visit the Road Safety website which provides tips to avoid taking risksAlcohol and driving.
The law enforcement carry out a checking blood alcohol concentration in a manner that obligatory, optional or preventative.
The checking may be preceded by a screening blood alcohol concentration.
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Verification required
Verification blood alcohol concentration is required if you are in one of the following situations:
- You are in drunkenness
- You refuse the blood alcohol screening
- Your state of healthcertified by a doctor, does not allow you of endure one screening with alcohol test
- You are involved in a traffic accident having caused a personal injury
- You are the alleged perpetrator of a infringement to the highway code punishment of the additional penalty of suspension of driving license
Optional Verification
Verification blood alcohol concentration is optional if you are in one of the following situations:
- You are involved in a traffic accident which has only caused material damage
- You are the alleged perpetrator of a infringement to the highway code which is not punished by additional penalty of suspension of driving license
Preventive check
L'blood alcohol concentration may be verified randomly, without any offense or accident.
One judicial police officer (OPJ) or a judicial police officer (APJ) shall be authorized to carry out the tests and checks blood alcohol concentration.
One deputy judicial police officer, on the order and under the responsibility of a judicial police officer, shall be authorized to carry out the alcohol tests.
Screening
The law enforcement you provide one breathalyzer.
The breath test used only for track down one blood alcohol level.
If the screening is positive, law enforcement have checked your precise blood alcohol level.
Verification
The checking of the alcohol content is done with a breathalyzer or by blood tests and medical examinations.
The result you are notified.
Law enforcement must ask you if you wish one 2nd control.
In case of positive response, this control is made immediately and the result you are news release.
The driver does not choose the mode of alcohol screening.
Blood samples shall be taken only if it is proved impossible to use a breathalyzer.
Law enforcement retain your permit to drive on a precautionary basis if you are in any of the following cases:
- Blood alcohol screening and your behavior suggest that your alcohol level is equal to or greater than 0.8 g/l of blood
- Verification with a breathalyzer has determined that your alcohol level is 0.8 g/l or more of blood
- You drive in overt drunkenness
- You're refusing blood alcohol screening and testing
For the duration of retention, your vehicle may be immobilized.
Levels between 0.2 and 0.8 g/l
Drive with a alcohol content in the blood equal to or greater than 0,2 g/l and less than 0,8 g/l is a contravention.
You are sanctioned by a fine up to €750.
In general, it is a flat-rate fine of €135.
Your vehicle may be immobilized.
6 points are withdrawn of the driving license.
You may also additional penalties following:
- Suspension of driving license during Maximum 3 years
The suspension may be limited to driving outside the professional activity. - Obligation of driving with an alcohol test (EAD) during Maximum 3 years.
Level of 0.8 g/l or more
Drive with a alcohol level of 0,8 g/l or more of blood is one offense.
It comes down to 0.40 mg alcohol per liter of breath.
You are sanctioned by a fine up to €4,500 and by a sentence of 2 years in prison maximum.
Your vehicle may be immobilized and impounded with the authorization of the prefect or public prosecutor.
6 points are withdrawn of the driving license.
You may also additional penalties following:
- Suspension of the permit for a period of Maximum 3 years (without possible accommodation outside the professional activity)
- Cancelation of the permit and prohibition of ask one new permit during Maximum 3 years
- Sentence of work of general interest
- Sentence of fine days
- Prohibition of drive certain vehicles, including vehicles without a license, for a period of Maximum 5 years
- Obligation to perform, at your expense, a road safety awareness course
- Obligation to driving with an alcohol test (EAD) during Maximum 5 years
- Confiscation of your vehicle
FYI
You risk the same penalties in case of driving in overt drunkenness.
Clerk in recurrence, on offense of driving in overt drunkenness or with a alcohol level of 0.8 g/l or more of blood is sanctioned by cancelation of the driving license.
If you obtain a new license less than 3 years after the cancelation, you have the obligation to driving with an alcohol test (EAD) during Maximum 3 years.
You may also additional penalties following:
- Confiscation required of your vehicle, unless the court has given a reasoned decision
- Immobilization of your vehicle during Maximum 1 year
In case accident, the driving in overt drunkenness or with a alcohol level of 0.8 g/l or more of blood is a aggravating circumstance.
When there is 2 or more aggravating circumstances (for example, drug use + alcohol), you may:
- Up to 7 years in prison and €100,000 fine if you are responsible for a bodily injury.
- Up to 10 years in prison and €150,000 fine if you are responsible for a fatal accident.
Decline of submit to the checks of the alcohol content is is one offense.
You are sanctioned by a fine up to €4,500 and by a sentence of 2 years in prison maximum.
6 points are withdrawn of the driving license.
You may also additional penalties following:
- Suspension of the permit for a period of Maximum 3 years (without possible accommodation outside the professional activity)
- Cancelation of the permit and prohibition of ask one new permit during Maximum 3 years
- Sentence of work of general interest
- Sentence of fine days
- Prohibition of drive certain vehicles, including vehicles without a license, for a period of Maximum 5 years
- Obligation to perform, at your expense, a road safety awareness course
- Confiscation of your vehicle
- Obligation to driving with an alcohol test (EAD) during Maximum 5 years
Clerk in recurrence, the refusal to submit to the checks blood alcohol concentration is sanctioned by cancelation of the driving license.
If you get one new license less than 3 years after cancelation, you have the obligation of driving with an alcohol test (EAD) during Maximum 3 years.
You may also additional penalties following:
- Confiscation required of your vehicle, unless the court has given a reasoned decision
- Immobilization of your vehicle during Maximum 1 year
In case alcohol-induced accident, your insurance company will apply sanctions (increase in contributions, termination of contract...).
Prohibition of issue, detention, suspension and cancelation
Driving under the influence of alcohol
Administrative detention and suspension after a finding of an infringement
Documents to be submitted in the event of a roadside check
Alcohol content of 0,20 g or more per liter
Correctional Sentences
FAQ
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