Blood (alcohol)

1 - WHEN TO APPLY BLOOD?

When the state of apparent intoxication or when screening tests may be inferred the existence of alcohol, or when the driver refuses to undergo the agents of the judicial police must prove the state alcohol using the device to determine the alcohol level in expired air (breath).

Since Law No. 90977 of 31 October 1990, the blood test is done in case of physical impossibility driver to submit to a breathalyzer test (Section L3 of the Highway Code).

2 - CAN WE REFUSE BLOOD?

We can no more deny the blood that tests the test.

The refusal is liable to the same penalty as hitting the driver drunk, that is to say a sentence of two months to two years and a fine of 2 000 to 30 000 Francs or one of these two penalties.

(Articles L1 and L3 of the Highway Code as amended by Act No. 90977 of 9 October 1990).

3 - WHO CAN ORDER breathalyzer OR BLOOD?

The breathalyzer or blood test may be ordered by the officers or agents of the administrative or judicial police when the driver caused an accident or an offense (Section L1 of the Highway Code).

In the absence of crime or accident, the breathalyzer test may be ordered by the police officers. These agents can also perform these checks on order or under the responsibility of police officers.