Retention of driver's license

Verified 24 August 2026 - Public Service / (Prime Minister)

Towards a new case of license retention: driving after using psychoactive substances

The driver's license will be withheld by law enforcement as a precautionary measure in case of presumption driving after consumption, in a roundabout or excessive manner, of one or more psychoactive substances.

A decree must determine the conditions under which the list of psychoactive substances concerned will be established.

That is what Article 30 of the law no. 2026-798 of august 18, 2026, known as the Ripost Act.

In the meantime, the information presented on this sheet remains valid.

The police have withheld your driver's license and you are wondering if you still have the right to drive? We provide you with information about the retention of the permit.

Law enforcement officers withhold the driver's license as a precautionary measure in the following situations:

  • Presumption from driving under the influence of alcohol taking into account screening by breathalyzer and driver behavior
  • Driving under the influence of alcohol established with a breathalyzer
  • Driving under the influence of alcohol
  • Refusal to submit to screening and alcohol testing
  • Presumption from driving after drug use
  • Conduct after use of narcotics established by salivary or blood sampling
  • Refusal to submit to the use of narcotics
  • Exceeding the maximum authorized speed by 40 km/h or more if the speeding is established with an approved device and the vehicle is intercepted
  • In the event of a fatal or bodily traffic accident, when the driver is suspected of having violated the rules of use of the telephone held in hand, maximum authorized speeds, passing, passing, intersection or priorities of passage
  • Use of the handheld telephone when the driver is intercepted and at the same time commits an offense of compliance with the rules of driving, speed, passing, passing, intersection or priorities of passage
  • Refusal to comply
  • In case of motorized rodeo.

During the early driving, supervised or framed, the retention shall apply to driver's license of accompanying person of the student driver in the event of an offense relating to blood alcohol level or the use of narcotics.

In case of road homicide or road injuries, where circumstances suggest that the driver may no longer be fit to drive, he shall pass a medical examination, at its own expense. The medical examination must be carried out within 72 hours from the time of the road accident or from the time when his state of health permits.

If the medical opinion concludes that the person is unfit to drive, the prefect may administrative suspension of driving license. The decision shall be notified to the driver concerned.

Law enforcement withhold the driver's license as a precautionary measure until the prefect's decision. The vehicle may be immobilized.

Law enforcement (police or gendarmerie) hold your license and immediately give you a copy of the notice of detention.

The notice of detention shall state the service you will need to contact for collect your driver's license.

Please note

If you don't have your driver's license with you, you have a 24-hour delay to hand it over to law enforcement.

The retention of the license lasts 72 hours maximum.

However, the retention of the license lasts 120 hours maximum if laboratory checks are necessary to establish proof of driving under the influence of alcohol or after use of narcotics.

The starting point for the 72-hour or 120-hour period is notification the retention of the license. It's about timelines calendars. For example, if the license is notified on Monday, July 22 at 11 a.m., the 72-hour (3-day) period ends on Thursday, July 25 at 11 a.m.

During the license retention period, you have the driving ban.

Your vehicle can be immobilized.

The checks necessary are made regarding your vehicle and yourself. For example, checking your alcohol status with a breathalyzer or by blood tests and medical examinations.

Driving during the period of retention of the driving license is punishable by a prison sentence from 2 years maximum and one fine up to €4,500.

6 points shall be withdrawn from the driving license.

Your vehicle can be immobilized and impounded.

You also risk additional penalties following:

  • Confiscationof vehicle
  • Suspension of the license for a maximum of 3 years. This suspension cannot be limited to driving outside the professional activity.
  • Sentence of community service
  • Penalty of fine-days
  • Prohibition to drive certain vehicles, including vehicles without a license, for a maximum period of 5 years
  • Obligation to perform, at your expense, a road safety awareness course
  • Cancelation of the license and prohibition to apply for a new license for a maximum of 3 years.

The rules differ depending on the situation:

Répondez aux questions successives et les réponses s’afficheront automatiquement

The offense is not established

Your driver's license will be returned if the offense is not established.

If it is possible to prove immediately that the offense is not established (for example, with a breathalyzer ), the police give you back your license on the roadside.

Otherwise, your license will be returned to you after the retention period, either after 72 hours, or 120 hours if laboratory checks are necessary.

If you request it, your license is returned to you at the end of the retention period by registered letter with : titleContent. You can also go to the address indicated on the notice of detention.

Your license is kept at your disposal during 12 hours which follow the end of the retention period. However, if the detention period ends between 18.00 and 22.00, the time limit for making available shall be extended until noon on the following day.

Examples:

  • If the detention ends on June 3 at 10 am, your license is held at your disposal until June 3 at 10 pm.
  • If the detention ends on June 3 at 7 p.m., your license is held at your disposal until June 4 at noon.

The offense is confirmed

Law enforcement informs you that they keep your driver's license.

The course of the proceedings varies according to the offense committed.

Drinking and driving offense

The prefect must pronounce the suspension of your driver's license or restrict your right to drive to vehicles equipped with an EAD if you have offenses following:

The prefect's decision is yours notifiedeither directly if you go to the service indicated in the notice of retention, or by registered letter with : titleContent.

The prefect's decision ceases to have effect if a judicial decision imposes a restriction on your right to drive. For example, a suspension or a cancelation of your license.

Drug-related offense while driving

The prefect must pronounce the suspension of your driver's license if you have committed any of the offenses following:

The administrative suspension decision is yours notifiedeither directly if you go to the service indicated in the notice of retention, or by registered letter with : titleContent.

The prefect's decision ceases to have effect if a judicial decision imposes a restriction on your right to drive. For example, a suspension or a cancelation of your license.

Other offense

The prefect may pronounce the suspension of your driver's license if you have committed any of the of infringements following:

  • Exceeding the maximum authorized speed by 40 km/h or more if the speeding is established with an approved device and the vehicle is intercepted
  • In the event of a fatal or bodily traffic accident, when the driver is suspected of having violated the rules of use of the telephone held in hand, maximum authorized speeds, passing, passing, intersection or priorities of passage
  • Use of the handheld telephone when the driver is intercepted and at the same time commits an offense of compliance with the rules of driving, speed, passing, passing, intersection or priorities of passage
  • Refusal to comply.
If the prefect orders the suspension of your driving license

If the prefect pronounces the suspension of your driver's license, the decision is yours notifiedeither directly if you go to the service indicated in the notice of retention, or by registered letter with : titleContent.

The prefect's decision ceases to have effect if a judicial decision imposes a restriction on your right to drive. For example, a suspension or a cancelation of your license.

If the prefect does not order the suspension of your driving license

If the prefect does not suspend your driver's license before the end of the detention period (72 hours or 120 hours if laboratory checks are necessary), you can collect your driver's license.

If you request it, your license is sent by registered letter with : titleContent. You can also go to the address indicated on the notice of detention.

Your license is kept at your disposal during 12 hours which follow the end of the retention period. However, if the detention period ends between 18.00 and 22.00, the time limit for making available shall be extended until noon on the following day.

Examples:

  • If the detention ends on June 3 at 10am, your license is kept at your disposal until June 3 at 10pm.
  • If the detention ends on June 3 at 7 p.m., your license is held at your disposal until June 4 at noon.

Even in the absence of an administrative stay, the judge may decide to suspend or to cancel your license.

You do not have a response at the end of the retention period

If there is no response at the end of the retention period (72 hours or 120 hours if laboratory checks are needed), you can collect your driver's license.

If you request it, your license is sent by registered letter with : titleContent. You can also go to the address indicated on the notice of detention.

Your license is kept at your disposal during 12 hours which follow the end of the retention period. However, if the detention period ends between 18.00 and 22.00, the time limit for making available shall be extended until noon on the following day.

Examples:

  • If the detention ends on June 3 at 10am, your license is held at your disposal until June 3 at 10pm.
  • If the detention ends on June 3 at 7 p.m., your license is held at your disposal until June 4 at noon.

On the same subject

Who can help me?

Find who can answer your questions in your region

  • Administrative information by telephone - Allô Service Public

    • accès

      For more information on this subject, you can contact Allô Service Public.

      Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.

    • horaires
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    • Request a call

      coût Service free
    • service

      The informants who answer you belong to the Ministry of the Interior.