What are the penalties for testing positive in a drug test in 2025-2026?
France: The new "9-Point Rule"
Enacted on July 9, 2025, this law creates a historic exception to the usual cap on point deductions. Until now, combined offenses were limited to an 8-point deduction.
Exception to Article L. 223-2
From now on, the combination of Alcohol (offense) + Drugs results in the immediate deduction of 9 points from the driving license. This measure aims to instantly invalidate probationary licenses (6 points) and severely impacts experienced drivers.
| Control Situation | Points Deducted | Maximum Fine |
|---|---|---|
| Drugs Positive ONLY | 6 points | 9 000 € |
| Alcohol Positive ONLY (Offense ≥ 0.8g/L) | 6 points | 9 000 € |
| ALCOHOL + DRUGS COMBINATION | 9 POINTS | 15 000 € |
🚨 Road Homicide: A new standalone offense
Since July 11, 2025, the term "involuntary" homicide has been removed from the Penal Code for accidents related to road violence. The offense of Road Homicide applies as soon as an aggravating circumstance (drugs, alcohol, refusal to comply, lack of license) is present.
- Homicide with 1 circumstance: 7 years in prison and a €100,000 fine.
- Homicide with 2 circumstances (e.g., Alcohol + Drugs): 10 years in prison and a €150,000 fine.
- License cancellation: Automatic with a 10-year ban on retaking the test.
Procedure: Retention extended to 120 hours
To allow for thorough toxicological analyses, the immediate license retention period has been extended from 72 hours to 120 hours (5 days).
- Administrative Suspension: The prefect can now suspend the license for up to 1 year from the first offense if drugs are involved.
- March 2025 Case Law: The Court of Cassation confirms that the reliability of ISO 13485 certified saliva tests (such as the Drugdiag® range) can no longer be challenged in court on simple technical grounds.
European Directive (Oct. 2025)
License suspensions are now cross-border. A driving ban issued in Belgium or Spain for drugs is automatically recognized and enforced in France thanks to the European Digital Driving License.
Detection thresholds by country (2025-2026)
| Country | THC Threshold (Saliva) | THC Threshold (Blood) | First Offense Penalty |
|---|---|---|---|
| France 🇫🇷 | 15 ng/mL | 0 ng (Zero Tolerance) | 6 points / 3 years prison / €9,000 |
| Germany 🇩🇪 | 10 ng/mL | 3.5 ng/mL | €500 + 1 month suspension |
| Belgium 🇧🇪 | 25 ng/mL | 1 ng/mL | €16,000 + 15-hour ban |
| Italy 🇮🇹 | 10 ng/mL | 0 ng (Zero Tolerance) | Automatic 3-year suspension |
| Spain 🇪🇸 | 25 ng/mL | 0 ng (Zero Tolerance) | €1,000 + 6 points |
Belgium: 2025 Screening Update
Since January 2025, Belgium has implemented a strict "Zero Tolerance" protocol. Any foreign driver involved in an accident undergoes a mandatory urine or saliva test.
- Repeat Offense (3 years): In case of a repeat offense, the fine increases to €40,000 and the prison sentence can be up to 3 years.
- VIAS Format: Drivers who test positive are now required to undergo a specific drug rehabilitation training, unique in Europe.
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