Driving under the influence of drugs is a serious traffic and criminal offense in Belgium. The consequences are more severe than many drivers realize: immediate revocation of a driver's license, heavy fines, a criminal record and even imprisonment are possible. Mr. Mohamed Asfour, a traffic and criminal lawyer in Brussels, clearly explains the risks and your rights.
What drugs are punishable behind the wheel?
Belgian law prohibits driving under the influence of a range of illegal and certain legal substances. The law distinguishes two categories:
- Illegal drugs for which a positive saliva test is sufficient: cannabis (THC), cocaine, amphetamines, methylenedioxy-methyleneamine (MDMA/XTC), morphine (heroin metabolite) and ketamine. A positive saliva test is already sufficient for an immediate driver's license revocation.
- Medications that impair driving ability: certain sleep and sedatives, antidepressants or painkillers may also be grounds for prosecution if you are unable to drive safely.
The saliva test and blood analysis
During a traffic stop, police may conduct a saliva test take. If the saliva test is positive, you will be required to be taken to the police station for a blood analysis. Blood analysis determines prosecution: a positive blood test is proof that you are being prosecuted.
Note that you can refuse the saliva test, but this is considered equivalent to a positive result and leads to the same consequences. Refusal of the blood draw is also punishable.
Immediate revocation of driver's license
In the event of a positive saliva test, the police can revoke your driver's license withdraw immediately for up to 15 days. After that, the prosecutor decides whether to extend or lift the driving ban. In serious cases (repeat, accident with injuries), the immediate revocation can be extended to 3 months.
Penalties for driving under the influence of drugs
Upon conviction by the police court, you risk:
- Money penalty: minimum €1,600 (after multiplying by the opdeciemen ×8)
- Driving ban: minimum 8 days, can rise to years for repeat or serious offenses
- Imprisonment: from 8 days to 2 years (for serious offenses or repeat offenses)
- Recovery exams: medical and/or psychological examination, theory and practical examination before you get your license back
- Alcohol lock: imposed in certain cases as an alternative punishment (not standard with drugs)
Combination drugs and alcohol: aggravation
If you simultaneously test positive for drugs and have an alcohol level above the legal limit, penalties are increased. This is considered an aggravating circumstance and results in higher fines and longer driving bans.
Repetition: dire consequences
For a second offense within three years, the penalties are doubled. For a third offense, the police court can permanently revoke the driver's license. This is not a temporary driving ban but a permanent loss of the right to drive.
What does your lawyer do in the case of drugs in traffic?
A specialized traffic and criminal law attorney can:
- Checking the legality of saliva testing and blood collection
- Check the storage chain of the blood sample (errors are not rare)
- Appealing the immediate driver's license revocation to the investigating judge
- Argue in police court for lenient sentence, deferment or suspension
- Preparing for the remedial exams in the best possible way
Also read: Driving under the influence: blood analysis and consequences | Avoiding driving bans in Belgium: what are the options?
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