Offence: Drug driving

Ketamine and driving: what is changing?

6 min read

Contents
  1. The current list of banned substances
  2. What applied to ketamine until now?
  3. What is changing?
  4. What does this mean for you in practice?
  5. The consequences are the same as for other drugs
  6. Defence in a ketamine case
  7. Frequently asked questions
  8. Have your case reviewed

Ketamine is one of the fastest-growing drugs among young adults. Until recently, it was not on the list of substances subject to zero tolerance in traffic. That is changing. Yet this new ban does not mean that the police will be able to detect ketamine with a rapid test from tomorrow. In this article, we set out what applies today and what is coming.

This article is part of our guide to drug driving. We will update it as soon as new rules come into force.

The current list of banned substances

Article 37bis of the Road Traffic Act (loi relative à la police de la circulation routière) punishes driving with certain substances in your system, whether or not you feel their influence. Until now, there are five groups: THC (cannabis), amphetamine, MDMA (ecstasy), opiates such as morphine and heroin, and cocaine. For these substances, the law sets thresholds in saliva and in blood, and saliva tests exist.

Ketamine was not on this list.

What applied to ketamine until now?

The fact that ketamine was not on the list does not mean that driving under its influence was allowed. Two provisions could, and still can, apply.

Article 35 of the Road Traffic Act punishes driving while drunk or “in a similar state”, in particular because of drugs. Someone who, because of ketamine, is disoriented, confused or impaired in their movements can thus be prosecuted. The evidence then rests on the police’s findings and possibly on a blood test. See our article on drunkenness and alcohol intoxication.

Article 8.3 of the Highway Code (Code de la route) requires every driver to be fit to drive and to be in control of their vehicle at all times.

Since October 2024, the police drug checklist has also contained a section for signs of a state similar to drunkenness. These findings are therefore recorded more fully. See our article on the drug checklist.

The drawback of this approach: the police must be able to demonstrate a clear influence. Someone who had taken ketamine but showed no visible signs remained out of reach.

What is changing?

In May 2026, the Chamber of Representatives passed a bill that explicitly adds ketamine to the substances banned in traffic. Ketamine thus falls under the same regime as cannabis, cocaine and the other substances: zero tolerance, whether or not you were under the influence.

The tests will follow later. The federal authorities must first set the technical specifications for a suitable saliva test, then buy validated tests through a public procurement procedure. According to the most recent information, the police would have saliva tests capable of detecting ketamine by summer 2027.

Figures from Vias, the Belgian road safety institute, show that the problem is real: in 2025, ketamine was found in around 6% of samples that had already tested positive for another drug.

What does this mean for you in practice?

  • Today, ketamine use behind the wheel can be prosecuted as driving in a state similar to drunkenness, if the police observe signs of influence. This can lead to the immediate withdrawal of your licence and a summons (citation) to appear in court.
  • Once the new rules apply and the tests are available, the presence of ketamine above the threshold will be enough, as with cannabis or cocaine.
  • Ketamine is also often taken together with other substances. A positive test for another substance, such as cocaine or MDMA, obviously remains punishable.

The consequences are the same as for other drugs

Anyone prosecuted for driving under the influence of ketamine faces the same measures and penalties as for other drugs:

  • a temporary 12-hour driving prohibition;
  • immediate withdrawal of your driving licence for 15 days, see our article on immediate licence withdrawal;
  • before the police court (tribunal de police), a fine, a driving ban (déchéance du droit de conduire) and possibly reinstatement exams (examens de réintégration);
  • in the case of regular use, a possible finding of unfitness to drive under Article 42.

Defence in a ketamine case

As long as ketamine can only be prosecuted under Article 35, the case stands or falls with the police’s findings. The question is then whether the signs described really demonstrate a state similar to drunkenness, or whether they can also be explained by tiredness, stress or another cause. A critical reading of the police report (procès-verbal) is essential here.

Frequently asked questions

Is driving under the influence of ketamine punishable?

Yes. Even before the new law, someone driving under the influence of ketamine could be prosecuted for driving in a state similar to drunkenness (Article 35 of the Road Traffic Act), if the police observed signs of influence. With the new law, ketamine joins the list of banned substances with zero tolerance, like cannabis and cocaine.

Does the saliva test detect ketamine?

No, not yet. The current police saliva test detects cannabis, amphetamine, methamphetamine and MDMA, opiates and cocaine. Saliva tests suitable for ketamine still have to be purchased and are expected by summer 2027.

What do I risk if I drive under the influence of ketamine?

The same measures and penalties as for other drugs: a 12-hour driving prohibition, immediate withdrawal of your licence for 15 days and a summons to appear before the police court. If you are prosecuted for a state similar to drunkenness, a driving ban of at least one month is mandatory.

How do the police establish ketamine use without a saliva test?

Through the outward signs recorded in the drug checklist, such as disorientation, an unsteady gait, confusion or slowed reactions. Since October 2024, the checklist has had a separate section for signs of a state similar to drunkenness. A blood test can also demonstrate use.

Have your case reviewed

Have you received a summons after a roadside check in which ketamine played a role? We go through the case with you. Contact us.

Law as at 28 September 2026. We update this article when the rules change.

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