Drunk Driving: How Do the Margins of Error Apply?

The road regulations provide for margins of error in the event of a breathalyzer test.

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In blood alcohol driving procedures, the maximum applicable errors are:

-0.032 mg / l for alcohol concentrations in the air below 0.400 mg / l;

-8% of the measured value for concentrations equal to or greater than 0.400 mg / l and less than or equal to 2,000 mg / l;

-30% of the measured value for concentrations above 2,000 mg / l. (…) "

For users subject to the rate of 0.10 mg / l (probationary), the infringement will be noted from 0.13 mg / l.

In matters of contravention, the infraction is established from 0.28 mg / l (legal rate of 0.25 mg / l) and in tort, the infraction is established only from 0.43 mg / l (the rate being 0.40 mg / l) L).

In a judgment of December 14, 2021, the Court of Cassation specifies, on the one hand, that the person who is the subject of a blood alcohol test is entitled to request a second test in application of article R. 234-4 of the highway code, and, on the other hand, that only the rate which is the most favorable to it must be retained and have the margin of error applied.

Otherwise, the procedure is not regular.