Drugs at the wheel 2026: recidivism, screening refusal and penalties

Driving under the influence of drugs kills 290 people per year in France according to ONISR, 9% of road deaths. More worrying, screening refusal is up 18% in 2025, sign of an increasingly assumed avoidance strategy. Yet article L235-3 of the Road Code considers refusal as an autonomous offence, sanctioned like positive driving itself. Overview of 2026 penalties, recidivism cases and recent case law.

The 2026 legal framework

Article L235-1 of the Road Code criminalises driving after use of substances or plants classified as drugs: cannabis, cocaine, opioids, amphetamines, MDMA, LSD. The detection threshold is set at 1 ng/mL for THC in blood (cannabis). Any trace above constitutes the offence. Penalties: 2 years prison, 4,500 euros fine, 6 points loss, licence suspension up to 3 years.

Alcohol and drugs cumulation

If the driver is positive for both substances, penalties are aggravated: 3 years prison and 9,000 euros fine, suspension up to 5 years, and possible vehicle confiscation. This aggravating circumstance (article L235-1 II) concerns 5% of road deaths according to ONISR 2025.

Drug recidivism

A new offence within 5 years following the first final conviction constitutes recidivism. Penalties double: 4 years prison, 9,000 euros fine, licence suspension up to 5 years, possible cancellation with 3-year ban, vehicle confiscation now mandatory (except motivated decision). The B2 criminal record is systematically updated.

Mandatory additional penalties

In recidivism, the judge systematically orders: road safety awareness course (250 euros at charge), drug danger awareness course (450 euros), possible community service (up to 280 hours), and possible care obligation. The 6-point loss out of 12 (or remaining balance) is automatic.

Screening refusal: presumption of guilt

Refusing the saliva test or blood draw constitutes an autonomous offence (article L235-3) punished by the same penalties as positive driving: 2 years prison, 4,500 euros fine, 6 points, 3-year suspension. The Court of Cassation confirmed in 2024 and 2025 that refusal entails presumption of guilt, the judge not having to prove actual consumption.

Admissible force majeure cases

Only documented medical impossibilities (haemophilia, acute psychiatric disorders, ongoing medical intervention) can justify refusal. The judge appreciates sovereignly. Needle fear, invoking right to silence, or simple principled opposition are never accepted as valid grounds.

Control procedure

Control begins with a saliva test by law enforcement. If positive, blood draw at hospital within 4 hours, analysis at approved laboratory. Counter-expertise is of right and must be requested within 5 days of notification. Mes Points Permis publishes procedural details.

Administrative suspension

From positive saliva test, the prefect can order immediate 6-month suspension (138 D form). This measure is independent of judicial decision and can be extended up to 1 year if investigation justifies it. Immediate licence retention (72 hours) is often decided on site.

Cassation case law 2024-2025

Several rulings consolidated the system's severity. Crim. 14 May 2024 confirmed that occasional consumption (joint the day before) does not exempt from the offence if THC is still detectable. Crim. 8 October 2024 specified that refusal following a deferred summons (temporary medical impossibility) does not constitute an offence if the driver appears later. Crim. 12 March 2025 however ruled that breathalyser refusal is cumulable with saliva test refusal, that is two autonomous offences for one stop.

Licence recovery

After drug conviction, licence recovery requires: favourable medical opinion (prefectural commission, paid medical exam + psychotechnical test), code retake in certain cases, and end-of-course certificate. For cancelled repeat offenders, complete licence retake (code and driving) after 3-year ban. The licence will be probationary for 3 years with 6 starting points.