Driving bans in Belgium: the rules and how to defend yourself

For most people, a driving ban is the heaviest penalty the police court (tribunal de police) can impose. A fine is paid once. A ban affects your work, your family and your free time, sometimes for months. In legal terms, a ban imposed by the judge is called a driving ban (déchéance du droit de conduire): for a certain period, you lose the right to drive a motor vehicle.

Yet “losing your licence” does not always mean the same thing. The police can stop you from driving on the spot for a few hours. The public prosecutor (parquet) can withdraw your licence immediately. Only after that does the judge decide whether to impose an actual driving ban, for how long and on what conditions you get your licence back.

In this overview, you will find out when a driving ban is possible or mandatory, which vehicles it covers, what forms it can take (weekends only, limited to certain vehicles, suspended) and how it is enforced. We take into account the new Criminal Code and the amended Road Traffic Act (loi relative à la police de la circulation routière), both in force since 1 September 2026.

What is a driving ban?

A driving ban means that you may not drive a motor vehicle for a set period. During that period, you also may not accompany a learner driver who is driving on a provisional licence.

A ban imposed by the judge is a genuine penalty or measure, ordered in a judgment. It must be clearly distinguished from the measures the police or the public prosecutor take before any judgment. Those measures are temporary and are not penalties.

Three kinds of “driving ban”: what is the difference?

Measure	Who decides?	Duration	Legal basis
On-the-spot driving prohibition	Police	For alcohol, always 12 hours (since 1 July 2026)	Art. 60 et seq. of the Act
Immediate withdrawal of the driving licence	Public prosecutor	15 days, extendable up to 3 months	Art. 55 and 55bis of the Act
Driving ban as a penalty	Police court judge	Usually 8 days to 5 years, or longer	Art. 38 of the Act
Driving ban for unfitness to drive	Police court judge	Until you prove you are fit to drive again	Art. 42 of the Act

An on-the-spot driving prohibition takes you off the road immediately, for example after a positive breath test. Immediate withdrawal is a protective measure taken by the public prosecutor, in particular after driving under the influence, a hit-and-run or serious speeding. That period is later deducted from the driving ban imposed by the judge. Read our article on immediate withdrawal of your driving licence. The rest of this article deals with the driving ban that only a judge can impose.

When can the police court impose a driving ban?

Article 38, § 1 of the Road Traffic Act lists the cases in which the judge may impose a driving ban. The judge is therefore not obliged to. In practice, these include:

• driving under the influence of alcohol or drugs, and refusing a test;
• an accident causing injury or death through your fault (homicide dans le cadre de la circulation, i.e. causing death in road traffic, or harm to physical integrity under article 218 of the Criminal Code);
• serious breaches of the Highway Code (Code de la route) (second- and third-degree offences), such as running a red light or overtaking dangerously;
• speeding by more than 30 km/h (up to 40 km/h) outside built-up areas, or by more than 20 km/h (up to 30 km/h) in built-up areas, in a 30 zone, near a school or in a residential zone;
• driving without a valid licence, and hit-and-run;
• failing to hand in your licence after an earlier driving ban;
• a new offence when you have already been convicted three times for traffic offences in the previous three years.

The ban is then at least eight days and at most five years. In some cases it can be longer, even for life, for example for causing death in road traffic or if you are convicted again within three years for driving under the influence or hit-and-run.

For ordinary first-degree offences, such as most minor speeding offences or illegal parking, the judge cannot impose a driving ban. How the degrees work is explained in our overview of traffic offences and their degrees.

When is a driving ban mandatory?

In some situations the judge has no choice. He or she must then impose a driving ban, often with a statutory minimum and compulsory reinstatement exams (examens de réintégration).

Situation	Minimum ban	Reinstatement exams
Category B licence held for less than 2 years	Mandatory, no fixed minimum	At least the theory or practical exam
Serious speeding or fourth-degree offence	8 days, unless the judge gives reasons	At the judge’s discretion
Drunk driving	1 month	At the judge’s discretion
Repeat serious traffic offence within 3 years	3, 6 or 9 months	Four exams
Driving during a ban or withdrawal	3 months	At the judge’s discretion
Hit-and-run causing injury or death	3 months	Theory, practical and psychological
Fatal accident with alcohol, drugs or serious speeding	3 months; 1 year for a repeat offence	Four exams
Accident causing injury, under the influence and a repeat offence	6 months	Four exams

Some explanations:

• New drivers. Anyone who has held a category B licence for less than two years and is convicted of an offence committed with a motor vehicle that can lead to a driving ban automatically receives a ban. Reinstatement depends on at least a theory or practical exam (article 38, § 5 of the Act). This obligation does not apply to an accident causing minor injuries (harm to physical integrity within the meaning of article 79, 15° of the Criminal Code) or to second-degree offences.
• Serious speeding. If you drive more than 40 km/h over the limit, or more than 30 km/h over the limit in a built-up area, a 30 zone, near a school or in a residential zone, the judge in principle imposes a ban of eight days to five years (article 29, § 3 of the Act). If the judge does not want to do so, he or she must explain why. A similar rule applies to fourth-degree offences, the most serious ones in the Highway Code. Read our article on serious speeding and driving bans.
• Drunkenness. Anyone who drives while drunk, or in a similar state caused by drugs or medication, receives a ban of at least one month (article 35 of the Act). Read our article on drunkenness or alcohol intoxication.
• Repeat offences. For a new serious traffic offence within three years of a final conviction, a mandatory minimum of three, six or nine months applies, with four reinstatement exams. Read our article on repeat offences.
• Hit-and-run. For a hit-and-run causing injury or death, the ban is at least three months. Read our overview of hit-and-run.
• Fatal accident. If you are convicted both of causing death in road traffic and, for example, of driving under the influence, a ban of at least three months and four reinstatement exams follow, and at least one year if you were a repeat offender for alcohol or drugs. For an accident causing injury combined with a repeat offence, the minimum is six months (article 38, § 2 of the Act). Read our article on causing death in road traffic.

Unfitness to drive: the driving ban as a protective measure

Besides the driving ban as a penalty, there is the driving ban for physical or mental unfitness (article 42 of the Act). This is not a penalty but a protective measure. The judge must impose it if he or she finds that you are not fit to drive, for example because of an alcohol problem.

It differs from an ordinary driving ban in three important ways:

• it takes effect as soon as it is pronounced, even if you appeal;
• it has no fixed duration: it runs until you prove that you are fit to drive again;
• you must request a review yourself, at the earliest six months after the final judgment.

Everything about this measure is in our article on unfitness to drive (article 42).

New: the driving ban as a penalty for ordinary offences

The new Criminal Code, in force since 1 September 2026, introduces in article 49 a driving ban as an additional penalty for any offence committed using a motor vehicle, for example to transport drugs or to flee after a theft. It therefore does not have to be a traffic offence.

This ban lasts from six months to five years. The judge can limit it to periods outside your working activities. It only applies to acts committed after the new Criminal Code came into force. According to legal commentators, its practical enforcement still depends on a royal decree. How the courts will apply it is not yet clear.

Which vehicles does the driving ban cover?

The driving ban applies to motor vehicles. Since 1 July 2026, the Road Traffic Act itself defines that term (article 28, as amended by the Act of 25 May 2026). A motor vehicle is now: any vehicle in a category subject to driving licence rules (such as AM, A, B, C and D), as well as mopeds up to 25 km/h. The judge may also, with express reasons, extend the ban to other vehicles that he or she describes precisely (article 45 of the Act). Vehicles intended for people with severely reduced mobility that go no faster than walking pace are excluded.

What does this mean in practice?

• You may not drive a car, motorcycle, lorry or moped, unless the judgment expressly excludes that category.
• If the judge has extended the ban to other vehicles, it applies to them too. Read your judgment carefully, or have it checked, before you get back on the road.

Reinstatement exams: driving only once you have passed them

The judge can make the reinstatement of your right to drive conditional on one or more reinstatement exams (article 38, § 3 of the Act):

• a theory exam;
• a practical exam;
• a medical examination;
• a psychological examination;
• a training course whose content is determined by the King.

In some cases these exams are mandatory, for example for repeat offences. An important point: you may only get back behind the wheel once the ban has ended and you have passed all the exams imposed. Anyone who drives too soon is treated as someone driving during a ban.

The Court of Cassation clarified on 18 November 2025 that the fact that the court registry returns your licence does not prove that you have passed the exams. So always keep the certificates from the exam centres. How the medical and psychological examinations work is explained in our article on reinstatement exams.

Weekend bans and bans limited to certain vehicles

The judge can soften the ban in two ways:

• A weekend ban (article 38, § 2bis of the Act). The ban then only applies from Friday at 8 pm to Sunday at 8 pm, and from 8 pm on the day before a public holiday until 8 pm on that public holiday. On weekdays, you can drive.
• A limitation to certain categories (article 45 of the Act). The ban then only applies to certain types of vehicle, for example to cars but not to lorries. It must, however, at least cover the category with which you committed the offence.

Both options are excluded if the judge imposes reinstatement exams or an alcohol interlock (éthylotest antidémarrage). How to request such a limited ban and how it works in practice: read our article on weekend bans and bans limited to certain categories.

Can a driving ban be suspended?

Yes, partly. A driving ban imposed as a penalty can be suspended, but article 41 of the Act requires that at least eight days remain effective. The rest can be suspended, for a probation period of one to five years. If you commit a new offence during that period, the suspension can be revoked.

Not every driving ban qualifies. An alcohol interlock, for example, can never be suspended. All the conditions are explained in our article on suspended driving bans.

How is a driving ban enforced?

A driving ban imposed as a penalty does not start on the day of the judgment. The steps are as follows:

1. The judgment becomes final: no further objection or appeal is possible.
2. The public prosecutor sends you a notification with the start date.
3. The ban starts on the fifth day after that notification (article 40 of the Act).
4. You hand in your licence to the registry of the court that convicted you, within four working days of the notification.
5. When the ban ends, and after passing any reinstatement exams, you collect your licence from the registry.

If you hand it in too late, the ban is automatically extended, and failing to hand in your licence is a separate offence (article 49/1 of the Act). All the practical steps are in our article on serving a driving ban and handing in your licence.

Driving during a driving ban

Anyone who still drives during a ban, or before passing the exams imposed, commits a new serious traffic offence (article 48 of the Act). This carries a level 2 penalty and a new mandatory ban of at least three months, on top of the ban you already had. Anyone who lends a car to a person who is banned from driving can also be prosecuted.

To find out more, read our article on driving during a driving ban.

Driving ban for an unpaid fine

A driving ban can also result from a fine you do not pay. There are two schemes:

• After a payment order (ordre de paiement). If the FPS Finance fails to recover an unpaid payment order within three years, the public prosecutor orders a suspension of the right to drive of eight days, fifteen days or one month (article 65/1, § 10 of the Act).
• After a judgment. The judge can decide that a fine you do not pay within two months is replaced by a driving ban of eight days to one year (article 69bis of the Act).

How to avoid this: read our article on licence suspension for an unpaid fine.

What can a lawyer do about a driving ban?

The driving ban is often the main issue at a police court hearing. Our lawyers look in particular at the following points:

• Is a driving ban possible or mandatory here? Does the offence fall under article 38? Is the repeat-offence period correct? Had you really held your licence for less than two years?
• Can it be shorter or take another form? A weekend ban, a limitation to certain vehicles or a partial suspension must be specifically requested and justified.
• Are reinstatement exams necessary? They extend the period without a licence and rule out a weekend ban.
• The documents that matter. A certificate from your employer, your driving record or your family responsibilities show why a particular form of ban is reasonable.
• Procedure and limitation periods. Read our articles on errors in the police report and the limitation period for traffic offences.

Conclusion

A driving ban is never automatic. The judge often chooses whether to impose one, for how long and in what form. Even when the law sets a minimum, there is usually some room as to how it is carried out. After the judgment, the practical rules matter: the notification, handing in your licence on time and the reinstatement exams. One mistake can extend your ban or lead to new proceedings. Have you received a summons (citation) to appear, or a letter from the public prosecutor about your driving ban? Contact us for an initial consultation.

Frequently asked questions