Driving under the influence: what are the risks and penalties in Belgium?

In 2023, more than 21,000 motorists will lose their license fordriving under the influenceof alcohol in Belgium. This alarming statistic reveals the scale of a problem that affects all drivers, whether occasional or professional. Beyond the immediate fine, the consequences of a positive test can disrupt your life for months or even years. Faced with this legal complexity and the considerable challenges, the expertise ofMaster Innocent TWAGIRAMUNGU, experienced lawyer in Brussels, becomes essential to defend your rights. Understanding the graduated system of sanctions and defense procedures can mean the difference between a temporary ban and the permanent loss of your mobility.

• Limit rate lowered to 0.50 mg/l AAEsince June 2023: immediate withdrawal of the permit possible for up to 180 days (renewable extension)
• Immobilizer breathalyzer test mandatory in the event of a repeat offensewith rate ≥ 1.2‰: possibility of refusing but total ban on driving with severe criminal sanctions in the event of non-compliance
• Reintegration exams up to €491without possibility of appeal: sovereign decision of medical and psychological experts
• VIAS training adapted according to severity: 10 hours for mild intoxication (€310) or 20 hours for serious cases (free if imposed by the judge)

What fines do you risk depending on your blood alcohol level or in the case of drugs?

The Belgian system of sanctions fordriving under the influenceworks in progressive stages. Between 0.22 and 0.35 mg/l of exhaled alveolar air (AAE) – or 0.5 to 0.8 g/l of blood – the fine amounts to179 euros. This amount rises to420 eurosfor a level between 0.35 and 0.44 mg/l AAE. Beyond this threshold, an immediate transaction is no longer possible and the case is systematically referred to court.

The legal sanctions turn out to be much heavier. The judge can impose a fine ranging from1,600 to 16,000 euros, with a prison sentence of 8 days to 2 years. For drugs, no transaction exists: the effective fine starts directly at 1,600 euros, which can reach the same maximum amounts as for alcohol.

Let’s take the example of a Brussels salesperson tested with 0.60 mg/l AAE after a business lunch. Not only will he have to appear before the police court, but he risks a minimum fine of 1,600 euros and disqualification from driving which could compromise his professional activity.

Please note:Since May 1, 2024, the 15-minute waiting period before the breath test has been eliminated thanks to new generation breathalyzers. Law enforcement can now carry out the inspection immediately, making attempts to contest based on this delay obsolete.

How is your license affected immediately after the test?

Since June 2023, the threshold for immediate withdrawal of the permit has beenlowered from 0.65 to 0.50 mg/l AAE, or approximately 1.2 g/l of blood. This measure now affects more drivers who previously kept their license while awaiting their judgment. Immediate withdrawal may last up to15 days, but the King’s Prosecutor has the option of extending it up to 90 days (extension renewable once by court decision, bringing the theoretical maximum to 180 days).

Professional drivers face even stricter rules. With a threshold set at only0.09 mg/l AAE(0.2 g/l of blood), a taxi or bus driver can lose his livelihood for a simple glass of wine consumed during his lunch break. The judicial forfeiture which will follow may extend from 8 days to 2 years depending on the seriousness of the facts. Employers also have a legal obligation to regularly check the validity of their drivers’ licenses, particularly in the passenger transport, dangerous goods and emergency vehicle sectors.

This immediate sanction disrupts daily life. How to take children to school? How to get to work? These practical questions require a complete reorganization, hence the importance of quickly preparing your defense with a lawyer.

An international truck driver based in Liège had his license withdrawn after a test revealing 0.55 mg/l AAE during a weekend. Despite his argument that he only drove his personal vehicle and not his truck, the prosecutor’s extension of the withdrawal to 90 days forced him to request temporary professional reclassification. His employer, required to check the validity of the permits monthly, had no choice but to reassign him to the logistics department, with a loss of income of 30%.

Repeat driving under the influence: what worsening since 2024?

Recidivism inthree yearsautomatically results in mandatory minimum sanctions (the calculation of this period starts from the date of the final judgment of the first conviction, not from the date of the facts). A first recurrence imposes a forfeiture of at least 3 months, the second of 6 months, and the third of 9 months. These durations apply even if the judge would like to be more lenient, considerably limiting his room for maneuver.

An important novelty concerns theimmobilizer breathalyzer. In the event of a repeat offense with a blood alcohol level of at least 1.2‰ (0.50 mg/l AAE), its installation becomes compulsory for a minimum period of one year. In 2024, 1,282 devices have already been installed in Belgium, with 2,518 drivers followed in support programs. It is however possible to refuse this system by opting for a total ban on driving during the entire test period, but be careful: any non-compliance with this ban results in penalties of 15 days to 2 years in prison and a fine of €4,000 to €16,000.

The penalties literally double if you drive during your withdrawal period. Imprisonment can then reach3 months to 2 years, accompanied by a fine of 1,600 to 16,000 euros. Cross-recurrence also constitutes an aggravating circumstance: combining driving under the influence and speeding, or alcohol and hit-and-run, multiplies the legal consequences.

For foreign drivers, a new measure has imposed since 2024 theimmediate deposit of 1,260 eurosfor non-residents controlled with a level greater than 0.50 mg/l AAE. This sum guarantees the payment of the future fine, thus avoiding impunity for passing offenders.

Advice :If you are a repeat offender, document precisely the dates of your previous convictions. The three-year period is calculated from date to date between final judgments, not between offenses. A miscalculation by the prosecution can constitute an effective defense in court.

What are the stages of the legal procedure after a positive test?

Between the positive test and the court hearing, several months generally pass. You will first receive a summons specifying the alleged facts and the hearing date. During this period, the public prosecutor’s office will send you a letter concerning there-entry examsobligatory.

These exams include four potential components: theoretical (15 euros), practical (36 euros), medical (100 euros) and psychological (340 euros). The total cost can therefore reach491 euros. You have one month to choose your exam center, otherwise an automatic allocation will be made in the Brussels region. It is crucial to understand that no appeal is possible against the decisions rendered during these examinations: medical and psychological experts render a sovereign decision without an appeal procedure.

The psychological examination lasts approximately two hours and consists of three phases: an in-depth interview, personality questionnaires and computer tests assessing your reflexes and alertness. The medical examination verifies your compliance with the standards of Appendix 6 of the Royal Decree of March 23, 1998. Three outcomes are possible: total fitness with immediate recovery of the license, temporary incapacity requiring a new test in six months, or conditional fitness with restrictions.

How to minimize the consequences of driving under the influence?

The first golden rule:never refuse the breath test. This refusal constitutes an obstruction punishable by the same sanctions as driving under the influence itself, with aggravating circumstances. Contact an attorney immediately, ideally upon inspection or at the latest upon receipt of the summons.

Create a solid file including medical certificates, professional certificates and proof of personal procedures. These elements demonstrate your awareness and reassure the court. Spontaneously offer to follow aVIAS trainingas a probative condition. Two options exist: the 10-hour « Light Intoxication » training divided into 2 sessions for €310 intended for less serious offenses, or the 20-hour « Driving under the influence of alcohol » training which normally costs 790 euros but becomes free when imposed by the judge.

• Request an adjustment to the forfeiture rather than a total ban (limited to weekends, certain vehicles or geographical areas)
• Check the regularity of the procedure, particularly in the event of a default judgment serving as a basis for a repeat offense
• Offer voluntary medical or psychological follow-up to demonstrate your commitment
• Consider regular PETH-marked blood tests to prove your abstinence

Don’t forget the civil consequences. Your insurance may exerciserecursive actionup to 31,000 euros if a causal link exists between your state of intoxication and an accident. However, the insurer must notify you by mail of its intention to exercise this recourse within strict deadlines, which may constitute a means of defense if this procedure is not scrupulously respected. Omnium generally denies compensation for driving under the influence, leaving repairs to your vehicle entirely up to you.

Please note:The VIAS training offered spontaneously before the hearing constitutes a strong signal sent to the judge. This voluntary approach, accompanied by a follow-up certificate, can positively influence the final decision and make it possible to obtain evidentiary measures rather than firm forfeiture.

Faced with the complexity of traffic law and the dramatic consequences ofdriving under the influence, the support of an experienced lawyer makes all the difference. Maître Innocent TWAGIRAMUNGU, with nearly 20 years of experience since 2005, has a perfect mastery of these procedures and their subtleties. Herexpertise in criminal and traffic lawallows it to identify procedural defects and negotiate the best conditions for its clients. His Brussels office offers an approach that is both rigorous and human, essential in these difficult times. Whether you are faced with a first offense or a repeat offense, Maître TWAGIRAMUNGU will defend your interests and minimize the impact on your professional and personal life. Don’t wait for the hearing to act: contact his office now to effectively prepare your defense.