It is very important to distinguish between alcohol intoxication and driving in a state of intoxication. To put it simply, not everyone who blows higher than the legally permissible value of alcohol is drunk. Drunkenness is shown by a person’s outward state (assessed at the time of inspection by police forces and later by the court). For instance, you can be considered drunk if you have a waddling gait, you cannot orientate yourself in time and space, speak with a double tongue, etc. These are all subjective assessments. In this way, the state of intoxication differs from alcohol intoxication. The latter is a scientific and objective approach, namely the amount of alcohol measured after breath analysis or blood test.

Do I always get summoned to the Police Court?

No.

This depends on several factors, including the degree of intoxication, the driver’s driving experience (young drivers are more likely to be summoned), whether the person in question already had previous convictions… and, in general, on the prosecution’s policy within the jurisdiction within which the offence was committed.

Broadly speaking, the Public Prosecutor has two options when your file lands on his desk.

In the best case, the Public Prosecutor will offer you an out-of-court settlement, which has the advantage of not having to appear in court upon timely payment of the sum of money proposed to you.
In the worst case (and increasingly common in practice), you will be served a summons by the bailiff with a request to appear on a specified date before the Police Court in the jurisdiction where the offence was committed. The assistance of legal counsel is appropriate in this case and in very many cases free of charge (!) for you as most car insurances have a legal aid option and intervene in the costs and fees of the lawyer.

What penalty do I risk if I am prosecuted?

The law distinguishes between light alcohol intoxication (between 0.5 and 0.8 promille) and heavy alcohol intoxication (more than 0.8 promille).

For the lighter alcohol intoxication, you risk (excluding repeat offenders) a fine of minimum €25.00 and maximum €500.00, possibly partly with deferment. Note: these fines do still have to be multiplied by 8. This multiplication is a form of indexation so that not all fine amounts have to be adjusted each time in the law.

For the heavier alcohol intoxication, the minimum is increased to €200.00 (x8) and the maximum to €2,000.00 (x8), possibly partly with deferral.

For both degrees of intoxication, the Police Judge can impose a driving ban on you from 8 days to 5 years.

In principle, this can be limited to weekends and public holidays, but only on condition that you request it and it is legally possible. If you are sentenced to remedial examinations, a weekend driving ban is not possible, for example.

For professional reasons, an exception may also be granted for a certain vehicle category (e.g. driving licence c).

The restorative tests

The judge may also make restoration to the right to drive conditional on passing one or more of the following tests and examinations: a theoretical test, a practical test, a medical examination and a psychological examination. Moreover, if you had not held a driving licence for more than two years at the time of the infringement, retaking the theoretical exam or practical exam is compulsory. As a rule, however, you may choose which of the two exams you wish to retake.

If you are prosecuted for both intoxication and intoxication, as a rule, only the most serious offence will be punished, being driving while intoxicated. The fine is in the same range as for aggravated alcohol intoxication, being a minimum of €200.00 (x8) and a maximum of €2,000.00 (x8). The main difference is that a driving ban of 1 month to 5 years or permanently should be compulsorily imposed in case of intoxication.

When do I have to pay my fine and when does my driving ban start?

There are no fixed deadlines for this.

To pay the fine imposed, you must await receipt of a statement, which may take some time.

In principle, the driving ban takes effect on the fourth working day after the day it is served to you (not including Saturdays, Sundays and public holidays). Within this period, the driving licence must be physically returned to the registry of the Police Court that convicted you.

Will a Police Court conviction appear on my certificate of good conduct and morals?

Yes.

Some convictions – the very light sentences under the 26EUR fine – disappear automatically after three years others do not. You may then be eligible for a restoration of honour and rights after three years.

However, this is not automatic.

What should I do?

Have you received an official report or a summons? Mail it to us and we will check for you whether you are eligible for legal aid through your insurance.

We act for you throughout the country, wherever the offence happened.