What are the penalties for testing positive for drugs in 2025-2026?
France: The new "9-point rule"
Promulgated on July 9, 2025 , this law creates a historic exception to the usual cap on points deductions. Until then, a combination of offenses was limited to a deduction of 8 points.
Exception to Article L. 223-2
From now on, the combination of alcohol (a criminal offense) and drugs will result in the immediate deduction of 9 points from a driver's license. This measure aims to instantly invalidate probationary licenses (6 points) and drastically weakens the position of experienced drivers.
| Control Situation | Points deducted | Maximum Fine |
|---|---|---|
| Positive Drugs ALONE | 6 points | €9,000 |
| Positive for Alcohol ONLY (Offense ≥ 0.8g/L) | 6 points | €9,000 |
| CUMULATIVE ALCOHOL + DRUGS | 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 with a police order, driving without a license) is present.
- Homicide with one aggravating circumstance: 7 years in prison and a €100,000 fine.
- Homicide with 2 circumstances (ex: Alcohol + Drugs): 10 years in prison and a €150,000 fine.
- Licence cancellation: Automatic with a ban on retaking the test for 10 years.
Procedure: Detention extended to 120 hours
To allow for in-depth toxicological analyses, the immediate permit retention period has been increased 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 narcotics are involved.
- Case law March 2025: 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 purely technical grounds.
European Directive (Oct. 2025)
Driving licence withdrawal is now cross-border . A driving ban issued in Belgium or Spain for drug offences is automatically recognised and enforced in France thanks to the European Digital Driving Licence .
Detection thresholds by country (2025-2026)
| Country | THC threshold (saliva) | THC Threshold (Blood) | Penalty for the 1st Offence |
|---|---|---|---|
| France 🇫🇷 | 15 ng/mL | 0 ng (Zero Tolerance) | 6 points / 3 years in prison / €9,000 |
| Germany 🇩🇪 | 10 ng/mL | 3.5 ng/mL | €500 + 1 month withdrawal |
| Belgium 🇧🇪 | 25 ng/mL | 1 ng/mL | €16,000 + 3 PM curfew |
| Italy 🇮🇹 | 10 ng/mL | 0 ng (Zero Tolerance) | 3-year car suspension |
| Spain 🇪🇸 | 25 ng/mL | 0 ng (Zero Tolerance) | €1,000 + 6 points |
Belgium: Screening Update 2025
Since January 2025, Belgium has been implementing a radical "Zero Tolerance" protocol. Every foreign driver involved in an accident undergoes a systematic urine or saliva test.
- Repeat offense (3 years): In case of repeat offense, the fine is increased to €40,000 and the prison sentence can reach 3 years.
- VIAS format: Drivers who test positive are now required to undergo drug-specific rehabilitation training, unique in Europe.
Anticipate the risk, protect your license
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