Sanctions incurred in Belgium
Since the new regulations, driving under the influence of drugs has been severely punished in Belgium. A driver who tests positive for drugs in a saliva test is liable to fines, loss of license, and sometimes a prison sentence. These checks are based on the same type of saliva tests used by the gendarmerie in France .
Sanctions incurred in France
In France, the Highway Code imposes zero tolerance: a driver who tests positive for THC or any other drug saliva test is immediately punished. The gendarmerie and police use systems that comply with the decree of December 13, 2016 and the Joana Plan , which makes screening employees exposed to safety risks mandatory.
A positive test automatically results in the loss of 6 points on the license, and for a probationary license, immediate invalidation.
Main penalties incurred
- Up to 2 years imprisonment and a €4,500 fine .
- Up to 3 years and €9,000 if the driver also consumed alcohol.
- Up to 5 years and €75,000 in the event of bodily injury.
- Up to 7 years and €100,000 in the event of a fatal accident.
- Up to 10 years and €150,000 if fatal accident + aggravating circumstance (alcohol, drugs, driving without a license, hit and run, etc.).
These sanctions demonstrate the importance of using a reliable, CE-certified saliva test , identical to those provided to law enforcement.
Possible additional penalties
- License suspension for up to 3 years.
- Cancellation of the license with a ban on retaking it for a minimum of 3 years.
- Mandatory road safety awareness course or drug hazard awareness course.
- Confiscation of the vehicle in the event of a repeat offense.
Refusal of screening
Refusing a saliva test from the gendarmerie is equivalent to testing positive. Whether for THC , cocaine, amphetamines or other drugs, refusal carries the same penalties as proven driving under the influence of drugs.
Sanctions in Europe
Across Europe, saliva drug screening is intensifying. Most countries are increasing penalties for drivers who test positive for THC or other substances. Detection thresholds can vary (15 ng/ml in France versus 50 ng/ml elsewhere), making the choice of test critical.