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France officially scraps law requiring drivers to keep breathalysers in the car

France has formally published the decree scrapping the obligation for all drivers to keep a breathalyser test in their car.

France officially scraps law requiring drivers to keep breathalysers in the car
Photo: AFP

A decree published in the Journal officiel on May 21st confirms the change made in January and means that there is now no legal obligation for drivers to keep disposable breathalyser tests in their cars.

This finally brings to an end the confusing and contradictory rules around breathalysers which have existed since a new law was passed in 2013.

Drivers were initially told they would need to keep at least one usable disposable breathalyser kit in their car and if they were stopped by police and found not to have one, they would be subject to an €11 fine.

But then the government of former President François Hollande decided to scrap the fines but still keep the actual law in place.

That meant drivers in France would not be punished when stopped by police but simply be “reminded of the law”.

In January 2020 the government's wide-ranging transport bill (Le projet de loi d'orientation des mobilités) was officially adopted and it included – among many other measures – a clause getting rid of the breathalyser obligation.

READ ALSO Speed limits, pollution stickers and car pooling – what changes for drivers in France in 2020?

While the law had been long forgotten about by most French drivers, motorists coming from Britain were still reminded as recently as January of the “legal requirement” to buy the breathalyser kits when they cross the Channel.

Transport operators have made announcements to alert passengers to the need to carry the kits in France and they have been on sale in Channel ports and onboard ferries.

The decree published on May 21st formally scraps the requirement for drivers, but toughens other regulations.

  • From 2011 it has been obligatory for bars and nightclubs to provide customers with breathalysers on request – the fine for non-compliance with this regulation has now been set at €135.
  • The maximum duration that drivers can be required to driver a car with an alcohol test ignition lock has been increased from six months to one year.

French governments over the years have been under pressure to cut the number of deaths on the roads linked to alcohol.

In 2018, 3,259 people died on French roads, although that number is set to rise in 2019. Alcohol is believed to be responsible for around one third of road deaths in France.

Eradicating a culture of drinking alcohol before driving has proved difficult in France. In a 2016 survey a quarter of drivers admitted drinking before getting behind the wheel.

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DRIVING

COMPARE: Which countries in Europe have the strictest drink-drive limits?

Certain countries around Europe have stricter policies than others regarding drinking and driving and harsher punishments for those caught exceeding legal limits. Here's what you need to know.

COMPARE: Which countries in Europe have the strictest drink-drive limits?

European countries set their own driving laws and speed limits and it’s no different when it comes to legal drink-drive limits.

While the safest thing to do of course, is to drink no alcohol at all before driving it is useful to know what the limit is in the country you are driving in whether as a tourist or as someone who frequently crosses European borders by car for work.

While some countries, such as the Czech Republic, have zero tolerance for drinking and driving, in others people are allowed to have a certain amount of alcohol in their blood while driving.

However, not only can the rules be different between countries, they are usually stricter for commercial (or bus) drivers and novice drivers as well. Besides that, the blood alcohol concentration (BAC) is extremely difficult to estimate, so the old “one beer is ok” standards no longer safely apply.

In the end, the only way to be safe is to avoid consuming alcohol before driving. Any amount will slow reflexes while giving you dangerous higher confidence. According to the UK’s National Health Service, there is no ‘safe’ drinking level.

How is blood alcohol level measured?

European countries mostly measure blood alcohol concentration (BAC), which is the amount, in grams, of alcohol in one litre of blood.

After alcohol is consumed, it will be absorbed fast from the stomach and intestine to the bloodstream. There, it is broken down by a liver-produced enzyme.

Each person will absorb alcohol at their own speed, and the enzyme will also work differently in each one.

The BAC will depend on these metabolic particularities as well as body weight, gender, how fast and how much the person drank, their age and whether or not (and how much) they have eaten, and even stress levels at the time.

In other words there are many things that may influence the alcohol concentration.

The only way to effectively measure BAC is by taking a blood test – even a breathalyser test could show different results. Still, this is the measuring unit used by many EU countries when deciding on drinking limits and penalties for drivers.

Here are the latest rules and limits.

Austria, Denmark, France, Germany, Italy, Spain, Switzerland, Greece, Netherlands, Belgium, Portugal, and Croatia

In most EU countries, the limit is just under 0.5g/l for standard drivers (stricter rules could be in place for novice or professional drivers).

This could be exceeded by a man with average weight who consumed one pint of beer (containing 4.2% alcohol) and two glasses of red wine (13% alcohol) while having dinner.

If a person is caught driving with more than 0.8g/l of blood alcohol content in Austria, they can pay fines of up to € 5,900 and to have their license taken for one year in some cases.

In France, if BAC exceeds 0.8g/l, they could end up with a 2-year jail sentence and a € 4,500 fine. In Germany, penalties start at a € 500 fine and a one-month license suspension. In Greece, drunk drivers could face up to years of imprisonment.

In Denmark, first time offenders are likely to have their licences suspended and could be required to go on self-paid alcohol and traffic courses if BAC levels are low. Italy has penalties that vary depending on whether or not the driver has caused an accident and could lead to car apprehension, fines and prison sentences.

In Spain, going over a 1.2g/l limit is a criminal offence that could lead to imprisonment sentences and hefty fines. 

Norway, Sweden, and Poland

In Norway, Sweden, and Poland, the limit for standard drivers is 0.2g/l. It could take a woman with average weight one standard drink, or one can of beer, to reach that level.

Penalties in Norway can start at a one month salary fine and a criminal record. In Poland, fines are expected if you surpass the limit, and you could also have your license revoked and receive a prison sentence.

Czech Republic, Hungary, and Slovakia

The Czech Republic, Hungary, and Slovakia have one of the strictest rules in the European Union. There is no allowed limit of alcohol in the blood for drivers.

In the Czech Republic, fines start at € 100 to € 800, and a driving ban of up to one year can be instituted for those driving with a 0.3 BAC level. However, the harshest penalties come if the BAC level surpasses 1 g/l, fines can be up to € 2,000, and drivers could be banned from driving for 10 years and imprisoned for up to three years.

This is intended to be a general guide and reference. Check the current and specific rules in the country you plan to travel to. The easiest and best way to be safe and protect yourself and others is to refrain from drinking alcohol and driving.

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