Zero tolerance in France
Unlike alcohol, French law sets NO minimum threshold for drugs at the wheel. As soon as a saliva test is positive for cannabis, cocaine, MDMA, opiates or amphetamines, the driver is in breach. Even use the day before can leave detectable traces.
How does screening work?
Roadside saliva test
A swab is placed under the driver’s tongue for 3-5 minutes. If positive, the driver is detained and taken to the gendarmerie or station for a blood sample used as evidence. Common saliva tests detect cannabis (THC) for 6-24 hours after use.
Blood test confirmation
Only the blood test is valid in court. The driver may request a counter-expertise at their own cost (€50-80). In 2026, approved labs deliver results in about 15 days on average.
Penalties in 2026
Driving under influence of drugs
Maximum sentence: 2 years in prison, €4,500 fine, 6 points off, licence suspended or cancelled up to 3 years, ban on reapplying for 3 years. The judge can impose detox, medical monitoring or community service.
Combined with alcohol
Increased penalties: up to 3 years in prison and €9,000 fine. Cancellation is almost automatic.
In case of personal-injury accident
Up to 7 years in prison, €100,000 fine, and 10 years if drug test is positive. In case of death (involuntary manslaughter), 10-20 years.
Detection windows: beware of "traces"
Cannabis is detectable 4-24 h in saliva for occasional users, up to 3-7 days for regular users. Cocaine: 12-48 h. MDMA: 24-48 h. Opiates: 24-72 h. Conclusion: you can test positive without feeling "impaired".
What to do if tested positive?
Do not refuse the test
Refusing a drug test is punished as if positive (2 years in prison, €4,500 fine). Never refuse a saliva test.
Consult a specialised lawyer quickly
A road lawyer can challenge the procedure (test regularity, timing, chain of custody). They can also negotiate alternatives (CRPC) or a shorter suspension if the case is solid.
Medical cannabis: an exception?
In 2026, France’s medical cannabis trial covers around 30,000 patients. The law now provides an exception for patients with a prescription, if their doctor validated fitness to drive. It is one of 2026's first case-law developments.
Next step
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Frequently asked
Your questions on this topic
What are the penalties for drug driving?
Zero tolerance for drugs at the wheel: 4,500 EUR fine, 2 years prison, 3-year suspension, 6 points withdrawn, vehicle impoundment. Mandatory course (450 EUR) in addition. If alcohol + drugs combined: 9,000 EUR, 3 years prison, licence cancellation and 3-year ban on retaking. Detection is by saliva test, confirmation by blood sample.
How long is cannabis detectable when driving?
THC remains detectable by saliva test for 4 to 7 hours after occasional use and up to 12 to 24 hours for regular use. By blood sample: 24 to 48 hours. By urine: 3 to 30 days depending on frequency. No minimum tolerable dose: even a tiny trace triggers penalties, unlike alcohol where the threshold is 0.5 g/L.
How does a roadside drug saliva test work?
3 steps: 1) absorbent swab rubbed 30 to 60 seconds on the tongue, 2) chemical reading within 4 to 8 minutes detecting cannabis, cocaine, opiates, amphetamines, 3) if positive, mandatory transfer to station for confirmatory blood sample (results 7 to 14 days). Test refusal = penalty equivalent to a positive test: 4,500 EUR, 2 years prison, 6 points.
Can you contest a positive drug test?
Yes, counter-expertise is a right within 5 days of the initial blood sample. Cost: 250 to 400 EUR, paid by the contestant. Only a specialised criminal lawyer is useful (2,000 to 4,000 EUR fees). 2025 success rate: only 4 to 6 percent, on procedural flaws (sampling chain, sample preservation, identification). Recourse rarely effective in practice.
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