Title V: Criminal provisions

The blood taken is divided equally between two samples labelled and sealed by the officer or agent of the judicial police.

The results of the clinical medical examination are recorded on a clinical medical examination sheet known as sheet B, which the doctor gives to the officer or agent of the judicial police.

In the event of death, blood sampling and examination of the body are carried out either under the conditions provided for in article R. 3354-5, the second paragraph of article R. 3354-7, articles R. 3354-8 and R. 3354-9, or by a forensic doctor during a judicial autopsy. The specific methods for collecting and preserving blood applicable in the event of death are laid down by order of the Minister for…

If the checks are carried out following the discovery of a crime or offence referred to in article L. 3354-1, the officer or agent of the judicial police sends : 1° The first blood sample taken, together with four copies of forms A and B, to an expert biologist on the list provided for in Article R. 3354-20 ; 2° The second sample, together with one copy of sheets A…

If the checks are carried out following a traffic accident that occurred under the conditions set out in Article L. 3354-1, the officer or agent of the judicial police shall send : 1° The first blood sample taken, together with four copies of forms A and B, to the laboratory of a health establishment or to an expert biologist on the list provided for in Article R. 3354-20; 2° The…

Blood alcohol tests are carried out using techniques prescribed by order of the Minister for Health.

The public prosecutor, the examining magistrate and the trial court, as well as the person concerned within five days of being notified of the results of the blood test ordered by one of the aforementioned authorities, may request that a control test be carried out. This analysis is entrusted to the second expert biologist mentioned in 2° of articles R. 3354-11 and R. 3354-12. The latter carries out the control…

A medical expert is responsible for giving an opinion to the judicial authorities, where he or she carries out his or her duties, on the alcohol impregnation of persons who have undergone the previous checks. After examining the A, B and C forms, he draws up an expert report for each case, setting out his detailed opinion and conclusions.

The medical expert sends the report, together with the three forms A, B and C, to the competent public prosecutor, in a sealed envelope and under a confidential stamp. He will also send a copy of the expert report, under the same conditions, to the medical inspector for public health in the department where the offence or accident occurred. The person concerned may, on request to the Public Prosecutor, obtain…

The fees and travel allowances of doctors required under the provisions of articles R. 3354-5 and R. 3354-10 are calculated in accordance with articles R. 110, R. 111 and R. 117 of the Code of Criminal Procedure. The costs of the laboratory examinations provided for in articles R. 3354-11 to R. 3354-14 are set in accordance with article R. 118 of the Code of Criminal Procedure. The fees allocated to…