Alcohol or drugs alone
In France, criminal alcohol offenses and driving after drug use are now punishable by up to 3 years imprisonment and €9,000 fine.
What are the penalties for testing positive in a drug test in 2025-2026?
Road law 2025-2026 • Alcohol • Drugs • Prevention
Drugs, alcohol and driving license: new rules to know
French road legislation has toughened with the law of July 9, 2025, which strengthens penalties for driving under the influence of alcohol or drugs and creates the offenses of road homicide and road injuries.
This page explains the main legal landmarks to know, practical consequences for drivers, European and Belgian developments, as well as prevention tools that can help anticipate risk.
Key points to remember in 2025-2026
French penalties have been strengthened for alcohol, drugs, and their combination. The European framework is also evolving towards better cross-border recognition of driving bans, while Belgium has toughened its immediate license withdrawal policy for driving under the influence of alcohol.
Combined alcohol + drugs
The combination is punished more severely: 5 years imprisonment, €15,000 fine, mandatory vehicle confiscation unless specially justified, and loss of 9 points for a 12-point license.
Europe and Belgium
European rules for recognizing driving disqualifications have come into effect, with gradual application after transposition. In Belgium, the immediate withdrawal threshold for alcohol is lowered to 0.35 mg/L of exhaled air.
Choose a suitable breathalyzer
In addition to information on penalties, companies, local authorities, and event organizers can implement alcohol prevention tools: chemical breathalyzers, electronic breathalyzers, or standalone breathalyzer kiosks.
The new 9-point rule
The law of July 9, 2025 creates an exception to the usual points-based driving license system. In case of combined driving after drug use and confirmed blood alcohol level, the reduction applies to three quarters of the maximum number of license points.
-9 points
Alcohol + drugs combination: a harsher penalty
For a license with a maximum of 12 points, this reduction corresponds to 9 points. The impact is immediate for probationary licenses and heavily penalizing for experienced drivers.
| Control situation | Points deducted | Maximum main penalty |
|---|---|---|
| Positive drugs alone | 6 points | 3 years imprisonment and €9,000 fine |
| Alcohol offense alone | 6 points | 3 years imprisonment and €9,000 fine |
| Combined alcohol + drugs | 9 points | 5 years imprisonment and €15,000 fine |
Road homicide: a new autonomous offense
The law of July 9, 2025 introduced road homicide and road injury offenses into the Penal Code. Road homicide targets situations where a driver causes another’s death without intent, when an aggravating circumstance is present.
- Road homicide with one aggravating circumstance: up to 7 years imprisonment and €100,000 fine.
- Road homicide with two or more aggravating circumstances: up to 10 years imprisonment and €150,000 fine.
- Possible aggravating circumstances: alcohol, drugs, refusal to submit to checks, lack of license, significant speeding, phone use, fleeing, refusal to comply, or other cases provided by the Penal Code.
- Driver’s license: cancellation can be pronounced, with a ban on applying for a new license for up to 10 years depending on the case.
Retention, suspension, saliva tests and analyses
In cases of driving under the influence of alcohol or drugs, checks can lead to immediate license retention, additional analyses, then an administrative or judicial suspension depending on the situation and results.
- License retention: it generally lasts a maximum of 72 hours.
- Deadline extended to 120 hours: when laboratory verifications are necessary to prove driving under the influence of alcohol or after drug use, retention can last up to 120 hours.
- Administrative suspension: the prefect may decide on a suspension following the retention.
- THC saliva threshold in France: the decree of December 13, 2016 sets the minimum saliva THC screening threshold at 15 ng/mL of saliva.
- Supreme Court ruling of March 12, 2025: the texts do not require investigators to specify the nature, usage methods, or validity date of the saliva drug test. This detail does not eliminate all possibilities of contestation, but it reduces purely formal disputes on these elements.
Joana Plan: testing, training, and school transport
Presented on April 30, 2025, the Joana Plan aims to strengthen road safety in school transport. It focuses on awareness, prevention, testing, driver training, and improving vehicle safety.
- Random testing: the plan provides for at least one random test per year per driver to detect consumption of substances that may impair driving abilities.
- Heavy vehicle license renewal: drivers must undergo testing during medical check-ups required every 5 years for heavy vehicle license renewal.
- Training: the risks of addictive behaviors must be included in initial and ongoing training for professional drivers.
- Alcohol interlock device: the goal is for new school transport vehicles to be equipped with an alcohol interlock device within 4 years.
- Workplace prevention: the plan encourages school transport companies to implement prevention and awareness plans against addictions.
Europe: towards better cross-border enforcement of sanctions
The modernized European rules on driving licenses and mutual recognition of driving disqualifications came into force on November 25, 2025. They mainly target serious offenses such as driving under the influence, major speeding, and serious accidents.
Their concrete application will depend on transposition in Member States. Therefore, this evolution should not be presented as immediate and automatic in all national situations.
| Area | Evolution | Point of caution | Practical consequence |
|---|---|---|---|
| European Union | Mutual recognition of driving disqualifications | Progressive application after transposition | Less impunity for serious offenses committed abroad |
| France | Toughening of alcohol, drugs, and road homicide laws | Severe aggravation for combined alcohol + drugs | 9 points, 5 years, €15,000 in case of accumulation |
| Belgium | Enhanced drug and alcohol checks | Immediate withdrawal for alcohol from 0.35 mg/L of exhaled air | Immediate withdrawal, fine, police court depending on the case |
| Other Member States | Variable national rules | Different thresholds and procedures depending on the country | Always check local rules before traveling |
Belgium: saliva test, immediate withdrawal, and police court
In Belgium, driving under the influence of drugs is based notably on a standardized checklist, a saliva test, and, in some cases, additional analysis. If the result is positive, the license can be immediately withdrawn and the offense prosecuted before the police court.
- Standardized checklist: the officer checks if the driver shows external signs of recent drug use.
- Saliva test: it indicates whether a drug has been used and, if so, which family of substances it belongs to.
- Drug sanctions: sanctions may include immediate withdrawal, fines, driving bans, examinations, or prosecution before the police court.
- Alcohol since 2026: the immediate license withdrawal threshold for driving under the influence of alcohol is lowered to 0.35 mg/L of exhaled air.
- Repeat offense: sanctions can be significantly increased, with higher fines and additional judicial measures.
AMA Prévention’s response: inform, prevent, equip
The severity of the legislation reinforces the importance of a clear prevention approach: driver information, internal campaigns, breathalyzers, saliva tests, adapted procedures, and support for those exposed to road risk.
Road safety Occupational health Saliva tests Breathalyzers Workplace prevention
Sources used for this update
The legal information on this page is provided for informational purposes and must be verified according to the specific situation. For individual procedures, consult a legal professional.
Légifrance — Highway Code, article L.235-1: driving after drug use Légifrance — Highway Code, article L.234-1: driving under the influence of alcohol Légifrance — Law no. 2025-622 of July 9, 2025 creating road homicide Court of Cassation — Criminal Chamber, March 12, 2025, no. 24-82.925 Légifrance — Decree of December 13, 2016: saliva screening thresholds Ministry of the Interior — Joana Plan for school transport road safety European Commission — Modernized rules on licenses and driving disqualifications Belgian Justice — Driving under the influence of drugs AWSR — Alcohol and road safety in Belgium Belgium — Immediate license withdrawal from 0.35 mg/L of exhaled air
Protect drivers, teams, and the organization
Prevention tools do not replace the legal framework, but they allow action before risk-taking: preventive screening, awareness, self-monitoring, and support for businesses or communities.
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