Road Safety Offences: Legal Guide and Criminal Defence 2026
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listIn this article
lightbulbKey Takeaways
- check_circleMargin of error in breathalysers
- check_circleFast-track trial and plea agreement
- check_circleOffence of refusal (Art. 383 CP)
- check_circleDriving with no points
Quick answer
Road safety offences are committed objectively once the legal thresholds are exceeded: driving with more than 0.60 mg/l of alcohol in exhaled air is an offence (Art. 379.2 CP), but breathalysers have legally recognised margins of error which, once applied, can reduce the result to a mere administrative penalty. Refusing the test is a standalone offence of serious disobedience (Art. 383 CP), often carrying a heavier penalty than the positive reading itself, and driving with no points or after a court-ordered licence withdrawal is the offence under Art. 384 CP. Most cases are handled as fast-track trials, where a plea agreement reduces the sentence by one third.
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Road safety offences are the most frequent cause of a criminal record among citizens with no prior criminal history. A routine drink-driving checkpoint or a speed reading captured by a radar can lead to a prison sentence and the withdrawal of the driving licence. As criminal lawyers experienced in road safety offences, we break down the defence strategies that minimise the impact of these offences.
Drink-Driving: the Margin of Error Is Your Defence
The offence of driving under the influence of alcohol (Art. 379.2 CP) is committed objectively when 0.60 mg/l in exhaled air is exceeded. However, breathalysers have legally recognised margins of error. The technical defence consists of checking whether those margins were applied in the police report. If the actual result, once the margin is applied, drops below 0.60, the act ceases to be a criminal offence and becomes an administrative penalty.
The Fast-Track Trial and the Plea Agreement
Most of these offences are handled as fast-track trials. If the driver admits the facts, they benefit from a one-third reduction of the sentence (an 8-month disqualification becomes 5 months and 10 days). But beware: a plea agreement is a final conviction. Before accepting, it is vital that an experienced lawyer reviews the lawfulness of the evidence (calibration of the breathalyser, type-approval of the radar).
Driving With No Points
Driving after losing all your points, or with a licence withdrawn by a court judgment, is a separate offence (Art. 384 CP) that can carry a prison sentence, especially in cases of reoffending. The defence here focuses on the correct administrative notification of the loss of validity.
Refusing to Undergo Testing
Refusing to take the breath-alcohol or drugs test is a serious offence of disobedience (Art. 383 CP), punishable by 6 months to 1 year in prison. Paradoxically, the penalty for refusing is usually higher than that for the positive test itself. The legal advice is clear: never refuse to blow into the device; the defence will come later, in court.
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