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New Traffic Fine in Belgium: 1,260 euros for Driving Under the Influence

All road safety experts agree: speeding, distraction, and alcohol abuse are among the top three causes of fatal accidents in Belgium. However, another issue is starting to gain a tragic place in this deadly hierarchy: the consumption of drugs is also responsible for many serious accidents on our roads. According to Vias figures cited by Federal Mobility Minister Georges Gilkinet, 5% of Belgians admit to driving under the influence of drugs. “And every day in Belgium, 33 drivers are fined for drug use while driving. The phenomenon is even more concerning among 18-34 year olds, as one in 7 young people drive under the influence of drugs. Furthermore, one-third of drivers who have used drugs admit to combining them with alcohol: an explosive combination that further multiplies the risk of accidents while driving.”

But is a fine enough? For a majority of Belgians, receiving a ticket influences their driving behavior. Half a million drug tests are conducted every year since 2010. To tackle this issue before it’s too late, Minister Gilkinet announces that two new measures will be implemented by the end of the year to more effectively combat drug use while driving.

The first measure involves more effective controls. “Over half a million drug tests are carried out each year by police officers. To make these tests more effective and ensure better identification of drivers under the influence of drugs, the control procedure has been adapted and strengthened.” The famous checklist (smell, red eyes, slow driver, etc.) that should alert police to the possibility of a driver being under the influence, before conducting a saliva test and if necessary, a blood test, will be adjusted. “This mechanism, in place for the past 10 years, will undergo two major changes. To make the tests even more reliable, a new section of indicators indicating a stronger suspicion of recent drug use has been added to the checklist. This includes the driver’s confession, smell, possession of illicit materials, a screening test conducted using a drug detection device (on the driver’s hands or dashboard, for example), or refusal to cooperate.”

Drivers can be prosecuted based on signs of influence. A section will indicate and describe signs demonstrating a state of influence or a state similar to intoxication. “Based on this, it will be possible to prosecute motorists showing signs of recent drug use even if the saliva test did not detect the substance, addressing the increasing diversity of substances in circulation. This includes ketamine or synthetic drugs, substances that are currently not detectable by saliva tests and analysis.”

The text has been submitted for review to the Council of State and is expected to come into effect by the end of the year. It will also apply to horseback riders.

The other measure directly concerns foreign drivers who could escape fines in their home country. “To put an end to this de facto impunity, any foreign driver testing positive will now have to pay a deposit of 1,260€ on the spot, or risk having their vehicle seized by the police. This amount will be held pending trial and can serve as an advance payment towards the fine that will be imposed. Additionally, the threshold for imposing a deposit on foreign drivers who test positive is lowered to 1.2 g/l of alcohol (compared to the current 1.5g/l), aligning with the blood alcohol level at which a temporary driving license is revoked.”

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