Car accident - blood tests

[Elaine]

My nephew had an accident in August this year and had had a couple of pints, he is still waiting for the blood test results to come through, to see if he is convicted of a driving offence, is this normal, they have given him his licence and passport back but they are saying they are busy and its normal, but 2 months, seems an awfully long time.

[AnOther]

Welcome to the forum Elaine, an unfortunate subject for a first post ! 

I don't know how long these things take in France (nor I hope do I ever find out 1st hand) but out of all the european countries, although France doesn't have the lowest blood alcohol limits, it does seem to have about the toughest line on punishment for drink driving.

This site gives some useful information and makes specific mention of France in respect of the above.

http://www.safetravel.co.uk/EuropeDrinkDrivingLimits.html

Whilst any drinking and driving is to be discouraged I would take issue with their statement that 0.5mg = 1 small beer though.

I know from personal experience of being "bagged" at least 3 times over the years after having imbibed 2 pints of Guinness that this is insufficient to put me over the 0.8mg UK limit so although everybody is different and various factors come into play for an average adult male to be over 0.5mg on 1 small beer I would say is highly improbable. A couple of pints is a very different matter however, especially taking into account that most continental beers are around the 4.5% - 5% level whereas, if memory serves, Guinness is only about 3.7%.

Interestingly the SafeTravel site also says:

"If you're banned from driving in one country, that doesn't stop you driving elsewhere in Europe. Attempting to return to that country driving a vehicle, though, will lead to your arrest. However, according to the AA, drink driving convictions abroad do not affect your U.K. licence. They claim that even if your licence is confiscated abroad, the foreign government will simply send it to the DVLA, which will then return it to you without penalty!"

Notwithstanding the moral rights and wrongs of this I suppose it does make sense because whilst a foreign country may have the right to confiscate your licence there currently exists no working mechanism for say France to endorse a UK licence therefore as far as DVLA are concerned your returned licence is unblemished. This is changing though as I believe legislation is in place for cross border penalties but has yet to be implemented.

I wish your nephew bon chance but at the same time I'd be bracing myself for a stiff penalty. I fear that the fact there was an accident will not go in his favour.

[Tony F Dordogne]

Is your nephew resident in France - it appears not?  If he were resident in France, and should he fail the blood test, he would have an automatic three month suspension of his driving licence by the Prefecteur. 

Once the case is disposed of at Court, he will then know the length of his Court imposed ban.  If there is a gap between the three months and the Court case, it may be that the Procureur will ask the Prefecteur to hold his licence even longer, depends on how high the blood test result is.

To get his licence back, he would have to have a blood test to demonstrate a nil blood alcohol level and then attend a medical examination to prove that he doesn't have a drink problem, all at his expense.

It's complex in France and best avoided if possible, bottom line, if you drink, don't drive, if you get caught and you live in a rural area, life will be a nightmare.  And even with a sans permis, the insurance will be loaded if you have a driving ban for a 'normal' car.

And if he's not a French resident, he'll still be summoned etc and if he fails to appear, the case can be disposed of in absentia and he can still be banned from driving here.

As for the AA statement, they most certainly don't always return it to the DVLA - I saw a UK licence cut into pieces last year whilst at the Prefecteur, it may have been returned but in pieces and the G men locally and Prefecteur staff have told me that DVLA are notified if a licence is suspended so they can now keep tabs on the 'banned in France/lost  my licence' scammers - and of course, not telling a UK insurance company you have been banned in another country may be withholding a material fact.

I'll leave the moral argument to others but I know somebody who has done this - banned in France, probably in perpetuity but lied in the UK and got a replacement for his 'lost' licence and he drives while he's back in the UK - for me he's a complete arse.

[Moulin85]

I read an interesting fact recently:

 

17% of all Drink Drive prosecutions take place the morning after!

 

This really got me thinking; how many times after a hard day have we relaxed late in the evening over a barbeque and a couple of bottles of wine, then got up early and driven to the builders merchants!

[AnOther]

This has been known fact for a long time but still hasn't stopped a great many people being caught out by it.

Do the French police routinely bag everybody who's been involved in a road incident as happens in UK I wonder ?

There but for the grace and all that..............[blink]

 

[samdebretagne]

[quote user="ErnieY"]

Do the French police routinely bag everybody who's been involved in a road incident as happens in UK I wonder ?

 

[/quote]

When people have been injured, yes.  I believe they often test for drug usage as well.