The traffic accident of comedian Pierre Palmade could have repercussions on the legislation on driving under the influence of drugs in France. As of today, he is penalized with the loss of six points on his driving license, a maximum fine of 4,500 euros as well as a prison sentence limited to two years. In an interview with the JDD, the Minister of the Interior, Gérald Darmanin, proposed to introduce “the withdrawal of 12 points from the driving license for anyone who drives while using drugs.” Currently, this withdrawal of the driving license is automatic only in case of recidivism.
Although the United Kingdom has recently tightened its sanctions in this area due to an increase in drug use in the country, would this evolution in French legislation place France among the most severe European countries in this area? BFM Business offers an overview of the various penalties applied by our neighbors in case of driving under the influence of drugs.
Zero tolerance in southern Europe
Some European countries opt for a zero-tolerance policy on the subject: as soon as a motorist tests positive, sanctions are activated. This is especially the case in Italy, which punishes driving under the influence of drugs with a fine ranging from 1,500 to 6,000 euros and a prison sentence of up to one year.
The same logic in Spain where, despite the decriminalization of cannabis, a positive test is punishable by a fine of 1,000 euros and the loss of six points out of the twelve on the driving license. A prison sentence can be handed down if the driver is still clearly under the influence of the intoxicating product at the time of the test.
Thresholds established in Northern Europe
In Germany, the penalties differ between soft and hard drugs. In the event of a positive result for cocaine, heroin or amphetamines, the driving license can be immediately revoked. When it comes to cannabis, the country operates from a THC threshold of 0.5 nanograms per milliliter of blood. Above this value, the motorist incurs a fine of 500 euros, the withdrawal of two points from his driving license and a driving ban for one month. In case of recidivism, the amount of the fine and the duration of the driving ban increase.
In Belgium, Ireland and Denmark, the threshold increases to 1 nanogram of THC per milliliter of blood for cannabis, but with different penalties. In our bordering neighbours, the duration of the withdrawal of the permit ranges from 15 days to six and a half months, while the amount of the fine ranges from 6,000 to 16,000 euros, which can be accompanied by a driving ban for a month to five years or even permanent.
In Denmark, the minimum amount of the fine is half the offender’s monthly net salary for THC and one month’s net salary for another psychoactive substance for a first offence. In both cases, the driver has his driving license withdrawn for three years. In Ireland, penalties are limited to €5,000 and/or six months in prison.
The permissible level of THC can reach 2 or even 3 ng/ml of blood
The United Kingdom and the Netherlands are even more “tolerant” in terms of the THC threshold authorized in blood, which does not prevent them from foreseeing harsh penalties if said threshold is exceeded. On the other side of the Channel, the threshold reaches 2 nanograms of THC per milliliter of blood and the penalties are the same for drivers under the influence of alcohol or drugs. This exposes them to a driving ban of at least one year, a criminal record as well as a minimum fine of 5,000 pounds (more than 5,600 euros) and/or six months in prison.
In the Netherlands, the threshold reaches 3 nanograms of THC per milliliter of blood, but is limited to 1 if alcohol or other drugs are detected. For a first-time offender, the fine is €850 with a six-month license suspension.
Source: BFM TV
