Driving under the influence of drugs
If you are caught driving under the influence of drugs, you will be sentenced by the police judge to a driving ban and a fine.
What are the fines for driving under the influence of drugs?
The fine for a first offence is 200 euros to 2,000 euros. These amounts must be increased by the surcharges.
The law explicitly refers to driving under the influence of cannabis (THC), driving under the influence of amphetamines, driving under the influence of XTC (MDMA), driving under the influence of morphine and driving under the influence of cocaine.
Even if you refuse a drug test, you will be sentenced to the same penalties.
What driving ban will you get for driving under the influence of drugs?
Usually, an immediate revocation will follow a positive drug test.
After you are summoned to the police court, an additional driving ban may be imposed.
If you have had your driving licence for less than two years, you will also have to retake the theoretical or practical driving test.
Penalties become much harsher in case of recidivism/repetition. This means you are caught again within three years of a previous conviction.
Can you get a lifetime driving ban for driving under the influence of drugs?
The police judge may ask whether you are addicted to drugs and whether your addiction does not make you physically or mentally unfit to drive another vehicle.
In this case, driving under the influence of drugs is not only subject to a fine and a driving ban as punishment, but also a lifetime driving ban as a security measure. Read more here.
So it is very important to prepare well before your case is heard before the police court. After all, you need to convince the police court that you are indeed fit to drive and present the necessary evidence of this if you do not want to receive a lifetime driving ban. We can of course help you with this.
When is a drug test imposed?
The Royal Decree of 17 September 2010 provides a standardised checklist.
If at least three signs divided into at least two categories are ticked, a saliva test is taken.
After a traffic accident, a saliva test is taken as standard.
Free advice in traffic cases.
Provide us with your summons or PV for a realistic estimate of your fine and driving ban or call us directly on 057 40 09 92.
What does the law say about drugs in traffic?
Drunk driving (art. 35 Road Traffic Act):
With a fine of 200 euros to 2,000 euros and with forfeiture of the right to drive a motor vehicle for a duration of at least one month and up to five years or permanently, he who drives a vehicle or a riding animal in a public place or accompanies a driver for the purpose of schooling, while in a state of intoxication or in a similar state in particular as a result of the use of drugs or medicines, shall be punished.
Driving under the influence of drugs (37bis, §1, 1° Road Traffic Act):
“Shall be punished by a fine of 200 euros to 2,000 euros :
1° he who drives a vehicle or a riding animal in a public place, or accompanies a driver with a view to training, when the saliva analysis referred to in Article 62ter, § 1, or the blood analysis referred to in Article 63, § 2, shows the presence in the organism of at least one of the following substances affecting the ability to drive :
- Delta-9-tetrahydrocannabinol (THC)
- Amphetamine
- Methylenedioxymethylamphetamine (MDMA)
- Morphine or 6-acetylmorphine
- Cocaine or benzoylecgonine
and whose content is equal to or higher than the content determined in Article 62b(1) for saliva analysis and in Article 63(2) for blood analysis;”
Refusing saliva test (drugs) (37bis, §1, 5° Road Traffic Act):
“Shall be punished with a fine of 200 euros to 2,000 euros :
5° he who, without legitimate reason, has refused to submit : to the saliva test referred to in Article 61bis, § 2, 2°, to the saliva analysis referred to in 62ter, § 1 or to the blood test referred to in Article 63, § 2;”
The fines must be increased by the surcharges.
Read here the penalties for driving under the influence of alcohol.
