Chapter IV: Precautionary measures

The medical, clinical and biological checks provided for in article L. 3354-1 and article L. 234-5 of the Highway Code are carried out under the conditions provided for in this chapter, without prejudice to the application of article 3 of law no. 70-597 of 9 July 1970 instituting a legal blood alcohol level and generalising breath testing. When checks are carried out using a device enabling the alcohol level to…

Checks are carried out on the person of the alleged perpetrator(s) of the offence or accident and, if useful, on the victim(s). If such checks are not carried out automatically, they may be carried out at the request of the alleged perpetrator(s) or victim(s), on their own person.

Checks include the following operations: 1° Clinical medical examination with blood test ; 2° Blood analysis ; 3° Medical interpretation of the results. They are preceded by the behavioural examination provided for in article R. 3354-4.

The officer or agent of the judicial police called upon to establish the traffic offence or accident shall immediately carry out a behavioural examination on the persons mentioned in article R. 3354-2, the result of which shall be recorded on a behavioural examination form known as form A, a copy of which shall be kept by the officer or agent. In the event of death or serious injury that prevents…

The clinical medical examination and blood test are carried out by a doctor or, failing this, by an intern or medical student authorised to practise medicine as a substitute, under the conditions set out in article L. 4131-2, and requested for this purpose by the criminal investigation officer or agent.

The clinical medical examination and blood test shall be carried out as soon as possible after the offence or accident. Except in the case provided for in article R. 3354-10, this period shall not exceed six hours. If it is not possible to carry out the medical examination or blood test in good time, this fact shall be noted in the official report.

The doctor takes the blood sample in accordance with the methods prescribed by order of the Minister of Health, using a sampling kit issued by the officer or agent of the judicial police who is present when the blood sample is taken.

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…