Drugs While Driving

Verified 30 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

What are the penalties for driving after drug use (cannabis, ecstasy, cocaine, LSD: titleContent...)? What is the procedure for testing at a roadside check? Can we challenge the result? We'll tell you what you need to know about drugs and driving.

He is forbidden driving after drug use (substances or plants classified as narcotic drugs): cannabis, ecstasy, cocaine, opiates, LSD: titleContent...

The prohibition applies whatever the quantity of drugs used.

In case of accompanied driving, the prohibition also concerns the person accompanying the student driver.

You can consult the updated list substances or plants classified as narcotic drugs on the website Légifrance.

Screening is obligatory in case of fatal accident or bodily (injuries) to traffic.

The screening is optional in the following cases:

  • You're involved in a physical traffic accident
  • You are the alleged perpetrator of a infringement road transport operator
  • You are suspected of taking a narcotic.

The police (police, gendarmerie) or the public prosecutor may also decide to make a drug-testing operation.

Screening

Law enforcement agencies use a salivary test for track down drug use.

There is also a urine test, but it is used less. Only a doctor can do it.

FYI  

If you refuse to do the salivary test, or if you are unable to do it, a salivary sample or bloody is performed.

Verification

If the test testing is positive, law enforcement shall conduct a salivary sample for check drug use.

Law enforcement must ask you if you wish reserve the right to request a counter-expertise.

If the answer is yes, a doctor, medical intern, or nurse does a blood sample (blood test).

This blood sample can also be used to check if you are taking medical treatment.

The salivary or blood sample is then removed analyzed by a laboratory or an approved expert.

In order to request a second opinion or a search for the use of medicines, you must indicate, at the time of the salivary sample, that you want a blood sample to be taken.

You must make the request within 5 days following the notification the result of the salivary or blood sample.

Refer to the notification of results to find out which court to apply to.

Who shall I contact

You can use a simulator to find out what penalty you might face for a traffic violation:

What is the risk in the event of a traffic offense?

If you drive after using drugs, you risk 2 years in prison and €4,500 of fine.

In case blood alcohol concentration positive, you risk until 3 years in prison and €9,000 of fine.

Your vehicle may be immobilized.

6 points are removed from your driving license.

You may also additional penalties following:

  • Suspension of license for a period of up to 3 years (without any possibility of accommodation outside the professional activity)
  • Cancelation permit and up to 3 years prohibition from applying for a new permit
  • Sentence of work of general interest
  • Sentence of fine days
  • Prohibition on driving certain vehicles, including vehicles without a license, for a period of up to 5 years
  • Obligation to perform, at your expense, a road safety awareness course
  • Obligation to conduct, at your expense, an awareness training on the dangers of the use of narcotic drugs
  • Confiscation of your vehicle.

Warning  

In case of a positive screening test, refuse to submit to verification drives same penalties.

The post-drug driving is a aggravating circumstance in the event of an accident.

When there is 2 or more aggravating circumstances (for example, drug use + alcohol), you may:

  • Up to 7 years in prison and €100,000 fine if you are responsible for a bodily injury
  • Up to 10 years in prison and €150,000 fine if you are responsible for a fatal accident.

In case of recurrence, your vehicle is confiscated and your driving license is canceled. You are prohibited from applying for a new driving license for up to 3 years.

In case post-drug use injury, your insurance company will apply sanctions (increase in contributions, termination of contract...).

Who can help me?

Find who can answer your questions in your region

  • Drugs info service

    By telephone

    0 800 23 13 13 (free and anonymous call)

    Open from 8am to 2am, 7 days a week

    Information about drugs, alcohol, addictions including gambling addiction.

    Listen, support, advice and guidance.

    You can call to be concerned directly or indirectly by drug use.

    Via the Internet

    Access to Your questions / Our answers to ask questions of service professionals

    By Cat

    Open:

  • House of Justice and the Law

FAQ