Driving License Withdrawal in Belgium: Procedures, Appeals and Recovery

Confusion is common, yet the distinction is fundamental. Immediate license withdrawal is an administrative measure taken on the spot by police during a check. No judge, no procedure: the officer notes the offense and physically takes your license. This measure is temporary – usually 15 days – and aims to remove an immediate danger from the road.

Driving disqualification, however, is a criminal penalty pronounced by the police court. It occurs after judicial proceedings and can last from 8 days to 5 years, or even be permanent in the most serious cases. The judge decides after hearing your defense.

In practice, you can face both: a 15-day immediate withdrawal followed, months later, by a judicial disqualification of several months. The periods don't automatically offset each other – a reality many drivers discover bitterly.

Since June 1, 2023, the rules have tightened. The 15-day immediate withdrawal now applies from 0.50 mg/l of alcohol in exhaled air (previously 0.65 mg/l), approximately 1.2‰ blood alcohol. Above 0.78 mg/l (1.8‰), withdrawal can range from 6 hours to 15 days depending on police and prosecutor assessment.

But alcohol isn't the only cause. Here are situations that systematically trigger immediate withdrawal:

• Speeding over 40 km/h on regular roads or 30 km/h in urban areas • Driving under drug influence (positive saliva test) • Hit and run after an accident • Driving despite an ongoing disqualification • Refusing a breathalyzer or drug test

For judicial disqualification, the police court mandatorily imposes this penalty for 4th degree offenses: speeding over 40 km/h, serious intoxication, repeat offense within 3 years. In 2023, over 80% of 8.4 million traffic violations involved speeding.

Recovering your license after disqualification isn't automatic. The judge can – and in some cases must – make reinstatement conditional on passing exams. This is mandatory for drunk driving or repeat offenses.

Reinstatement exams take place at approved centers: VIAS (formerly IBSR), ExpertConsult, IPMT or Accès Conduite. They include two components:

Psychological exam: questionnaires about your alcohol and drug consumption, your driving personality. Computer tests measure reaction times and risk assessment ability.

Medical exam: evaluation of your physical fitness to drive, particularly if alcohol or drugs may have affected your abilities.

After the exams, the doctor and psychologist issue a joint opinion. If declared fit, you can recover your license from the court once your disqualification period ends. If declared unfit, you must wait 6 months before retaking the exams.

From January 2026, the total cost of reinstatement exams will be €550 (€425 for psychological, €125 for medical).

Beyond the initial fine, license withdrawal generates a cascade of costs that many underestimate.

Fines and immediate payments: • Blood alcohol 0.8‰ to 1.2‰: €400 • Blood alcohol 1.2‰ to 1.5‰: €550 • Blood alcohol > 1.5‰: mandatory court, fine from €1,600 to €16,000 • Repeat alcohol offense within 3 years: €3,000 to €40,000

Court fees: • Contribution to victim assistance fund • File and registry fees

Reinstatement exams: €550 (from 2026)

Lawyer fees: between €150 and €300 per hour depending on experience and case complexity. For complete defense at police court, expect €800 to €2,500.

Not to mention indirect costs: lost income if your job requires a license, alternative transport costs, impact on car insurance which may cancel your policy or drastically increase your premium.

Contesting an immediate withdrawal is difficult but not impossible. This administrative measure can be appealed to the Public Prosecutor as soon as possible. Your lawyer can argue procedural defects: uncalibrated measuring device, failure to respect the legal interval between two breath tests, failure to mention rights...

For judicial disqualification, you have several options:

Before judgment: your lawyer can challenge evidence (breathalyzer calibration, official report regularity, language procedure compliance). Police reports have special evidentiary force in Belgium – they're presumed true until proven otherwise – but contrary evidence can be provided.

After judgment: you have 15 days to appeal to the Court of Appeal. This is often the last resort to reduce the disqualification period.

Accommodation request: if disqualification jeopardizes your employment, the judge may grant a limited license for work trips. This exceptional measure requires solid arguments and proof of absolute necessity.

Before the police court, you're not required to have a lawyer. But in practice, appearing alone is rarely a good idea. Traffic law is technical, the stakes are high, and the judge sees dozens of cases per hearing.

A traffic law specialist knows the procedural subtleties. They know which arguments work with which judge. They can identify irregularities in your file that you would never have spotted: a territorial jurisdiction issue, an error in the breathalyzer calibration chain, a formal defect in the summons.

Most importantly, the lawyer can negotiate. Before the hearing, they can contact the prosecutor to propose a settlement or plead mitigating circumstances. During the hearing, they can request a suspended sentence – your disqualification won't be enforced if you commit no serious offense during a probation period.

Your presence at the hearing isn't mandatory if you're represented by a lawyer. They have a mandate to plead on your behalf. For road professionals – drivers, salespeople, craftsmen – whose jobs depend on their license, this specialized representation isn't a luxury, it's a necessity.