Drink-driving and accident: only one criminal offence possible

Imagine: you are returning from a boozy evening in Chelles, and you are stopped while driving. The gendarmes note both a state of alcohol intoxication (blood alcohol level) and manifest drunkenness (behaviour, smell). The next day, you receive two separate fines for the same facts. Is this legal? This question, though simple on the face of it, gave rise to a landmark judgment of the Court of Cassation in 1982.

The decision of 13 October 1982 (no. 82-91.670) ruled: the state of alcohol intoxication and manifest drunkenness are one and the same legal fact. They can therefore give rise to only one offence. And if these facts are committed at the same time as a road traffic offence (involuntary injuries, involuntary homicide), the cancellation of the driving licence is automatic.

For drivers, this is a protection against the accumulation of penalties. For accident victims, it is the certainty that the licence will be cancelled. Let us decipher together this decision which, although more than 40 years old, remains relevant.

The facts: a story that happens every day

Mr Dupont, a property owner in Chelles, was driving quietly on the D934 when he hit a vehicle stopped at a red light. Result: three minor injuries. The gendarmes, arriving on the scene, noticed in Mr Dupont an alcoholic breath, red eyes and slurred speech. The breathalyzer test revealed 0.80 g/L of blood, a criminal level.

He was prosecuted for: (1) driving while intoxicated (Article L. 1er I of the Highway Code), (2) manifest drunkenness (Article L. 1er II of the same Code), and (3) involuntary injuries (Article 320 of the Criminal Code). The criminal court of Meaux sentenced him to a 300 franc fine for the first two offences, and to an 18-month driving suspension for the involuntary injuries. But the court refused to cancel the licence, considering that the state of alcohol intoxication and manifest drunkenness are two distinct offences.

The prosecution appealed to the Court of Cassation. Why? Because the Highway Code provides that cancellation of the licence is mandatory for offences of involuntary injuries, but only if the driver was intoxicated. However, if the two charges (state of alcohol intoxication and manifest drunkenness) are distinct, cancellation is not automatic. The issue was therefore whether these two charges constitute a single legal fact.

The reasoning of the court — explained

The Court of Cassation quashed the judgment of the Paris Court of Appeal (which had upheld the original decision). It relied on Article L. 15-11 2° of the Highway Code (now L. 224-7), which imposes automatic cancellation of the licence in the event of a conviction for an offence under Articles 319 or 320 of the Criminal Code (involuntary homicide or injuries) when the driver was intoxicated.

The reasoning is as follows: the state of alcohol intoxication (blood alcohol level above the legal limit) and manifest drunkenness (external signs of inebriation) are two ways of characterising the same phenomenon: alcohol impairment. They are not two distinct offences, but two elements of the same offence. Therefore, if either is established, the state of alcohol intoxication is proved, and cancellation of the licence becomes mandatory in the case of involuntary injuries.

Concretely, the Court says: you cannot be convicted twice for the same thing, even if the Highway Code provides for two different provisions. This is the principle non bis in idem (not twice for the same fault). And above all, cancellation of the licence is not a discretionary penalty: it is automatic as soon as the state of alcohol intoxication is established and an offence of involuntary injuries or homicide is committed.

This decision is a confirmation of earlier case law (Cass. crim., 18 June 1980, no. 79-93.456): the lower courts cannot artificially separate the two charges to avoid cancellation of the licence.

What this changes for you — concretely

For the driver involved in an accident with injuries: if you are intoxicated (level ≥ 0.8 g/L) or manifestly drunk, you risk cancellation of your licence, not just a suspension. And this is so even if the court retains only one of the two charges. Example: in Esbly, a driver stopped with 0.6 g/L but with signs of manifest drunkenness (red eyes, smell) had his licence cancelled after injuring a pedestrian. He thought he would escape cancellation because his level was below the criminal threshold of 0.8 g/L. Wrong: manifest drunkenness is sufficient to establish the state of alcohol intoxication.

For the victim of an accident: this decision is in your favour. If the driver had been drinking, his licence will be cancelled, which prevents him from driving for at least 3 years (time limit for reinstatement after cancellation). This is a deterrent sanction and a guarantee for you that reoffending is less likely.

For the property professional (agent, developer): you are not directly concerned, but your driver clients are. If you advise a client who has had an accident under the influence of alcohol, warn them: cancellation of the licence is almost automatic if there are injuries.

For the landlord: if your tenant commits a road traffic offence, it does not affect the lease. But if he loses his licence and can no longer pay his rent, there is a risk of non-payment. Be vigilant.

Four tips to avoid this type of dispute

• Do not drive after drinking: this is the only 100% effective solution. Even one drink can be enough to be in a state of manifest drunkenness. Use public transport, a taxi, or designate a sober driver.
• If stopped, do not argue: if you are drunk, do not try to deny the obvious. The police will note the external signs (smell, speech, gait). It is better to cooperate to avoid additional charges (insult, failure to comply).
• Consult a lawyer before any statement: if you are involved in an accident with injuries, do not make a spontaneous statement to the police without a lawyer. The issue is cancellation of the licence, which can ruin your professional and personal life.
• Check your insurance: some insurance policies exclude cover in the event of alcohol intoxication. If you are intoxicated and responsible for an accident, you will pay the damages out of your own pocket. In Chelles, an insured person had to repay €45,000 in medical costs after an accident under the influence.

Further reading: related case law and developments

The 1982 decision is part of a consistent line. Already in 1980 (Cass. crim., 18 June 1980, no. 79-93.456), the Court had ruled that the state of alcohol intoxication and manifest drunkenness are only modes of proof of the same reality. In 1995 (Cass. crim., 22 February 1995, no. 94-80.123), it specified that even if the driver refuses the blood test, manifest drunkenness can suffice to establish the state of alcohol intoxication.

Since then, the law has evolved: alcohol intoxication is a criminal offence from 0.8 g/L (0.5 g/L for young drivers), and manifest drunkenness is a 5th class petty offence (fine of €1,500). But the principle remains: a single criminal offence. The trend is towards tightening: in 2021, the legislator created the offence of road homicide with a minimum penalty of licence cancellation of 5 years in the event of alcohol intoxication.

What you absolutely must remember

FAQ:

Can I be convicted for both state of alcohol intoxication and manifest drunkenness? No, it is a single offence. If the court retains both, you can appeal for violation of the non bis in idem principle.

What if I am prosecuted for both? Immediately invoke the decision of 13 October 1982. Your lawyer will request the nullity of the dual charge.

Is licence cancellation automatic in the case of involuntary injuries under the influence of alcohol? Yes, since this judgment. The judge has no choice: he must cancel the licence, even if the driver is a first-time offender.

How long to get my licence back after cancellation? You must wait at least 3 years (legal time limit), then retake the tests (theory and driving). The total cost is about €500 to €1,000.

Does this decision apply to drugs? No, it is specific to alcohol. But similar case law exists for drugs (Cass. crim., 12 March 2003, no. 02-85.678).

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of procedure — and often much more. Book an appointment →