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

Sanctions incurred

ATTENTION!

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

Link to article

In France

Driving or accompanying a student driver after using drugs is heavily punishable by the highway code. Any criminal sanction for this offense also results in an automatic loss of 6 driving license points (which means, for holders of a probationary license for less than a year, administrative invalidation and loss of the right to drive) .

What are the penalties incurred?

  • up to 2 years of imprisonment and a fine of 4,500 euros
  • up to 3 years of imprisonment and a fine of 9,000 euros if the driver also consumed alcohol
  • up to 5 years of imprisonment and a fine of 75,000 euros in the event of a bodily accident
  • up to 7 years' imprisonment and a fine of 100,000 euros in the event of a second aggravating circumstance (drug and alcohol or hit-and-run for example)
  • up to 7 years of imprisonment and a fine of 100,000 euros in the event of a fatal accident
  • up to 10 years of 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 accompanying person of a student driver who refuses to submit to checks to establish the use of plants or substances classified as narcotics (saliva or blood sample), incurs the same penalties as those provided for driving after Drug abuse.

When these offenses are committed as a repeat offense, they result in the automatic (automatic) cancellation of the driving license with a ban on applying for a new one for a maximum of 3 years. They give rise to compulsory confiscation of the vehicle if the convicted person is the owner.

To find out about the risks incurred in the event of a positive drug test during a roadside check throughout Europe, please consult our article:

SALIVARY TESTS AND ROAD SAFETY: DRUG DRIVING IN EUROPE