Driving Under the Influence of Drugs in Saudi Arabia: Penalties

A traffic patrol in Dammam stops a young man after erratic driving, and a test shows a narcotic substance. The direct answer: he faces two penalties. The first is a traffic penalty: driving a vehicle under the influence of an intoxicant, a drug, or a medicine that warns against driving is listed in violation schedule No. 7 of the Traffic Law, and under Article 68 the penalty is a fine from SAR 5,000 to SAR 10,000 with impoundment of the vehicle. The second is criminal: the drug use itself is punished under Article 41 of the Anti-Narcotics Law with imprisonment from six months to two years. Paying the traffic fine does not exempt him from the public right: the criminal case continues on its own track. If an accident caused deaths, the chance of closing the investigation as a first offence is lost.

Is drug driving a traffic violation or a crime in Saudi Arabia?

Both. When a person is stopped while driving under the influence of a narcotic substance, it is not only a traffic violation. The Traffic Law treats driving in this state as a danger on the road, and the Law on Combating Narcotic Drugs and Psychotropic Substances (the Anti-Narcotics Law) treats the use itself as a crime. Article 3 of the Anti-Narcotics Law expressly lists "using" drugs among the prohibited acts, alongside possession, transport, sale and others.

So you may face two tracks at the same time: a traffic procedure concerning the vehicle, the licence and the violation, and a criminal case concerning the drug use. If an accident harmed someone else, the private rights claimed by those harmed may be added.

What is the penalty for drug use under the Anti-Narcotics Law?

Article 41 sets imprisonment of not less than six months and not more than two years for anyone who commits one of the acts made crimes in Articles 37 and 38 for consumption or personal use, outside the cases permitted by law. This is the basic penalty for a user, whether he is caught on the road or elsewhere.

The same article lists two cases where the penalty is heavier:

• The user is responsible for combating drugs or supervising their possession and circulation, or has a work connection with them.
• He uses the substance, or is under its influence, while performing his work.

The second case matters for people whose work includes driving, such as transport, delivery or bus drivers. If such a driver is caught under the influence of a drug while working, this may be treated as one of the aggravating cases in Article 41.

Can a first-time case be closed after an accident?

Article 42 gives a chance to a person caught using a drug for the first time: the investigation may be closed if certain conditions are all met:

• The accused is not older than twenty.
• The use is not connected with a criminal offence that requires examination under Sharia.
• It is not connected with a traffic accident that caused deaths and created private rights against him.
• He did not resist strongly when arrested in a way that harmed the arresting officers or others.

The third condition concerns driving directly. A person who, under the influence of a drug, causes a traffic accident that results in deaths and private rights cannot benefit from this chance, even if it is the first time. And even when all conditions are met, closure is allowed, not required. It is up to the investigating authority.

An accident also changes the question of detention. Attorney General's Decision No. (1) dated 1/1/1442H lists as a major crime requiring detention any traffic accident that happens while driving under the influence of alcohol, drugs or psychotropic substances if it causes death, loss of a limb, loss of a bodily function, or an injury that takes more than 21 days to heal. If the substance is shabu (methamphetamine), Attorney General's Decision No. (110) dated 1/9/1446H adds every connected offence, including use, to the major crimes even without an accident, as reported in the local press.

What if the drug is found with you in the car?

Article 41 is not limited to proven use. It refers to the acts made crimes in Articles 37 and 38, including possession, when done for consumption or personal use. If a substance is found with you in the car, you may be charged with possession for use in addition to driving under the influence.

If the investigating authority considers that the possession was for a purpose other than personal use, the charge and penalty change completely, because Articles 37 and 38 set much heavier penalties. So it is important to know which description has been given to you before taking any step.

Can treatment be sought before getting behind the wheel?

A person who knows he has a drug problem has a chance that a person who is caught does not have. Article 42 states that no case is brought for use or addiction against a person who comes forward himself, or whose parent, child, spouse or relative comes forward asking for his treatment, on condition that he hands over any substances or shows where they are. Article 43 also allows an addict to be placed in a treatment centre instead of being punished for drug use. The order is made by the court after a conviction, based on a report of the Addiction Cases Committee that the Public Prosecution files with the case; one of the cases is an addict convicted of drug use that is not combined with another crime. Treatment lasts from six months to two years, and the court may go below the minimum for valid reasons. An addict who has already been placed in a centre twice by court order cannot benefit again unless three years have passed since the last order (Article 32 of the Implementing Regulations). Stopping driving until treatment is complete protects you and others.

What about prescribed medicine?

The Article 41 penalty applies to use "outside the cases permitted by law". A person who takes a medicine containing a controlled substance under a lawful prescription is not treated as a drug user under this law. Keep the prescription and proof that the medicine was dispensed to you. They explain your position if you are asked to take a test.

But this does not mean driving under the influence of the medicine is allowed in every case. Some medicines affect attention and reaction speed, and the traffic side of this is separate from the Anti-Narcotics Law. Ask your doctor how the medicine affects driving before you get behind the wheel.

What are the traffic consequences?

Violation schedule No. 7, added to the Traffic Law by Royal Decree M/70 of 1437H, lists driving a vehicle under the influence of an intoxicant, a drug, or a medicine that warns against driving. Article 68 punishes the violations in this schedule with a fine of not less than SAR 5,000 and not more than SAR 10,000, with impoundment of the vehicle until the violation is removed, without prejudice to any heavier penalty in another law. Points are recorded on the driver's record, and the licence is withdrawn when the maximum is exceeded (Article 76). You may object to the violation before the competent court within thirty days of being notified of it (Article 75). Paying the traffic fine does not exempt you from the public right (al-haq al-aam): the criminal case for drug use or driving under the influence stays open before the Public Prosecution and the Criminal Court, and Article 68 itself states that its penalty is without prejudice to any heavier penalty.

After a conviction for drug use, your right to a licence itself is affected. Article 36(4) of the Traffic Law requires that an applicant for any driving licence has not been convicted by a court of using, possessing or dealing in drugs, unless he has been rehabilitated. A convicted Saudi is banned from travel after his prison term ends for an equal period of at least two years, and a non-Saudi is deported (Article 56 of the Anti-Narcotics Law).

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for the driver and the injured party

If you were stopped while driving:

• Find out the exact charge: use only, possession, driving under the influence, or an accident with private rights.
• If you take a medicine on prescription, present the prescription immediately with proof that it was dispensed to you.
• Do not sign a record you have not read, ask for an interpreter if needed, and ask for a lawyer during the investigation.
• If someone was harmed, settle their private right in a documented way. Settlement does not cancel the public right, but it affects the case.

If you were harmed by a driver under the influence:

• Document injuries and damage with medical reports and the accident report.
• Claim your private right in the same case or in a separate lawsuit.
• Do not accept a settlement before the full extent of the damage and the treatment costs is clear.

These cases combine criminal, traffic and compensation issues in one file. Send us the details on WhatsApp, and we will help you set priorities according to the stage of the case.