Penalties incurred in Belgium
Since the new regulations, driving under the influence of drugs is severely punished in Belgium. A driver who tests positive for drugs in a saliva test faces fines, license suspension, and sometimes imprisonment. These tests are based on saliva tests similar to those used in France by the gendarmerie and the police.
Penalties incurred in France
In France, the Highway Code applies a zero-tolerance policy : any trace of narcotics detected by a THC saliva test constitutes an offense, even if the driver has consumed legal CBD containing less than 0.3% THC. This threshold can indeed generate a positive result.
Since Law No. 2025-622 of July 9, 2025 , the penalties have been significantly increased. A driver who tests positive now faces:
- A fine of up to €9,000 ;
- Up to 3 years imprisonment ;
- The automatic deduction of 6 points ;
- An immediate administrative suspension of the license (up to 6 months) decided by the prefect;
- A judicial suspension that can last up to 5 years ;
- And, in case of serious danger, the immobilization or impoundment of the vehicle .
Since the Court of Cassation ruling of March 12, 2025 (no. 24-82.925) , the driver can no longer contest the reliability of the saliva test on the basis of the brand or the conditions of use: the procedure is now considered to be fully conclusive.
Law enforcement agencies use tests that comply with the decree of December 13, 2016 , and the Joana Plan , which applies particularly to employees exposed to security risks. These devices are identical to those offered on AMA Prévention .
Main penalties incurred
- Up to 3 years imprisonment and a €9,000 fine for using narcotics alone.
- Up to 5 years and €75,000 in case of bodily injury.
- Up to 7 years and €100,000 in case of fatal accident.
- Up to 10 years and €150,000 in case of aggravating circumstances (alcohol + drugs, hit and run, repeat offense, driving without a license).
These sanctions serve as a reminder of the need to use a reliable saliva test, CE and ISO 13485 certified , such as those in the Drugdiag® range.
Possible additional penalties
- License suspension for up to 5 years.
- License cancelled with a ban on reapplying for a minimum of 3 years.
- Mandatory road safety awareness course or awareness course on the dangers of narcotics.
- Vehicle confiscation in case of repeat offence or combination of alcohol/drugs.
- Community service or a day fine decided by the court.
Refusal to screen
Refusing a saliva test administered by the police is considered an offense of the same severity as a positive test. Refusal to submit to testing results in:
- Up to 3 years imprisonment ;
- €9,000 fine ;
- The deduction of 6 points ;
- A suspension or cancellation of the license ;
- And the immobilization of the vehicle .
Sanctions in Europe
Across Europe, saliva drug testing is intensifying. Detection thresholds vary: in France, the legal limit for THC is 15 ng/ml according to the decree of December 13, 2016, compared to sometimes 50 ng/ml in other countries. The European trend is towards zero tolerance for driving under the influence of drugs.