Drug testing in traffic

At the end of 2023, the Ministers of Justice and Mobility announced that police services will henceforth conduct a drug test after every accident. Previously, this practice was limited to accidents involving injuries. How does such a drug test actually work, and what are the consequences?

Standardized checklist

Initially, the police officer goes through the "standardized checklist." This is a list of indicators of recent drug use (such as dilated pupils, dry lips, nervous behavior, etc.). If at least three of these indicators are met, a saliva test is administered.

Saliva test

Anyone who has caused a traffic accident can immediately be subjected to a saliva test without first going through the checklist.

In this phase, the police officer will administer a saliva test. A sample is taken from the inside of your cheek using a cotton swab. Within five minutes, the test will reveal whether and which drugs you have used in the past few hours.

If you refuse to take a saliva test, a doctor will be called to the scene. They will assess whether you have a legitimate reason to refuse the test. This is the case, for example, if you are allergic to polyester. Refusing a saliva test without a legitimate reason is punishable.

Saliva or blood analysis

If you test positive on the saliva test, a saliva analysis will be taken in a third phase.

A new saliva sample is collected and submitted to an accredited laboratory. The result of this saliva analysis serves as proof.

If you refuse a saliva test, a doctor will be called to your location. If it turns out you refused without a legitimate reason, you will be liable to prosecution.

If it is not possible to perform a saliva analysis, a physician must come on site to take a blood test.

What about the costs?

Anyone who tests positive for drugs or refuses without a legal reason must pay the costs of this saliva test, saliva analysis or blood analysis themselves.

What are the punishments?

If the saliva or blood test tests positive for drugs, or if you refuse a saliva test or saliva analysis without a legal reason, you will be summoned to appear before the police court.

In both cases, the fine is between €1,600.00 and €16,000.00. The court can also impose a driving ban of at least eight days.

In addition, the judge can always make the reinstatement of the right to drive dependent on passing a theoretical exam, practical exam, medical test and/or psychological test.