Drunk Driving in Belgium: Penalties, Limits and Procedures
Alcohol remains the number one killer on Belgian roads. Every year, about 1 in 4 fatal accidents involves a driver under the influence. Belgian law takes this very seriously: even a first offense can result in license disqualification and fines of several thousand euros. If you're reading this, you're probably facing charges or want to understand your rights. Here's what you need to know about drunk driving in Belgium.
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Reinstatement exams: the mandatory process
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.
As of 2025, these exams cost €800. Add this to fines, lawyer fees and insurance impact – drunk driving becomes very expensive very quickly.
Questions fréquentes
What is the legal blood alcohol limit for driving in Belgium?
Belgium sets the legal limit at 0.5g/L of blood alcohol (0.22 mg/L in breath) for regular drivers, and 0.2g/L of blood alcohol (0.09 mg/L in breath) for drivers with less than 2 years experience or professional drivers. Exceeding these limits can result in fines, license suspension, or imprisonment depending on severity.
Can I refuse a breathalyzer test during a police check in Belgium?
No, refusing a breathalyzer or blood test during a police traffic control is illegal in Belgium and constitutes a criminal offense. Refusal carries the same or sometimes harsher penalties than a positive test, including fines up to €5,000 and license suspension. If you believe the test was conducted improperly, you can contest it later with legal assistance.
What happens if I'm caught driving drunk a second time in Belgium?
A second drunk driving offense within 10 years results in significantly increased penalties: fines up to €20,000, mandatory license suspension (minimum 40 days), and possible imprisonment up to 5 years. You may also be required to complete a rehabilitation program and install an alcohol interlock device in your vehicle before relicensing.
How long does a drunk driving conviction stay on my Belgian driving record?
A drunk driving conviction remains on your official record indefinitely, but the points system consequences typically last 2-5 years depending on severity. Insurance companies may continue to apply increased premiums for 3-5 years. Consulting with a Belgian traffic law specialist can help you understand the long-term implications for your specific case.
Quand consulter un avocat ?
- Blood alcohol above 1.2‰ with court summons
- Repeat offense within 3 years
- Accident while intoxicated
- Your job requires keeping your license
- You want to challenge the procedure or tests