Saliva testing in France in 2025: 5 drugs tested for, rules, procedures and penalties
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THC, cocaine, amphetamines, methamphetamines, opiates: French regulations are changing. Find out what law enforcement is looking for, the penalties, and the precautions to take before getting behind the wheel.
Key points to remember
- Police and gendarmerie saliva tests look for 5 main drugs : THC (cannabis) , cocaine , amphetamines , methamphetamines/MDMA and opiates .
- Since 2025, any presence of THC detected (even from CBD) will result in the same penalties as cannabis consumption.
- The penalties have been increased : up to 3 years in prison, a €9,000 fine and immediate suspension of the license.
- The vehicle can be immobilized immediately, depending on the driver's situation.
- The counter-analysis no longer cancels the offence once a trace of THC is confirmed.
Legal framework and new developments for 2025
Driving under the influence of drugs is prohibited by Articles L.235-1 to L.235-5 of the French Highway Code . In 2025, Law No. 2025-622 of July 9, 2025, increased the penalties.
- Up to 3 years imprisonment and a €9,000 fine .
- Automatic administrative suspension of the license upon a positive result (up to 6 months).
- Judicial suspension that can last up to 5 years.
- 6 points deducted from the driving licence.
- Vehicle may be immobilized according to article L.325-1 of the Highway Code.
Since the ruling of March 12, 2025 (Court of Cassation No. 24-82.925) , the validity of the saliva test can no longer be challenged on technical grounds (model, expiration date, method). Any positive result opens the door to prosecution.
The 5 drugs detected by the saliva test
The saliva tests used by the police and the gendarmerie detect the following substances:
- THC (cannabis) : the active ingredient in cannabis, the main factor in impaired alertness.
- Cocaine : a powerful stimulant that causes overestimation of abilities and impulsive reactions.
- Amphetamines : stimulants that reduce fatigue but cause disorientation and nervousness.
- Methamphetamines and MDMA (ecstasy) : euphoric substances that alter reflexes and the perception of danger.
- Opiates : derivatives of morphine or heroin, responsible for slowing down and drowsiness.
The legal detection thresholds are set by the decree of December 13, 2016. The tests used in France are identical to those provided to law enforcement and comply with CE/ISO 13485 standards.
Procedure during an inspection
- Saliva test carried out on site by law enforcement.
- Positive result : immediate suspension of the driver's license.
- Vehicle immobilization : the law allows for immediate immobilization ( Article L.325-1 of the French Highway Code ). This is often applied , particularly if the driver is alone or without a qualified driver present. If a sober driver with a valid license is present, they may leave with the vehicle.
- Additional sample collection : saliva or blood sent to laboratory for confirmatory analysis.
- Administrative suspension : decided by the prefect for a period of up to 6 months, before possible legal proceedings.
Sources: Highway Code articles L.235-1 and L.325-1; Service-Public.fr (updated 2025).
Sanctions 2025: What you risk
- 3 years in prison and a €9,000 fine for driving under the influence of drugs.
- 6 points deducted from the license.
- Immediate administrative suspension (6 months) and possible judicial suspension (up to 5 years).
- Vehicle may be immobilized/impounded .
- Refusal to undergo screening : same level of sanctions as a positive test.
- Combining alcohol and drugs : aggravated penalties, which can go up to 10 years in prison and a €150,000 fine in the event of a fatal accident.
FAQ – Frequently Asked Questions
🔹 Can you get positive results from CBD?
Yes. CBD is not prohibited, but if it contains residual THC (even < 0.3%), it can cause a positive saliva test. Case law from 2025 confirms that the mere presence of THC, regardless of its origin, is sufficient to constitute an offense.
🔹 Can a counter-analysis exonerate someone?
In theory, yes, but since 2025, it changes nothing if the laboratory confirms a trace of THC. The law now penalizes even the slightest presence.
🔹 How long does THC remain detectable?
A few hours after a single dose, but up to 24 hours (or even more) depending on the individual. THC stored in fat is released slowly: a saliva self-test can therefore help to check one's ability to drive.
🔹 What drugs are detected by the saliva test?
The test used by law enforcement targets THC, cocaine, amphetamines, methamphetamines/MDMA and opiates : five families responsible for the majority of drug-related accidents.
🔹 What are the risks of refusing?
Refusal is a criminal offense : 3 years in prison, a €9,000 fine, a 6-point deduction, and a driving licence suspension. The vehicle may also be impounded.
