Driving during a driving ban or licence withdrawal in Belgium: the consequences

For many people, a driving ban is hard to stick to. Work is far away, public transport is limited, and “a quick trip to the shop” seems harmless. Yet driving during a ban is one of the most heavily punished traffic offences. The judge sees it as disregarding an earlier court decision, and the law leaves the judge little choice: a new ban of at least three months always follows.

This does not only apply to a driving ban (déchéance du droit de conduire) imposed by a judge. Anyone who drives during an immediate withdrawal of their licence, before passing their reinstatement exams (examens de réintégration), or without the alcohol interlock (éthylotest antidémarrage) they were ordered to use, also faces serious consequences. In this article we go through these situations. How a driving ban works in general is explained in our guide to the driving ban. For hit-and-run, we refer you to our guide to hit-and-run, where the driving ban plays a central role.

When are you driving during a ban?

The driving ban

The driving prohibition imposed by a judge is legally called a driving ban (déchéance du droit de conduire). It does not start on the day of the judgment. The public prosecutor (parquet) tells you when it starts, once the decision has become final. Under article 40 of the Road Traffic Act, the ban takes effect on the fifth day after that notification. Until then, you can in principle still drive.

If you hand in your licence at the court registry too late, your ban is automatically extended. The law adds the days between the fifth day after notification and the day you actually hand in your licence. How this works in practice is explained in our article on serving a driving ban and handing in your licence.

Which vehicles does the ban cover?

A ban covers motor vehicles. Since 1 July 2026, the Road Traffic Act itself specifies what this includes (article 28): any vehicle in a licence category (such as AM, A, B, C and D) and mopeds up to 25 km/h. During a ban, you may therefore not drive, among other things:

• a car, a motorcycle or a lorry;
• a moped, even a small moped up to 25 km/h.

The judge can also limit the ban to certain licence categories, for example only category B. The prohibition then does not apply to other vehicles. So always read carefully what the judgment says.

The ban also applies to anyone acting as the accompanying person of a driver with a provisional licence. During your ban, you therefore cannot act as an accompanying person either.

Reinstatement exams

If the judge imposed reinstatement exams, such as a theory or practical test, or a medical or psychological examination, you may only drive again after passing all of the exams imposed. Even if the ban itself ended long ago. Anyone who drives after the ban has ended but before passing is treated as driving during a ban.

Be careful: the fact that the court registry returns your licence does not prove that you have passed the reinstatement exams. The Court of Cassation confirmed this in a judgment of 18 November 2025. You must check yourself that you have passed all the exams imposed, and keep proof of this. More information in our article on reinstatement exams.

Immediate withdrawal

If the public prosecutor had your licence withdrawn immediately, for example after a positive alcohol test or a hit-and-run, you may not drive for the duration of the withdrawal, even if the judge has not yet ruled. Anyone who drives anyway commits an offence under article 30, §3, of the Road Traffic Act. See our article on immediate licence withdrawal.

The alcohol interlock

If the judge imposed an alcohol interlock, during that period you may only drive a vehicle fitted with one. Driving another vehicle, or a vehicle whose alcohol interlock has been disconnected, is an offence. See our article on the alcohol interlock.

What penalty do you face?

Since 1 September 2026, penalties are expressed in the penalty levels of the new Criminal Code.

Situation	Statutory article	Penalty level	Mandatory new ban
Driving during a ban imposed by a judge	Art. 48, §1, 1°	Level 2	3 months to 5 years or permanent
Driving without having passed the reinstatement exams	Art. 48, §1, 2°	Level 2	3 months to 5 years or permanent
Driving during an immediate withdrawal	Art. 30, §3	Level 2	3 months to 5 years or permanent
Driving without the alcohol interlock imposed	Art. 37/1, §4	Level 2	At least as long as the alcohol interlock period
Repeat offence of driving during a ban within 3 years	Art. 48, §2	Level 3 possible	See repeat offences

For driving during a ban and driving without an alcohol interlock, the law also provides a specific, high fine. It also applies when the judge opts for a lower level because of mitigating circumstances.

The new ban comes on top of the ban you already had to serve. Someone who had a six-month ban and is caught after two months therefore faces the rest of that ban plus a new ban of at least three months, often with reinstatement exams.

Other consequences

Confiscation and immobilisation

Because the new ban lasts at least three months, the judge can confiscate the vehicle if it belongs to you. The judge can also order the temporary immobilisation of the vehicle for the duration of the ban. Anyone who uses, or has someone else use, an immobilised vehicle anyway commits a new offence.

Repeat offences and cross-repeat offences

Driving during a ban is on the list of serious traffic offences in article 38, §6, of the Road Traffic Act. A previous conviction within three years, for example for driving under the influence, hit-and-run or driving without a licence, then leads to a mandatory ban of at least 3, 6 or 9 months and four reinstatement exams. See our article on repeat offences.

Letting a banned person drive

The owner, the employer or anyone else who entrusts a vehicle to someone under a driving ban is also committing an offence, punishable by a level 1 penalty. So always check that the person you lend your car to is allowed to drive.

Insurance

If you cause an accident during a ban, the motor liability insurer compensates the victim. It can then recover that amount from you, because you did not meet the legal conditions for driving. These can be very large sums.

Limitation period

Driving during a ban becomes time-barred after three years from the day of the facts. See our article on the limitation period for traffic offences.

Defence

The room for a defence is limited, but it exists. Our lawyers look in particular at:

• Had the ban already started? Was the start date properly communicated to you? Was the judgment already final? A ban that has not yet taken effect cannot be breached.
• Which vehicles did the prohibition cover? If the judge limited the prohibition to certain categories, driving a vehicle outside those categories is not an offence.
• Which reinstatement exams were imposed? The judgment is sometimes unclear about the conditions for getting your right to drive back.
• Were you the driver? See our article on identifying the driver.
• The circumstances. A medical emergency or an exceptional situation does not change the mandatory minimum, but it carries weight in setting the length above that minimum.

Frequently asked questions

Have your case reviewed

Have you been caught driving during a ban or a withdrawal? We check whether the prohibition was really in force at that moment and for which vehicles, and we prepare your defence. Contact us. Also read our article on driving without a valid licence.

Law as at 30 September 2026. We update this article when the rules change.