Contents
Someone appearing before the police court (tribunal de police) judge for the first time for driving under the influence often still has some room for manoeuvre: the judge can choose a limited penalty, a short driving ban, or even a lenient decision. Someone who offends again within three years enters a completely different regime. The law then imposes minimum penalties, and the judge has much less room for manoeuvre.
This article is part of our guides to drink driving and drug driving.
When is there a repeat offence?
There is a repeat offence if you commit a new offence within three years of a previous conviction for one of the serious traffic offences listed in Article 38, §6 of the Road Traffic Act (loi relative à la police de la circulation routière). These include driving under the influence of alcohol from 0.35 mg/l of alcohol in exhaled alveolar air (AAE), drunkenness, driving under the influence of drugs and refusing a test.
This list goes beyond alcohol and drugs. The following offences are also on it:
- driving without insurance (Article 22 of the Motor Insurance Act (loi RC auto));
- driving without a valid licence or during an immediate withdrawal (Article 30);
- driving during a driving ban or without having passed the reinstatement exams (Article 48);
- hit and run (Article 33);
- serious speeding, fourth-degree offences and tampering with devices to evade checks.
This is therefore known as cross-over repeat offending: the new offence does not have to be the same as the first one. Someone who was first convicted of driving without insurance and gets behind the wheel drunk within three years also falls under this regime.
The three-year period runs from the day on which the previous judgment of conviction became final (passé en force de chose jugée), meaning when no further appeal is possible. If you appealed, it is the date on which the appeal decision became final that counts.
What counts is the date of the new events, not that of the new summons (citation). If the events are committed within the three years, the repeat-offence regime applies, even if the hearing only takes place a year later.
The mandatory consequences
A minimum driving ban
For a repeat offence, the judge must impose a driving ban (déchéance du droit de conduire):
- of at least 3 months for a first repeat offence;
- of at least 6 months for a second repeat offence within three years;
- of at least 9 months for a third repeat offence within three years.
Four reinstatement exams
The judge must also make getting your driving entitlement back conditional on four reinstatement exams (examens de réintégration): a theory test, a practical test, a medical examination and a psychological examination. You can only drive again once you have passed them all, even if the ban itself has already ended. So expect a period without a licence that is longer than the ban imposed. How the medical and psychological examinations work and what they cost is explained in our article on reinstatement exams.
The alcohol interlock
For alcohol, an alcohol interlock (éthylotest antidémarrage) is sometimes added. Anyone who is convicted again within three years of a final conviction, with at least 1.2 grams per litre of blood or 0.50 mg/l AAE for each of the two offences, is obliged to have an alcohol interlock (Article 37/1 of the Road Traffic Act). The judge then has no choice. For a repeat offence with lower concentrations, the judge may impose an alcohol interlock, but is not obliged to.
Regardless of any repeat offence, the alcohol interlock is also in principle mandatory from a first offence at 1.8 grams per litre of blood or 0.78 mg/l AAE. The judge can only depart from this with express reasons.
The order is fixed: first the driving ban and the reinstatement exams, then the alcohol interlock for at least one year. See our article on the alcohol interlock.
The new Criminal Code
Since 1 September 2026, the new Criminal Code (Code pénal) has been in force, with a new system of penalty levels and a general repeat-offence regime. For traffic offences, the specific repeat-offence rules of the Road Traffic Act are retained. The mandatory minimum driving bans and the reinstatement exams therefore still apply.
In addition, the federal government wants to bring all traffic offences together in a single database of multiple repeat offenders. The public prosecutor’s offices (parquets) and judges will thus have a more complete and uniform picture of your driving history.
Unfitness to drive
Someone who repeatedly drives under the influence also runs the risk that the judge will suspect an addiction problem. The judge can then declare you unfit to drive under Article 42, until you prove otherwise. In practice, this is often done after an examination by a medical expert. See our article on unfitness to drive.
What can a lawyer still do in a repeat-offence case?
The room for manoeuvre is narrower, but it exists.
- Check whether there really is a repeat offence. Had the previous judgment already become final at the time of the new events? Is the earlier offence on the list in Article 38, §6? A mistake in calculating the period changes the entire case.
- Check the concentration. For alcohol, the mandatory alcohol interlock depends on the threshold of 1.2 per mille (0.50 mg/l AAE). A correct calculation of the breath analysis result can be decisive here. See our article on the breath test and breath analysis.
- Work beyond the minimum. The minimum is fixed, but the judge can go much further. Documents about your counselling or treatment, your work and your efforts to deal with the problem can keep the penalty close to the minimum.
- Avoid a finding of unfitness to drive. With a hair analysis or blood values that do not show regular excessive consumption, you can show that Article 42 is not necessary.
Frequently asked questions
When do the three years for a repeat offence start to run?
The period runs from the day on which the previous judgment of conviction became final, meaning when no further appeal is possible. If you appealed, it is the date on which the appeal decision became final that counts. What is decisive is the date of the new events, not that of the new summons.
Does an out-of-court settlement count for a repeat offence?
No. The statutory repeat-offence rules require a previous conviction by a judge. An out-of-court settlement (transaction pénale) or a paid immediate payment (perception immédiate) is not a conviction. The public prosecutor and the judge can, however, take it into account when assessing your driving behaviour.
Which reinstatement exams must I take?
For a repeat offence, all four reinstatement exams are mandatory: a theory test, a practical test, a medical examination and a psychological examination. You can only drive again once you have passed them all, even if the ban itself has already ended.
Does a drug conviction count in a new alcohol case?
For the mandatory driving ban and the reinstatement exams, what counts is the list of serious traffic offences in Article 38, §6 of the Road Traffic Act. Driving under the influence of alcohol and driving under the influence of drugs are both on it. A previous conviction for one can therefore count in a new case concerning the other. For the mandatory alcohol interlock, however, both offences must involve alcohol, with at least 1.2 per mille (0.50 mg/l AAE) each time.
Can the judge grant a suspension of sentence for a repeat offence?
The mandatory minimum driving bans and reinstatement exams leave little room for a lenient decision. The options remaining in your case depend on the exact facts, your record and the applicable rules of the new Criminal Code. Have this checked in advance.
Have your case reviewed
Have you received another summons for driving under the influence? We check whether the repeat-offence rules really apply and prepare your defence. Contact us.
Law as at 30 September 2026. We update this article when the rules change.
Related articles
Driving bans in Belgium: the rules and how to defend yourself
When does the police court impose a driving ban, how long does it last, which vehicles does it cover and what can you do about it? A clear overview.
Driving licence suspended because of an unpaid traffic fine?
An unpaid traffic fine can cost you your licence. How suspension after a payment order and the alternative driving ban after a judgment work in Belgium.
Serving a driving ban: when and where do you hand in your licence?
Given a driving ban in Belgium? When it starts, where and by when to hand in your licence, what happens if you are late and how to get it back.