Penalties, medications and illicit drugs

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Medication and drugs at the wheel: their effect on driving, the testing procedure and the penalties under Belgian law.

Cover, Penalties, medications and illicit drugs

Lesson objectives

Understand immediate and long-term penalties in case of drugs or alcohol detected Identify specific risks of medications combined with alcohol or drugs Know testing procedures and consequences of refusal

Penalties related to alcohol: complete schedule

The Belgian Highway Code provides graduated penalties according to the alcohol level detected . These penalties apply immediately in the field, without waiting for a judgment. Understanding this schedule is essential for the exam.

Alcohol penalties schedule (mg/l of expired alveolar air)

Detected rate Immediate consequences Immediate fine Less than 0.22 mg/l No sanction related to alcohol level No From 0.22 to less than 0.35 mg/l Temporary driving ban for 12 hours €197 possible From 0.35 to less than 0.44 mg/l Temporary driving ban for 12 hours (immediate licence withdrawal possible if driving is deemed dangerous) €462 possible From 0.44 to less than 0.50 mg/l Temporary driving ban for 12 hours (immediate licence withdrawal possible if driving is deemed dangerous) €636 possible 0.50 mg/l or more Temporary driving ban for 12 hours + immediate licence withdrawal for 15 days + mandatory court appearance No Refusal of test or analysis Temporary driving ban for 12 hours + immediate licence withdrawal for 15 days €735 transaction possible

Refusal of the breath test or analysis is an offence in itself. It results in a temporary driving ban of 12 hours , immediate licence withdrawal for 15 days , a proposed transaction of €735 and court proceedings (fine of €2,000 to €20,000). Since 1 May 2024, it is no longer possible to request the 15-minute waiting period before the first test.

Roadside alcohol check

Drugs: saliva test and sanctions

Drug detection follows a different process from alcohol. A saliva test (saliva sample with a cotton swab) measures the presence of drugs. Police can only perform this test if they suspect drug use, based on objective evidence, except in the event of an accident, where the test can always be imposed.

A positive saliva test result results in particular: A temporary driving ban for 12 hours A report and possible prosecution Immediate licence withdrawal that may be decided by the Public Prosecutor Disqualification from driving that may be imposed by the judge

To remember for the exam: punishable alcohol level results in a temporary driving ban of 12 hours . A positive saliva test for drugs also results in a temporary driving ban of 12 hours . Other sanctions depend on the offence and the decision of the prosecution or judge.

Accident scene with police intervention

Medicines: the silent trap

Certain medicines impair driving ability as seriously as alcohol. Psychotropic medicines (sleeping pills, anxiolytics, antidepressants, antihistamines, painkillers) can multiply the risk of serious accident by 5 .

Effects of medicines on driving

Slowed reflexes Drowsiness and increased fatigue Difficulty concentrating Vision problems Reduced risk perception

Synergy

Mutual reinforcement effect: when two substances (alcohol + medicine) combine, their effects amplify each other, creating a danger far greater than either taken alone.

Mixing alcohol and medicines is extremely dangerous. Alcohol enhances the side effects of the medicine (or vice versa). This synergy makes driving much more risky. Some medicines can also have prolonged effects: a sleeping pill taken in the evening can still reduce your alertness the next morning.

Before driving after taking a medicine, consult the package insert or your pharmacist. If the insert mentions "may affect driving ability", refrain from driving or postpone your journey. This is a frequent exam question.

Combination of alcohol and drugs: the worst situation

Combining alcohol and drugs is far more serious than either alone. The effects reinforce each other, creating extreme danger. The road code provides maximum penalties for this situation: driving ban of up to 5 years .

Control measures: breath test and blood sample

When a breath test is impossible (driver in hospital, asthmatic, too drunk), a blood sample may be taken. It is a doctor, not a police officer, who takes this sample. The result is just as valid as a breath test.

Alcohol interlock device

Device installed in the vehicle that checks alcohol in expired alveolar air before each start. If the driver exceeds the programmed threshold, the engine does not start. The judge may impose it for a limited period or for life, depending on the conditions provided by law.

An alcohol interlock device may be imposed by the judge on a driver who has committed an alcohol-related offence. The device prevents the engine from starting when alcohol is detected. Possible, at the judge's discretion , from 1.02 g/l of blood (0.44 mg/l of expired alveolar air). Mandatory from 1.80 g/l of blood (0.78 mg/l of expired alveolar air), unless the judge makes a specially reasoned decision otherwise. Also possible in case of drunkenness, reoffending, or alcohol-related accident.

Who carries out immediate licence withdrawal?

Immediate licence withdrawal can be carried out on the road by police for certain serious offences, particularly in relation to alcohol, drugs or speed. Depending on the case, the measure is taken on instruction from the Public Prosecutor or by the competent authority.

Disqualification from driving

Sanction imposed by a judge (not by police) that prohibits driving for 8 days to 5 years. It occurs at trial, months after the facts, unlike immediate withdrawal.

Essential distinction: temporary driving ban, immediate license withdrawal and disqualification from driving are three different measures. The temporary ban related to alcohol or drugs lasts 12 hours . Immediate withdrawal temporarily deprives the driver of their license. Disqualification is a penalty imposed by a judge.

Key points to remember

Alcohol: from 0.22 mg/l, temporary driving ban for 12 hours (single duration since 1 July 2026); from 0.50 mg/l , immediate license withdrawal for 15 days and mandatory court appearance Immediate payments: 197 € (0.22–0.35), 462 € (0.35–0.44), 636 € (0.44–0.50); no immediate payment above 0.50 mg/l Professional drivers: threshold lowered to 0.09 mg/l Drugs: positive saliva test → temporary driving ban for 12 hours, report and other possible sanctions Refusal to test: temporary ban of 12 hours, immediate license withdrawal for 15 days, transaction of 735 € and prosecution Medications: some severely impair driving; mixing alcohol and medications creates a dangerous combined effect Combination alcohol + drugs: effects and risks reinforce each other Immediate withdrawal: temporary measure executed by police in prescribed cases Disqualification: penalty imposed by the judge (8 days to 5 years) Reoffence within three years: fine increases from 4,000 to 50,000 € on first reoffence, and from 8,000 to 100,000 € on second; other sanctions are also increased Alcohol-related accident: disqualification from driving for at least 3 months if there are injuries, at least 6 months in case of death, with mandatory examinations and possible alcohol interlock; no immediate payment is possible Alcohol interlock: possible at the judge's discretion from 1.02 g/l of blood (0.44 mg/l), mandatory from 1.80 g/l (0.78 mg/l), unless the judge decides otherwise No immediate payment if the offender is under 18 years old, nor when multiple reoffences are detected simultaneously and one of the offences excludes this procedure Law of 25 May 2026, in force from 1 July 2026: single duration of 12 hours, report sending deadline extended to 30 days and prescription period set at 3 years

Congratulations!

First do the quiz for this lesson to validate your learning, then practice on the exam simulator and MCQs . You have completed this entire course. Congratulations, time to practice!

BelgianLicenses

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