Belgium has zero tolerance for drug driving. THC (cannabis), amphetamine, MDMA, opiates and cocaine are punishable above a low threshold, even if you no longer feel any effect yourself. So if you drive a few days after using cannabis, you can still test positive.
At the same time, the procedure is stricter than for alcohol and has more steps: a checklist, a saliva test (test salivaire), a saliva analysis (analyse salivaire) or a blood test (prise de sang). Each step has its own rules.
What are you facing?
- A 12-hour driving ban and a 15-day withdrawal of your licence after a positive saliva test.
- A fine and a driving ban (déchéance du droit de conduire) imposed by the police court (tribunal de police), possibly with reinstatement tests (examens de réintégration): a theory test, a practical test, a medical examination and a psychological examination.
- Stricter rules for repeat offenders and young drivers. If you reoffend within three years, a driving ban of at least three months is compulsory, together with the four reinstatement tests. If you have held your category B licence for less than two years, the judge must impose a driving ban.
- Unfitness to drive (inaptitude à la conduite). If the file points to regular use, the judge can declare you unfit to drive. You will then only get your licence back once you prove that you are fit to drive again.
Certain medicines can also cause problems.
How we handle your case
- We check every step of the procedure. Except after an accident, the police may only carry out a saliva test after a positive checklist. Was the checklist filled in fully and correctly? Was the saliva sample taken, packed and analysed correctly? Was the blood test carried out by the right doctor?
- We keep track of the deadline for a counter-analysis. If you doubt the result, you must ask for a counter-analysis (contre-expertise) within 14 days. If you miss that deadline, you lose a line of defence.
- We work on the sentence. A hair analysis showing that there is no regular use, a clean record and the importance of your licence for your work all count. In this way, we try to avoid a long driving ban or a declaration of unfitness to drive.
Contact us as soon as possible, ideally within 14 days of receiving the analysis.