Refusing an alcohol test after a collision

Supreme Court · Second Chamber (Penal) · 2016

What the Supreme Court considered and decided

The court upheld the conviction for refusing an alcohol test, considering the police request and the defendant’s knowledge. It set aside an old minor injury offence that had been decriminalised, while preserving civil liability.

What this helps explain

Historical background: it applies the regulation corresponding to facts of 1998, not the current penalties of article 383.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.