Drink-Driving in 2024: Legal Blood Alcohol Limits and Penalties in France

Legal Blood Alcohol Limits for Driving in France: What the Law Says

These thresholds are defined by the French Highway Code (Code de la route), which sets different limits depending on the type of driver and the vehicle used.

1. Blood Alcohol Limits for "Standard" Drivers

• Minor offence (contravention): A blood alcohol level equal to or exceeding 0.5 grams per litre (g/l) or 0.25 milligrams per litre of exhaled air (mg/l). Source: Article R234-1 of the French Highway Code (Code de la route).

• Criminal offence (délit): A blood alcohol level equal to or exceeding 0.8 g/l or 0.4 mg/l of exhaled air. At this stage, the offence becomes a criminal one, subject to much harsher penalties. Source: Article L234-1 of the French Highway Code (Code de la route).

⚠️ Important: Even if you do not feel the effects of alcohol, you may still be committing an offence. Manifest intoxication (balance issues, slurred speech, etc.) is not required for a penalty to be imposed.

2. Blood Alcohol Limits for Novice and Professional Drivers

• Novice drivers (probationary licence holders, i.e., the first 3 years after obtaining a licence, or 2 years in the case of accompanied driving): The limit is reduced to 0.2 g/l of blood or 0.1 mg/l of exhaled air. Source: Article R234-1 of the French Highway Code (Code de la route).

• Drivers of public transport vehicles (buses, coaches): Same limit as novice drivers, i.e., 0.2 g/l of blood or 0.1 mg/l of exhaled air.

• Drivers subject to an alcohol ignition interlock device (EAD): If your licence is restricted to driving vehicles equipped with an EAD (e.g., following a conviction for drink-driving), the limit is also 0.2 g/l of blood or 0.1 mg/l of exhaled air.

3. How is Blood Alcohol Level Measured?

During a roadside check, law enforcement officers use two methods to measure your blood alcohol level:

• Chemical breathalyser (balloon test): This rapid test provides an immediate indication. If the result is positive (exceeding 0.25 mg/l of exhaled air), a second test is conducted.

• Electronic breathalyser: This more precise device measures the alcohol level in exhaled air. This result will be used to establish the offence.

• Blood test: If you refuse to blow or if an electronic breathalyser is unavailable, law enforcement may require a blood test. The blood alcohol level is then analysed in a laboratory.

💡 Good to know: No "trick" can eliminate alcohol more quickly (salty coffee, exercise, etc.). Only time allows your body to metabolise alcohol, at an average rate of 0.15 g/l per hour. Source: Annex 5 of the Order of 23 April 2012 setting out the modalities for the driving licence examination (Arrêté du 23 avril 2012 fixant les modalités de l’examen du permis de conduire).

Penalties for Drink-Driving in 2024

The penalties incurred vary depending on the blood alcohol level and the circumstances (repeat offence, accident, etc.). Below is a summary of the penalties applicable in 2024, classified by the severity of the offence.

1. Penalties for a Minor Offence (blood alcohol level between 0.5 and 0.8 g/l)

• Fixed penalty fine: €135 (reduced to €90 if paid within 15 days, increased to €375 in case of late payment).
• Points deduction: 6 points on your driving licence.
• Licence suspension: Up to 3 years (decided by the prefect or the court).
• Vehicle immobilisation: Possible if you are manifestly intoxicated.

⚠️ Warning: If you hold a probationary licence (6 points), a 6-point deduction will result in licence invalidation. You will need to retake the driving test (theory and practical) after a 6-month waiting period.

2. Penalties for a Criminal Offence (blood alcohol level ≥ 0.8 g/l or manifest intoxication)

• Main penalties:

• Up to 3 years’ imprisonment.

• Up to €9,000 fine.

• 6-point deduction on your driving licence. Source: Article L234-1 of the French Highway Code (Code de la route).

• Additional penalties (imposed by the court):

• Licence suspension or revocation: Up to 10 years (or permanent in case of repeat offence).

• Road safety awareness course (mandatory, at your own expense).

• Vehicle confiscation (if you are the owner).

• Community service (TIG).

• Prohibition on driving certain vehicles (even those not requiring a licence).

• Special case: Repeat offence

• Up to 4 years’ imprisonment.

• Up to €9,000 fine.

• Automatic licence revocation (with a 3-year ban on retaking the test).

3. Penalties for Novice and Professional Drivers

• €135 fine.
• 6-point deduction (which automatically invalidates a probationary licence).
• Licence suspension (up to 3 years).

📌 Real-life example: A novice driver caught with a blood alcohol level of 0.3 g/l will lose all 6 points and will have to retake their driving test. If they are also involved in an accident, the penalties may be increased (civil liability, damages, etc.).

4. Other Consequences of a Positive Test

• Car insurance: Your insurer may increase your premium or terminate your policy. In the event of an accident, they may refuse to cover the damages.

• Employment: Certain jobs (driver, delivery person, etc.) require a clean criminal record. A conviction for drink-driving may therefore result in dismissal or ineligibility for employment.

• Travel abroad: Some countries (such as the United States or Canada) may deny entry to individuals convicted of serious road traffic offences.

What to Do in the Event of a Drink-Driving Check

1. The Check Procedure

1. Vehicle stop: Gendarmes or police officers may signal for you to stop for a roadside check. You must comply.

2. Screening test: You will be asked to blow into a chemical breathalyser (balloon test). If the result is positive, a second test will be conducted using an electronic breathalyser.

3. Blood test: If you refuse to blow or if an electronic breathalyser is unavailable, a blood test may be required. Refusing this test carries the same penalties as a criminal drink-driving offence (up to 2 years’ imprisonment and a €4,500 fine).

2. Your Rights During the Check

• Right to silence: You are not obliged to answer questions from law enforcement about your alcohol consumption.

• Right to a lawyer: If placed in police custody (for a criminal offence), you have the right to consult a lawyer.

• Right to a second test: If the first test is positive, you may request a second test using a different breathalyser.

• Right to challenge: You may contest the results of the check in court. For example, if the breathalyser was not properly calibrated, the evidence may be deemed inadmissible.

⚖️ Case law example: In a ruling dated 14 December 2021 (appeal no. 20-86.969), the Court of Cassation upheld the conviction of a driver whose blood alcohol level was 0.41 mg/l of exhaled air (equivalent to 0.82 g/l of blood). The court accepted this level as evidence of the criminal offence, despite an initial test result of 0.44 mg/l. Source: Ruling of 14 December 2021 (appeal no. 20-86.969).

3. Refusing to Blow: A Bad Idea

• Up to 2 years’ imprisonment.
• Up to €4,500 fine.
• Licence suspension (up to 3 years).
• Vehicle immobilisation.

How to Avoid Drink-Driving

The only way to guarantee your safety and that of others is to not drink at all if you plan to drive. Here are some tips to avoid unpleasant surprises:

1. Plan Your Return

• Designate a sober driver: Take turns with friends so that one of you remains sober.

• Use public transport: Buses, trams, the metro, or taxis are safe alternatives.

• Stay overnight: If you are visiting friends, offer to stay the night.

2. Use a Breathalyser

• Chemical breathalyser: Available in pharmacies or supermarkets, this provides an indication of your blood alcohol level. Note that these tests are not as accurate as an electronic breathalyser.

• Electronic breathalyser: More reliable, it can be used multiple times. Some models connect to a mobile app to track your alcohol level.

Source: Order of 24 August 2011 on alcohol detection devices (Arrêté du 24 août 2011 relatif aux dispositifs de dépistage de l’imprégnation alcoolique).

3. Know Your Limits

• One standard drink (10 g of pure alcohol) corresponds to:

  • A small beer (25 cl at 5°).
  • A glass of wine (10 cl at 12°).
  • A shot of spirits (3 cl at 40°).

• Elimination time: Allow 1 hour per drink to metabolise the alcohol. For example, after 3 drinks, wait 3 hours before driving.

• Aggravating factors: Fatigue, certain medications, or an empty stomach can intensify the effects of alcohol.

Frequently Asked Questions

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No method can eliminate alcohol more quickly. Neither coffee, nor exercise, nor cold showers speed up the process. Only time allows your body to metabolise alcohol, at an average rate of 0.15 g/l per hour.