Drunk Driving in Belgium: Penalties, Limits and Procedures

Belgian law sets the limit at 0.5‰ blood alcohol (0.22 mg/l exhaled air) for regular drivers. For professional drivers (license C, D) and novice drivers (first 2 years), the limit drops to 0.2‰.

Police measure alcohol two ways:

Breathalyzer (exhaled air): the roadside device gives an immediate result. If positive, a second test is done 15 minutes later on an approved device.

Blood test: ordered by police or at your request if you dispute the breathalyzer. Results take several weeks but provide court evidence.

Important: what you feel doesn't match reality. After two standard drinks, most people already exceed 0.5‰. Body weight, metabolism, stomach contents – everything influences the result. 'I only had two beers' won't impress a judge.

Belgian law distinguishes several levels:

0.5‰ to 0.8‰ (first offense): immediate payment of €420. No disqualification, no court.

0.8‰ to 1.2‰: €400 fine + possible immediate withdrawal for 6 hours. For recidivists, court is mandatory.

1.2‰ to 1.5‰: €550 fine + possible immediate withdrawal for 6 hours. For recidivists, court and disqualification.

Above 1.5‰: automatic court summons. Fine from €1,600 to €16,000, disqualification from 1 month to 5 years, mandatory reinstatement exams.

Drunk state (inability to control vehicle): potential imprisonment up to 6 months. This is the most serious qualification.

Recidivism within 3 years: penalties double or triple. Second offense at over 1.5‰ can lead to €40,000 fine and permanent disqualification.

Since June 2023, police have broader immediate withdrawal powers. As of 0.5 mg/l exhaled air (about 1.2‰ blood), the officer takes your license on the spot for 15 days.

This administrative measure is separate from later judicial proceedings. In other words, you lose your license immediately, and months later you may face court-imposed disqualification on top.

The officer returns your license after 15 days unless the prosecutor extends the measure. During this period, driving is strictly prohibited – not even for work. Driving anyway means immediate vehicle impoundment and criminal prosecution.

Practically speaking: if you're stopped above the threshold, you leave your vehicle on site or have it retrieved. No negotiation possible. The officer may call a taxi or contact someone to pick you up, but you won't be driving home.

For blood alcohol above 1.5‰ or repeat offense, the judge must order reinstatement exams. You can't recover your license until you've passed them.

The exams take place at approved centers (VIAS, ExpertConsult, IPMT). They include two parts:

Psychological exam: detailed questionnaires about your alcohol consumption, your driving habits, your risk perception. Computer tests measure reaction time and judgment.

Medical exam: physical evaluation, particularly looking for signs of chronic alcohol use (liver enzymes, general condition).

The examiner's goal: determine if you can drive safely. Passing isn't automatic – about 20% of candidates are declared unfit on first attempt. If unfit, you wait 6 months before retrying.

From 2026, these exams cost €550. Add this to fines, lawyer fees and insurance impact – drunk driving becomes very expensive very quickly.

Challenging a drunk driving case is difficult but not impossible. Several angles exist:

Procedural compliance: was the 15-minute interval between two tests respected? Was the device properly calibrated? Were your rights properly explained? Any failure can lead to evidence exclusion.

Test challenge: you can request a blood test if you dispute the breathalyzer. Blood test results take precedence over breathalyzer. However, you must request this explicitly at the time of the check.

Mitigating circumstances: context matters. A first offense, clean driving history, critical need for license for work – the judge considers these elements.

Suspended sentence: your lawyer can plead for suspension. You keep your license provided you commit no offense during probation (usually 3 years). This is often the best outcome to hope for.

Important: denial or aggression toward police work against you. A cooperative attitude, even while exercising your rights, is always better perceived.

A drunk driving conviction ripples well beyond justice.

Insurance: your insurer can terminate your contract or exclude drunk driving from coverage. Finding a new insurer after conviction becomes difficult and expensive – expect premiums 2 to 3 times higher.

Employment: for professional drivers, conviction usually means contract termination. For other professions, loss of license can lead to dismissal if travel is required.

Criminal record: court conviction is recorded on your criminal record. This can affect certain professional opportunities.

Civil liability: in case of accident while drunk, you're personally liable. The insurer may recover sums paid to victims from you. This can mean tens or hundreds of thousands of euros.

Family and social: license loss for several months disrupts daily life, work, school runs, medical appointments. The human and relational cost is often underestimated.