Chapter IV: Precautionary measures.

When a crime, misdemeanour or traffic accident is detected, the officers or agents of the criminal investigation department must carry out the checks provided for in article L. 234-1 of the Highway Code andarticle L. 4274-14 of the Transport Code on the person of the alleged perpetrator in order to establish proof of the presence of alcohol in his body when it appears that the crime, misdemeanour or accident was…

Refusal to undergo the checks prescribed by article L. 3354-1 is punishable by one year’s imprisonment and a fine of €3,750.

Where the act that gave rise to the criminal prosecution can be attributed to an alcoholic state, the criminal court hearing the prosecution may temporarily prohibit the convicted individual from holding a public service job or a job under a concession where safety is directly at stake, as well as from obtaining or holding a hunting licence. In the event of a repeat offence, the ban may be made permanent.

Failure to comply with the prohibitions set out in article L. 3354-3 is punishable in the event of a repeat offence by one year’s imprisonment and a fine of €3,750.

A decree of the Conseil d’Etat shall determine the measures that must be taken to facilitate the performance of the examinations provided for in article L. 3354-1 with a view to establishing a diagnosis of alcoholism.