Drugs
Driving under the influence of drugs
Driving under the influence of drugs is regarded by law as a fourth-degree traffic offence.
Even a small amount of prohibited substances in the blood can lead to a summons before the police court, with potentially high fines, a driving ban and mandatory examinations.
A specialised traffic lawyer can make the difference between a severe conviction and a more limited sanction.
When are you liable to prosecution?
You are liable to prosecution as soon as traces of prohibited drugs are found in your blood, such as:
Cannabis (THC)
Cocaine
Amphetamines or methamphetamines
MDMA (ecstasy)
Heroin or morphine
The police usually carry out an oral fluid test first, followed by a blood analysis.
A positive test is sufficient to be summoned before the police court, even if you do not feel under the influence.
Possible penalties
The law provides severe penalties for driving under the influence of drugs:
Fine: between €1,600 and €16,000 (after surcharges)
Driving ban: minimum 3 months and maximum 5 years
Mandatory re-examinations: theory, practical test, medical and psychological evaluations
Possible seizure of the vehicle in case of repeat offences or combination with other violations
Suspended sentence possible in limited cases with a clean record
In case of repeat offences within 3 years, the driving licence can be permanently revoked and the fine increases significantly.
Consequences
Driving under the influence of drugs is often heavily punished, but every case is different.
A lawyer can demonstrate that:
the test was conducted unreliably or incorrectly
you were not consciously under the influence
there are mitigating circumstances
the testing procedure was unlawful (errors occur frequently)
the summons may be invalid
a suspension or reduction of the driving ban is possible
the consequences for work or family can be reduced
A strong defence can result in a lower fine, a shorter driving ban or even a suspended sentence.
Summary
A positive drug test does not automatically mean a severe conviction. With the right defence, the impact can be limited.
Contact us immediately if you are summoned for driving under the influence of drugs.
We analyse your file, verify the evidence and defend your rights before the police court.
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