Repeat drink-driving offences are among the most severely punished traffic violations under French law in 2026. With alcohol involved in 23% of fatal accidents according to ONISR, about 750 deaths out of 3,260 recorded in 2025, the government has tightened the system. Mandatory EAD ignition interlock, increased prison sentences, immediate licence suspension: any repeat offence exposes the driver to lasting criminal, administrative and financial consequences.
Legal definition of repeat offence
A repeat offence is established when a driver commits a new drink-driving infraction within 5 years from the first final conviction. The period starts from the date the judgment can no longer be appealed. Article L234-13 of the Road Code specifies the conditions, and 2024-2025 case law from the Court of Cassation confirmed that contravention-level alcohol (between 0.5 and 0.8 g/L of blood) does not count as a first term of recidivism with a later offence.
First term of recidivism
To activate recidivism, the first offence must be a misdemeanour: either alcohol level equal to or above 0.8 g/L of blood (0.4 mg/L of exhaled air), or driving in a state of manifest intoxication. A simple 4th-class contravention does not trigger the mechanism. The B1 criminal record serves as reference for the prosecutor.
Criminal penalties for repeat offence
Repeat offences increase the penalty quantum. Article L234-13 provides up to 4 years in prison and 9,000 euros fine, compared to 2 years and 4,500 euros for a single offence. The criminal court rules, and minimum sentences may apply to multiple repeat offenders. Vehicle confiscation becomes mandatory unless the judge motivates otherwise.
Additional penalties
Beyond prison, the judge orders licence cancellation with a 3-year ban on retaking it, a road safety awareness course at the offender's expense (about 250 euros), and the obligation to fit any driven vehicle with an EAD ignition interlock for 5 years after licence recovery.
EAD interlock: operation and cost
The ignition interlock (EAD) is an electronic device installed on the vehicle preventing start-up if the driver blows above 0.1 mg/L. Installation by an approved professional costs between 1,300 and 1,500 euros for one year of rental, fully borne by the offender. Device checks are monthly, and any fraud attempt (third-party blowing, disconnection) constitutes a new offence.
EAD obligation duration
The prefect or judge sets the duration: minimum 6 months for an administrative measure, up to 5 years for a criminal conviction. During this period, driving a non-equipped vehicle leads to 2 years prison and 4,500 euros fine. Sécurité Routière publishes the list of approved installers on its official website.
Immediate administrative suspension
From the positive check, the prefect orders an immediate 72-hour licence suspension, extended to 6 months in confirmed recidivism cases. This administrative measure is independent from judicial decisions. Licence retention is notified by law enforcement, and the official 138 H or 138 D forms mark the countdown start.
Licence recovery after recidivism
After cancellation, the repeat offender must wait 3 years before retaking the licence. They must provide a favourable medical opinion from the prefectural commission (paid medical exam and psychotechnical test, about 100 and 90 euros), retake the code and driving exams, and accept EAD costs. The licence will be probationary for 3 years with only 6 starting points.
Case law 2024-2025
The Court of Cassation confirmed in March 2025 that refusing the saliva test or alcohol screening is a standalone offence cumulable with recidivism. Several rulings reminded that EAD does not exempt from classic alcohol checks: a driver respecting EAD but flashed positive during a check remains liable for full recidivism. To recover lost points, consulting Mes Points Permis remains the official procedure.
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