Unfit to drive (article 42): how to get your licence back

Of all the measures the police court judge can impose, the driving ban (déchéance du droit de conduire) for unfitness to drive under article 42 of the Road Traffic Act (loi relative à la police de la circulation routière) is one of the heaviest. It has no fixed length: you may not drive until you prove yourself that you are fit again. And the measure in principle takes effect immediately, in the courtroom.

This article complements our overviews of drink driving and drug driving.

What does article 42 say?

The judge must impose a driving ban when, on the occasion of a conviction, a suspension of the sentence or a committal for a traffic offence or for an accident caused by the person’s own conduct, the judge finds that the person is physically or mentally unfit to drive a motor vehicle.

For alcohol and drugs, this usually involves dependency or problematic use. Article 42 can, however, also apply to other conditions that compromise fitness to drive.

A safety measure, not a penalty

Legally, a ban under article 42 is not a penalty but a safety measure. This has important consequences.

• At every stage of the proceedings. Since the Act of 6 March 2018, the measure can be imposed at any stage: at first instance, on appeal, even if only the defendant appealed, and after an objection (opposition) against a judgment by default. Previously, this was not possible when only the defendant had appealed. Because it is a safety measure, it is not regarded as making the defendant’s position worse.
• Immediate effect. With a judgment given after both parties were heard, the measure takes effect at the moment it is delivered. The judge notes this on the hearing record. If the judgment is delivered at 11:15, you may no longer drive from 11:15. With a judgment by default, the measure takes effect on service of the judgment.
• An appeal does not suspend it. An appeal or an appeal to the Court of Cassation does not change the immediate effect.

Could article 42 be applied in your case? Do not drive to the hearing. Arrange transport with someone else or take public transport.

Is an expert assessment needed?

In practice, the judge usually first has fitness to drive examined by a medical expert. For alcohol and drugs, this involves blood tests, a hair analysis or a PEth test, which reveals prolonged alcohol use.

A medical report is, however, not a necessary condition. The Court of Cassation confirmed this (Cass. 30 January 2024, P.23.1697.N). Without an expert report, the judge can base the assessment on previous convictions, but only to the extent that the nature of those proven offences allows unfitness to be inferred, for example when they reveal a dependency on alcohol, drugs or medication. The mere existence of previous convictions is not enough.

This is an important line of defence. If you are prosecuted for facts that have nothing to do with alcohol or drugs, and there is no expert report in the file, it is difficult to call your fitness to drive into question. An old conviction or an unproven assertion by a third party at the hearing is not enough.

Article 42 and the alcohol interlock

Unfitness to drive and an alcohol interlock (éthylotest antidémarrage) are mutually exclusive. If there is doubt about your fitness to drive, that question is decided first. If you are unfit, article 42 applies, not an alcohol interlock. If you are fit, the judge can still impose an alcohol interlock. See our article on the alcohol interlock.

How do you get your licence back?

The ban lasts until you prove that you are no longer unfit. To do so, you submit a request for review to the public prosecutor (article 44 of the Road Traffic Act). A simple letter is enough.

Watch the deadline

The request can only be submitted six months after the judgment has become final. Previously, this was two years. Because a judgment only becomes final once the appeal period has expired, in practice this comes to about seven months after it is delivered.

Do not submit the request too early. A premature request is inadmissible, and you then have to wait another six months. You can easily end up a year without a licence that way.

If the request is refused, there is no appeal. You can only submit a new request six months after the refusal.

How do you prove you are fit?

• a hair analysis, which shows use over a longer period. For a review, it is best to go back six months, which requires about 6 cm of hair;
• periodic blood tests, such as CDT and gamma-GT for alcohol. These are no longer always accepted as sufficient;
• a PEth test for alcohol;
• a neurological or psychiatric examination, depending on the case;
• proof of treatment or support you have followed.

For people who were dependent on alcohol or psychotropic substances, the medical standards for the driving licence refer to at least six months of proven abstinence. So start building up that evidence as soon as the judgment is given, so that your file is ready when the six-month period expires. What each test measures and how the courts assess them is explained in our article on the PEth test, hair analysis and blood values.

Frequently asked questions

Have your case reviewed

Are you facing a finding of unfitness to drive, or do you want to request a review? We prepare the defence or the request with you. Contact us. For more on the medical standards, read our article on driving on medication.

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