Alcohol in traffic
Driving under the influence of alcohol
Driving under the influence of alcohol is one of the most common reasons for being summoned before the police court. The Belgian legislator regards this as a serious traffic offence, with potentially severe consequences for your driving licence, criminal record and insurance.
Yet there are often legal nuances with which a specialised lawyer can make a real difference.
- When are you liable to prosecution?
- Possible penalties
- Traffic lawyer
- Important
When are you liable to prosecution?
You are liable to prosecution as soon as your blood alcohol level reaches 0.5 ‰ or more (0.22 mg/l of breath).
From that threshold onwards, the police can immediately withdraw your driving licence for 6 to 15 days.
At higher levels, a summons before the police court almost always follows.
- 0.5 – 0.8 ‰ → Fine and possible temporary driving ban
- 0.8 – 1.5 ‰ → Mandatory summons, driving ban from 8 days to 5 years
- > 1.5 ‰ or refusal of the test → Serious offence, high fine, compulsory re-examinations and assessments
If the offence is repeated within 3 years, the penalties can be doubled and the judge may withdraw your driving licence permanently.
Possible penalties
The police court has broad discretionary powers, but will take into account your alcohol level, driving behaviour, any repeat offences and your personal circumstances.
Possible sanctions:
Fine between €1,600 and €16,000 (after surcharges)
Driving ban from 8 days to 5 years (mandatory above 0.8 ‰)
Re-examinations: theory, practical test, medical and psychological assessments
Suspended sentence or deferment of sentence possible in case of a first offence and favourable circumstances
A traffic lawyer can check:
whether the testing procedure was carried out lawfully (many mistakes occur in practice)
whether the summons was properly served
whether there are any mitigating circumstances
and argue for a suspended sentence or a reduction of the driving ban
Important
A conviction for alcohol intoxication has consequences not only for your driving licence, but also for your insurance and criminal record.
With expert assistance you can:
have the procedure checked properly
prepare your defence
and limit the damage as much as possible, both legally and in practice
Contact us if you are summoned for driving under the influence of alcohol.
We analyse your file, prepare an appropriate defence and help you keep your driving licence.
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