What are the penalties incurred if you test positive for drugs?

Penalties incurred

ATTENTION!

New regulations on driving under the influence of drugs in Belgium.

Link to the article

In France

Driving or accompanying a learner driver after using narcotics is very severely punished by the Highway Code. Any criminal sanction for this offence also results in an automatic loss of 6 points on the driving licence (which means, for holders of a probationary licence for less than a year, an administrative invalidation and the loss of the right to drive).

What are the penalties?

  • up to 2 years imprisonment and a fine of 4,500 euros
  • up to 3 years imprisonment and a fine of 9,000 euros if the driver has also consumed alcohol
  • up to 5 years imprisonment and a fine of 75,000 euros in the event of bodily injury
  • up to 7 years imprisonment and a fine of 100,000 euros in the event of a second aggravating circumstance (drugs and alcohol or hit and run for example)
  • up to 7 years imprisonment and a fine of 100,000 euros in the event of a fatal accident
  • up to 10 years imprisonment and a fine of 150,000 euros in the event of a fatal accident when the driver commits an additional aggravating circumstance (drugs and alcohol or driving without a license for example)

Additional penalties may be imposed such as:

  • suspension of driving license for up to 3 years
  • cancellation of the license with a ban on retaking it for 3 years or more
  • the obligation to complete a road safety awareness course or an awareness course on the dangers of using narcotics.

The driver or the person accompanying a learner driver who refuses to submit to checks to establish the use of plants or substances classified as narcotics (saliva or blood sample) is liable to the same penalties as those provided for driving after using narcotics.

When these offences are committed as a repeat offence, they result in the automatic cancellation of the driving licence with a ban on applying for a new one for up to 3 years. They result in the mandatory confiscation of the vehicle if the convicted person is the owner.

To learn about the risks involved in testing positive for drugs during a road check throughout Europe, please read our article:

SALIVARY TESTS AND ROAD SAFETY: DRIVING UNDER THE INFECTION OF DRUGS IN EUROPE