Have you tested positive in an alcohol check in Belgium as a foreign driver or tourist? Learn about the possible penalties, licence withdrawal, the hearing before the Police Court and how to defend yourself.
What is considered a positive alcohol test in Belgium?
In Belgium, a driver can be sanctioned when an alcohol test shows an alcohol concentration above the legal limit. This rule applies both to Belgian drivers and to foreign drivers, tourists or residents driving on Belgian territory with a driving licence issued by another country.
Alcohol levels can mainly be measured in two ways. They can be measured through a breath test, expressed in milligrams of alcohol per litre of expired air, or through a blood test, expressed in grams of alcohol per litre of blood. Normally, during a traffic check, the police first carry out a breath test and, if the result is positive, a more precise analysis may be carried out.
Alcohol limits in Belgium
As a general rule, the ordinary limit is 0.22 mg/l of expired air, which is approximately equivalent to 0.5 g/l of blood. From this level, the driver is considered to have a “positive” alcohol test and may face penalties. The consequences are not always the same. The seriousness of the case mainly depends on the alcohol level, whether there was an accident or a hit-and-run, whether the driver has previous offences and whether the driver is a repeat offender.
| Result of the alcohol test | Possible consequence |
|---|---|
| 0.22 mg/l to 0.35 mg/l of expired air | Fine, temporary driving ban, immediate payment or settlement proposal. |
| 0.35 mg/l or more of expired air | More serious penalties, possible immediate withdrawal of the licence and risk of court proceedings. |
| High alcohol level, accident or repeat offence | Summons before the Police Court, withdrawal of the right to drive, possible alcohol interlock device or aggravated penalties. |
Not all positive alcohol tests have the same level of seriousness. A result above the legal limit can lead to different penalties.
Do I have to attend the hearing before the Police Court if I am a foreign driver?
If you are a foreign driver, a tourist or you live outside Belgium and you have received a summons before the Police Court for a positive alcohol test, it is normal to wonder whether you must travel personally to Belgium for the hearing. In many traffic cases, especially in alcohol-related cases, the driver can appear in person or be represented by a lawyer.
Can a lawyer represent me?
Yes. A lawyer can represent the driver before the Police Court. This can be especially useful when the driver lives outside Belgium, has already returned to their country or does not speak the language of the proceedings. Representation by a lawyer makes it possible to analyse the file, prepare the defence arguments, explain the personal and professional circumstances of the driver and, where appropriate, request a reduction or adaptation of the penalty.
💡 For example, it may be important to explain that this is a first offence, that there was no accident, that the driver needs the licence for work or that a long driving ban would have disproportionate consequences.
For this reason, before deciding whether or not to travel to Belgium, it is advisable to have a lawyer review the summons and the file. The strategy will not be the same if the case concerns an alcohol level only slightly above the legal limit, a very high alcohol level, an accident, a repeat offence or driving despite a previous licence withdrawal.
What happens if I do not appear?
Not appearing before the Police Court and not being represented by a lawyer can have important consequences. If the summoned person does not attend and is not represented, the court can examine the case in their absence and issue a default judgment. A default judgment can be severe and may follow the requests made by the Public Prosecutor. The fact that you do not live in Belgium does not necessarily prevent the procedure from continuing. For a foreign driver, this can create problems later, for example if the case has administrative or professional consequences.
💡 For this reason, if you have received a summons before the Police Court for an alcohol-related offence in Belgium, it is not advisable to ignore it. Even if you cannot travel personally, it is advisable to appear through a lawyer.
Can I defend myself if I have already returned to my country?
Many foreign drivers receive the summons weeks or months after the alcohol check, when they are no longer in Belgium. The first step is to analyse the summons. It is necessary to check the competent court, the hearing date, the language of the proceedings, the alleged facts, the alcohol level and other relevant aspects. After that, the file should be reviewed with the Public Prosecutor’s Office. This is known in Belgium as the “dossier répressif”, or criminal file. The file may contain the police report, the result of the alcohol test, the circumstances of the check, any statements made and other elements relevant to the defence.
Lawyers can represent the driver at the hearing, which makes it possible to avoid international travel, especially when the driver lives in another country. The lawyer can prepare written submissions, draw up an inventory of evidence, file it with the court in advance and prepare the oral defence for the day of the hearing. As regards “evidence” or supporting documents, it is possible to provide subsequent blood tests to show that it was an isolated incident and that the person is not alcohol-dependent. It is also possible to provide any document received during the control, employment documents if the person needs to drive for work, and any other document that may be useful for the defence.
How to prepare the defence in an alcohol-related case in Belgium
A good defence starts with reviewing the file. In a procedure for a positive alcohol test in Belgium, it is not enough to simply look at the alcohol level. It is necessary to check how the control was carried out, which documents exist, whether there was an immediate withdrawal of the licence and what penalties the Public Prosecutor may request.
Review of the criminal file
The person who has been summoned has the right to consult the criminal file. The file contains the evidence collected during the investigation and will serve as the basis for the Police Court to examine the case.
In an alcohol-related case, it is particularly important to review the police report, the exact result of the test, the conditions of the control, the identification of the driver, the time of the facts and the notification received. It is also important to check the language of the summons, the hearing date and the competent court.
Possible defence arguments
The defence must be adapted to the specific case. It is not possible to promise an acquittal without first analysing the evidence. In some cases, the strategy will be to challenge the offence. See our article on traffic offences in Belgium. In other cases, the objective will be to reduce the penalty or avoid consequences for the driving licence. There may be arguments related to measurement errors, procedural problems, lack of sufficient evidence, doubts about the identification of the driver or irregularities in the notification.
The driver’s personal circumstances may also be relevant, including their attitude during the control, the absence of an accident, cooperation with the police or the fact that it is a first offence. When the driver needs the car for work, this point must be clearly explained. It may be useful to prove the professional need for the licence, working hours, the lack of alternative transport or the impact that a long withdrawal would have. The defence may also request a more proportionate penalty. For example, it may be possible to request a reduction of the fine, a limited driving ban, an adapted method of enforcement or a solution that takes the driver’s situation into account, such as community service.
Useful documents for the lawyer
To prepare the defence, it is advisable to send the lawyer all available documents from the first contact. The more complete the file is, the faster the strategy can be assessed. Useful documents may include:
- copy of the summons before the Police Court;
- driving licence;
- identity document or passport;
- letter or document concerning the immediate withdrawal of the licence;
- police report or documents handed over during the control;
- result of the alcohol test, if received;
- insurance documents;
- proof of employment or employment contract;
- proof of the need to use the vehicle;
- documents proving the absence of previous offences, if available;
- travel tickets, hotel booking or proof of stay if the driver is a tourist;
- any communication received from the police, the Public Prosecutor’s Office or the court.
💡 If the driver has already returned to their country, these documents can be sent by email. The lawyer can review the summons and request or consult the file when necessary. Preparing the defence properly can make an important difference.
What penalties can a foreign driver receive for alcohol-related driving in Belgium?
A foreign driver who tests positive in an alcohol check in Belgium can receive the same penalties as a Belgian driver. The driver’s nationality, or the fact that they are driving with a foreign licence, does not prevent the Belgian authorities from applying Belgian traffic law. The consequences will depend on the alcohol level detected, whether there was an accident, bodily injury or material damage, a hit-and-run, previous offences, and whether it is a first offence or a repeat offence.
In practice, the penalties can range from a financial fine to the withdrawal of the right to drive, or, in the most serious cases, the imposition of an alcohol interlock device, community service and even prison sentences. It is important to know that an alcohol-related offence in Belgium does not disappear simply because the driver returns to their country of residence. If you receive a notification, a fine or a court summons, you should analyse it and act within the indicated deadlines.
Financial fine
A financial fine is one of the most common penalties in the event of a positive alcohol test in Belgium. The amount can vary considerably depending on the alcohol level detected and the circumstances of the case. A result slightly above the legal limit is not the same as a high alcohol level, a traffic accident with material or personal damage, or a repeat offence. The driver’s previous offences may also influence the penalty. See our article on traffic fines in Belgium.
Summons before the Police Court
Not all positive alcohol test cases are resolved through a simple administrative fine. When the alcohol level is high, when there is a repeat offence, when there has been an accident or when certain circumstances are present, the case is referred to the Police Court. In Belgium, the Police Court deals with traffic offences, including offences related to alcohol at the wheel. The judge can hear the Public Prosecutor, assess the defence arguments and decide on the penalties.
A foreign driver must keep the summons before the Police Court, as it is important for the lawyer to attend the hearing and prepare the defence in advance. The document may be written in French, Dutch or German, depending on the region. In addition, the driver may already have returned to their country when they receive the summons.
💡 Example: a Spanish tourist tests positive in Belgium during a trip. Several weeks later, they receive a summons in Spain to appear before the Brussels Police Court. Even if they are no longer in Belgium, they should not ignore the summons. They must check the hearing date, the competent court and the possibility of being represented by a lawyer.
Withdrawal or prohibition from driving in Belgium
One of the most important consequences of a positive alcohol test in Belgium is the withdrawal or prohibition from driving. This measure can also affect foreign drivers. Even if the driving licence was issued in Spain, France, Italy, Germany or another country, Belgium can prohibit the driver from driving on Belgian territory for a certain period. In other words, the foreign licence may continue to exist in the country that issued it, but the driver may be deprived of the right to drive in Belgium. This limitation is relevant for tourists, cross-border workers, professional drivers and foreign residents who depend on their car for work or daily travel.
💡 Example: an Italian citizen with an Italian driving licence tests positive in an alcohol check in Belgium. The Belgian judge does not necessarily cancel the Italian licence, but may impose a prohibition from driving in Belgium for a certain period. If the driver returns to Belgium during that period and drives, they may commit a new serious offence.
Criminal record
A conviction for alcohol-related driving in Belgium may have consequences on the casier judiciaire, that is, the Belgian criminal record. This issue is often a concern for foreign nationals living in Belgium, working in regulated sectors or needing criminal record certificates for administrative, employment or immigration procedures. A simple fine may have different effects from a court conviction issued by the Police Court. However, when there is a court hearing and a conviction, it is important to analyse the decision and whether it may appear on the criminal record, as well as how long it may have effects. or foreign residents in Belgium, this issue can be particularly sensitive if they work in institutions, international companies, transport, security, education, public services or professions where a clean criminal record or a certificate of good conduct is required.
💡 Example: a Portuguese resident in Brussels works for an international company and needs a criminal record certificate. If they are convicted by the Police Court for alcohol-related driving, they must analyse whether that conviction may appear on their criminal record and how it may affect their professional situation.
Alcohol interlock device or breath alcohol ignition interlock
In certain cases, the Police Court may impose the installation of an alcohol interlock device. This is a device installed in the vehicle, requiring the driver to blow into it before starting the vehicle. It prevents the vehicle from starting if it detects alcohol in the driver. The alcohol interlock device is an important measure because it can be costly, restrictive and complicated. It can also create practical problems when the driver does not live permanently in Belgium, drives a company vehicle, uses rental vehicles or works as a professional driver. This measure often appears in cases involving high alcohol levels or repeat offences. Therefore, if there is a risk of an alcohol interlock device, the defence must prepare specific arguments on the proportionality of the measure, the driver’s personal and professional situation and possible alternatives.
💡 Example: a foreign driver is checked with an alcohol level far above the legal limit. Even if no accident was caused, the court may consider that there is a serious risk to road safety and may consider imposing an alcohol interlock device.
Prison sentences in serious cases
Although a positive alcohol test does not automatically mean a prison sentence, Belgian law provides for prison sentences in certain serious cases. This may occur especially in cases of repeat offences, driving despite a licence withdrawal or judicial driving ban, or failure to comply with imposed conditions. This can lead to prison sentences of one month to two years, in addition to a fine. There may also be a risk of prison if the driver continues to drive after their licence has been withdrawn. A person who does not live in Belgium may think that the penalty is limited to a fine or a prohibition from driving on Belgian territory. However, if they ignore a withdrawal, drive during the prohibition period or commit another offence, the case may become much more serious from a criminal law perspective.
💡 Example: a Spanish driver is convicted in Belgium for alcohol-related driving. Two years later, they test positive again during an alcohol check in Belgium. In this case, the Public Prosecutor may invoke a repeat offence and request aggravated penalties, which may include a fine, withdrawal of the right to drive, reintegration exams, an alcohol interlock device and, in the cases provided for by law, prison sentences.
For this reason, when facing a summons before the Police Court for alcohol-related driving in Belgium, it is essential to review the file, check previous offences and assess the real risk of aggravated penalties.
Can Belgium withdraw a foreign driving licence?
Yes. Belgium can take measures against a foreign driver who has tested positive in an alcohol check, even if their driving licence was issued by another country. This affects tourists, European residents, cross-border workers and professional drivers who drive in Belgium with a foreign licence.
Even if Belgium is not the country that issued the licence, the Belgian authorities can prohibit the driver from driving in Belgium. Therefore, a foreign driver should not assume that they are outside the scope of Belgian law simply because they have a licence issued by another State. If you drive in Belgium, you must comply with Belgian traffic rules, including those relating to alcohol at the wheel.
Prohibition from driving on Belgian territory
For many foreign drivers, the most important penalty is not only the fine, but also other sanctions, such as a prohibition from driving in Belgium. This prohibition can seriously affect the driver’s daily or professional life, even if the licence remains valid in the country that issued it. In practical terms, a prohibition from driving in Belgium means that the driver cannot drive on Belgian territory during the period set by the judge. Therefore, a foreign driver may formally keep their licence in their country of origin, but may not be authorised to drive in Belgium while the Belgian prohibition is in force.
💡 Example: a French driver is convicted for a positive alcohol test in Belgium and the Police Court imposes a one-month prohibition from driving on Belgian territory. During that period, the driver may still have their French licence, but cannot drive in Belgium. If they return to Belgium and drive during the prohibition, they risk a new procedure and aggravated penalties.
Practical consequences for foreign residents, workers and tourists
The consequences of a prohibition from driving in Belgium can vary greatly depending on the driver’s personal situation. The situation is not the same for a tourist who returns to their country after a few days, a foreign resident living in Brussels, a cross-border worker who crosses the border every day or a professional driver who depends on their licence for work.
💡 For this reason, in alcohol-related cases, it is important to explain to the court the driver’s specific situation and the real impact that a withdrawal or prohibition from driving may have.
A resident in Belgium may be affected if they need the vehicle to work, take their children to school or travel on a daily basis. In these cases, a driving prohibition can have a significant personal and professional impact. If the person works as a transport worker, taxi driver, chauffeur, delivery driver or company driver, a prohibition from driving may directly affect their employment. It is therefore important to provide documents proving the professional need for the licence. A cross-border worker may also be in a delicate situation.
💡 Example: a Portuguese worker residing in Belgium tests positive in an alcohol check. They use their car every day to travel to work because they do not have an adequate public transport connection. If they receive a summons before the Police Court, their lawyer can explain to the judge the professional need for the vehicle, provide the employment contract, working hours, home address and distance to the place of work, and request a penalty proportionate to the circumstances of the case.
What happens if I do not speak French or Dutch?
The language of the proceedings will normally depend on the place where the offence was committed. For example, in Brussels it may be French or Dutch; in Wallonia, it is usually French; and in Flanders, it is Dutch. The summons indicates the hearing date, the competent court, the facts alleged against you and the possible consequences. If you do not understand its content properly, you may miss a deadline, fail to appear or fail to prepare your defence correctly.
The assistance of an interpreter may be requested during the proceedings. For a foreign driver or tourist, the most advisable step is to send the summons to a lawyer in Belgium as soon as possible. In short, not speaking French or Dutch does not prevent you from defending yourself, but it makes it even more important to act quickly. You should not wait until the day of the hearing to understand what the summons says or what penalty is being requested.
Can I appeal a conviction for alcohol-related driving in Belgium?
Yes, it is possible to appeal a conviction for alcohol-related driving in Belgium. If the Police Court issues a judgment and you do not agree with the decision, an appeal may be filed. If the judgment was issued in your absence, it may also be possible to file an opposition. The possibility of challenging the judgment depends on whether you were present or represented by a lawyer, and on the date on which the decision was issued or notified. For this reason, if you receive a judgment from the Police Court, the deadlines to react may be short, usually 30 days.
If an appeal is filed, a higher court will review the decision. The appeal may concern the finding of guilt, the fine, the withdrawal of the right to drive, reintegration exams, the alcohol interlock device or other measures imposed. If the judgment was issued by default, meaning that you did not appear and were not represented, it may be possible to file an opposition. Opposition allows, in certain cases, the case to be examined again by the same court that issued the judgment. This is an especially important option for foreign drivers who did not properly receive the summons or who had already returned to their country.
Before filing an appeal or opposition, it is necessary to assess whether there are real arguments. For example, there may be an error in the measurement, procedural problems, a disproportionate penalty, an incorrect assessment of previous offences, the professional impact of the licence withdrawal or a failure to take important personal circumstances into account. The risk of the appeal must also be analysed. In some cases, challenging the decision may help reduce the penalty. In others, if the file is well supported by evidence and the penalty is reasonable, it may not be the best option. For this reason, the decision should be made only after reviewing the judgment.
Statistics on positive alcohol tests in Belgium among foreign drivers and useful data
The most useful source for analysing this issue is the national behavioural measurement on driving under the influence of alcohol, which includes a category of drivers residing abroad. This category makes it possible to approximate the situation of non-resident drivers or drivers linked to another country.
Drivers residing abroad
In 2024, the total percentage of drivers under the influence of alcohol in Belgium was 1.4%. When the driver’s place of residence is analysed, drivers residing abroad show a total of 1.5%, a figure close to the general average.
| Region or country of residence of the driver | Effective sample | “Alarm” result | “Positive” result | Total under influence | Median alcohol in expired air |
|---|---|---|---|---|---|
| Flanders | 5,814 | 0.5% | 0.4% | 0.9% | 0.33 mg/l |
| Brussels-Capital | 534 | 0.5% | 0.5% | 1.0% | 0.33 mg/l |
| Wallonia | 2,505 | 0.7% | 1.5% | 2.1% | 0.42 mg/l |
| Abroad | 415 | 1.4% | 0.1% | 1.5% | 0.2 mg/l |
Although these data do not show an overrepresentation of foreign drivers, the practical impact of a positive alcohol test may be greater for them, because they often do not know the language of the proceedings, how the Police Court works, the consequences for their driving licence and the deadlines for reacting.
Comparison with the general average in Belgium
The 2024 national measurement indicates that 1.4% of drivers were driving above the legal alcohol limit. This figure is slightly lower than the figures observed in 2021 and 2018, when it stood at 1.6%.
| General indicator | Result |
| Drivers above the legal limit in 2024 | 1.4% |
| Drivers with an “alarm” result | 0.6% |
| Drivers with a “positive” result | 0.8% |
| Federal target for 2030 | 0.8% |
| Drivers residing abroad under the influence | 1.5% |
The general trend is slightly positive, as prevalence decreased from 1.6% to 1.4%. However, Belgium is still far from the federal target of reducing driving under the influence of alcohol to 0.8% by 2030.
Territorial differences: Wallonia, Flanders, Brussels and abroad
The data show important differences depending on the driver’s region of residence. Wallonia has the highest rate of driving under the influence, at 2.1%. Flanders records a lower rate, at 0.9%, while Brussels-Capital stands at 1.0%. Drivers residing abroad reach 1.5%.
| Group analysed | Total under influence | Practical interpretation |
| Flanders | 0.9% | Below the national average |
| Brussels-Capital | 1.0% | Close to the average, but with a limited sample |
| Wallonia | 2.1% | Group with the highest prevalence |
| Abroad | 1.5% | Similar to the national average, with a reduced sample |
This information is useful for putting alcohol checks in Belgium into context. The statistical probability of finding drivers under the influence does not depend only on nationality, but also on the region, the time of day, the type of journey and the context in which the control is carried out.
When are positive alcohol tests most common?
Time of day is one of the most relevant factors. Controls show that driving under the influence of alcohol is much more frequent at night than during the day.
| Period | Percentage of drivers under the influence |
| Weekday daytime | 0.6% |
| Weekday night | 3.6% |
| Weekend daytime | 1.3% |
| Weekend night | 7.2% |
Weekend nights show a much higher prevalence than the general average. This explains why many alcohol checks in Belgium are carried out at night, during weekends, BOB campaigns, holiday periods or in areas close to restaurants, bars and nightlife venues.
Traffic accidents and alcohol in Belgium
Alcohol continues to play an important role in road accidents in Belgium. In 2024, 8% of accidents involving bodily injuries were related to alcohol, meaning those in which at least one driver tested positive.
| Accident-related indicator | Relevant data |
| Injury accidents related to alcohol in 2024 | 8% |
| Drivers involved in injury accidents who were tested | 69% |
| Drivers involved in accidents where it is not known whether alcohol played a role | Approximately 1 in 3 |
| Average alcohol level among positive drivers involved in accidents | 1.7‰ |
This figure must be interpreted with caution, because not all drivers involved in accidents are tested. Therefore, the percentage of accidents related to alcohol may be underestimated. It is also relevant that the average alcohol level among positive drivers involved in injury accidents was 1.7‰, which is more than three times the general limit applicable to non-professional drivers. This confirms that high alcohol levels not only increase the risk of penalties, but also the risk of a serious accident. See our article on traffic accidents in Belgium.
Reading the statistics for foreign drivers
From a legal point of view, the statistics show three important conclusions. First, drivers residing abroad are not necessarily the group with the highest rate of positive alcohol tests. Second, the risk of being checked increases at specific times: nights, weekends, nightlife areas, short journeys and holiday periods. This matches many typical situations involving tourists or foreign drivers temporarily driving in Belgium. Third, the legal impact for a foreign driver may be more significant. In addition, they may face additional difficulties due to language, distance, lack of knowledge of the procedure or the fact that they have returned to their country of residence.
Sources: National behavioural measurement “Driving under the influence of alcohol” 2024, national report on driving under the influence of alcohol in Belgium. Belgian Federal Police, Summer BOB Campaign 2025, data on alcohol checks carried out during the summer campaign.
The statistics cited mainly come from reports on driving under the influence of alcohol in Belgium in 2024. They must be interpreted with caution in relation to foreign drivers, because the category refers to drivers residing abroad and not necessarily to the driver’s nationality.
Belgian case law on alcohol at the wheel
Belgian case law on alcohol at the wheel is important because it helps to understand how the courts interpret the penalties applicable after a positive alcohol test.
Court of Cassation, 19 March 2002 | licence withdrawal
This judgment is important because it establishes that the withdrawal of a driving licence is not a criminal penalty, but a preventive and temporary measure intended to remove from traffic a driver considered dangerous. If a person tests positive during an alcohol check and the police or the Public Prosecutor immediately withdraw the licence, the driver may still later receive a fine or a summons before the Police Court.
Court of Cassation, 11 December 2012 | alcohol test evidence
Evidence obtained through a breath test or a blood test is specifically regulated by law. To challenge a positive alcohol test, it is necessary to show that the irregularity actually affects the reliability or quality of the evidence. This is a useful judgment for the defence because it requires a review of the file and of the way the control was carried out: the device used, the measurement, the police report, the procedure, the second measurement and compliance with the legal formalities.
Court of Cassation, 3 March 2021 | alcohol interlock device
This judgment states that the alcohol interlock device is not an ordinary penalty, but a preventive road safety measure. Since it is not a penalty, the alcohol interlock device cannot benefit from a suspension of execution in the same way as certain penalties. In serious alcohol-related cases or in cases of repeat offences, the alcohol interlock device is often applied.
Court of Cassation, 27 September 2022 | repeat offence
A repeat offence requires a previous final conviction. In addition, the three-year period must be calculated from the moment when that previous conviction becomes final and binding. It is therefore necessary to check whether the previous conviction was final, when it became final and whether the new offence was committed within the legal period. In alcohol-related driving cases, this can change the applicable penalty.
Favourable practical cases of positive alcohol tests in Belgium
Each alcohol-related case in Belgium depends on its specific circumstances. The following real examples illustrate situations in which a well-prepared defence can help reduce risks or obtain a proportionate judgment.
Tourist with a first offence and a moderate alcohol level
A tourist travels to Brussels for a weekend and rents a vehicle. After dinner, the police stop the driver, who tests positive for alcohol with a level above the legal limit, but without any accident, damage or previous offences. Several weeks later, the driver receives a summons before the Police Court after already returning to their country of origin. In this case, the defence can focus on explaining that it is a first offence, that there was no accident, that the driver cooperated with the police and that the person lives outside Belgium. It is also possible to provide proof of residence in Spain, travel tickets and proof of absence of previous offences. The favourable result consisted of avoiding a disproportionate penalty and limiting the consequences.
Cross-border worker who needs to drive for work
A worker residing in France crosses the border every day to work in Belgium. After a night-time control, the worker tests positive for alcohol. There is no accident, but the worker receives a summons before the Police Court and faces the risk of withdrawal of the right to drive in Belgium. In this type of case, the defence focused on proving that the driving licence was necessary for work. To do so, the employment contract, working hours, distance between home and work, lack of adequate public transport and professional consequences of a long driving ban were provided. In this case, the professional impact was reduced by obtaining a driving ban limited to weekends.
Foreign driver with doubts about the control procedure
An Italian driver temporarily residing in Belgium tests positive during an alcohol check. When reviewing the file, doubts are identified regarding the way the test was carried out, the exact time of the measurement or the documentation of the police procedure. In this situation, the defence should not be limited to discussing the penalty. It must first analyse whether the evidence was properly obtained and whether the test result can be used with full evidential value. For this purpose, the police report, the data from the measuring device and other elements are reviewed. In this case, the Court reduced the scope of the penalty and considered that the test had not been properly carried out.
Foreign resident with a high alcohol level and an accident
A resident in Belgium tests positive with a high alcohol level after a traffic control. There was also an accident involving material damage. The file was serious and there was a risk of a significant fine, licence withdrawal and other measures. In this type of case, the objective is not always to obtain an acquittal, but to avoid an excessive penalty. It may be useful to prove the absence of previous offences, stable employment, the need for the vehicle, cooperation with the police and awareness of the seriousness of the facts, while requesting maximum leniency. Other documents or evidence may also be provided in order to try to reduce the penalty as much as possible. The favourable result in this case consisted of obtaining a balanced penalty, limiting the professional impact of the withdrawal and avoiding additional measures.
Do you need a lawyer to defend you in Belgium?
If you have tested positive in an alcohol check in Belgium or have received a summons before the Police Court, do not wait for the problem to become more serious. At Arthur & Marin, we can review your summons, analyse the file, explain the real consequences for your driving licence and prepare a defence adapted to your situation as a foreign driver, tourist or international resident. The sooner the case is examined, the more options there may be to act correctly and avoid mistakes that could aggravate the penalty.
Contact us at info@arthurmarin.com or by phone at +32 465 345 345.
Frequently Asked Questions (FAQ)
What happens if I test positive in an alcohol check in Belgium?
If you test positive in an alcohol check in Belgium, you may receive a fine, a temporary driving ban, an immediate withdrawal of your licence or a summons before the Police Court. The consequence will depend on the alcohol level, whether there was an accident, your previous offences and whether it is a first offence or a repeat offence.
Can I be sanctioned in Belgium even if I have a foreign driving licence?
Yes. If you drive in Belgium, you must comply with Belgian traffic law. Even if you have a Spanish, French, Italian or other foreign driving licence, Belgium can impose penalties for an offence committed on its territory.
Can Belgium withdraw my driving licence if I am a foreign driver?
Belgium can prohibit you from driving on Belgian territory for a certain period. This does not necessarily mean that the licence issued by another country is cancelled throughout Europe, but it can prevent you from driving in Belgium while the prohibition is in force.
Do I have to appear personally before the Police Court?
It depends on the case. In many proceedings, a lawyer can represent the driver before the Police Court. However, the judge may order personal appearance if they consider that your presence is necessary.
What happens if I do not go to the hearing?
If you do not appear and are not represented by a lawyer, the court may issue a default judgment. That judgment may impose a fine, withdrawal of the right to drive, reintegration exams, an alcohol interlock device or other measures.
Can I defend myself if I have already returned to Spain or another country?
Yes. Returning to your country does not prevent you from preparing a defence in Belgium. It is important to send the summons to a lawyer, review the file and check whether you can be represented at the hearing without travelling.
What is the Police Court in Belgium?
The Police Court is the competent court for many traffic offences in Belgium. It can deal with alcohol-related cases, serious speeding offences, driving without a licence, licence withdrawal, traffic accidents and other offences related to road traffic.
What documents should I send to the lawyer?
It is advisable to send the summons, driving licence, identity document or passport, any police report, the letter of licence withdrawal, the test result if you have it, insurance documents, proof of employment and any document proving the need to drive.
Does a positive alcohol test in Belgium create a criminal record?
It can happen, especially if there is a court conviction before the Police Court. Not all situations have the same effect, but a conviction for alcohol-related driving may have consequences on the casier judiciaire, or Belgian criminal record.
Can I appeal a conviction for alcohol-related driving in Belgium?
Yes, in certain cases a conviction can be appealed. If the judgment was issued in your presence or with legal representation, an appeal may be considered. If you were convicted by default, the possibility of opposition or appeal may be analysed, depending on the case and the applicable deadlines.
What is the alcohol interlock device or éthylotest antidémarrage?
The alcohol interlock device is a device installed in the vehicle that prevents it from starting if it detects alcohol in the driver. In Belgium, it can be imposed in serious cases, especially when there are high alcohol levels, repeat offences or circumstances justifying a road safety measure.
Can I drive in Spain if Belgium prohibits me from driving?
It depends on the specific decision. In principle, a Belgian prohibition affects the right to drive in Belgium. However, the judgment or notification must be reviewed carefully, especially if there are European consequences, previous offences or additional measures.
What happens if I drive in Belgium during a licence withdrawal?
Driving in Belgium while a withdrawal or driving prohibition is in force may constitute a serious offence. It can lead to new penalties, a fine, a longer withdrawal and even more severe penalties in certain cases.
Can I pay the fine and forget about the procedure?
Not always. In some cases, payment of an immediate collection or settlement may close the file. In others, especially if there is a summons, licence withdrawal, repeat offence or accident, there may be additional consequences. Before paying, it is important to understand exactly what you are accepting.
What happens if I do not speak French or Dutch?
Not speaking French or Dutch does not prevent you from defending yourself, but it makes it more important to act quickly. The summons may be in the language of the competent court. A lawyer can explain its content, check the hearing date and assess whether you need an interpreter or representation.
How long can an alcohol-related procedure in Belgium last?
It depends on the court, the seriousness of the case and whether the file is resolved by settlement or goes to court. Some cases are resolved with a fine or payment proposal; others may take several months before the hearing before the Police Court.
Can the need to drive for work help the defence?
Yes, it can be relevant. If the driver needs the vehicle for work, it is advisable to provide the employment contract, working hours, distance to work, lack of public transport or documents proving the professional impact of a licence withdrawal.
What is the difference between a positive alcohol test and being in a state of intoxication?
A positive alcohol test is mainly based on an objective measurement of alcohol in expired air or blood. A state of intoxication can also be assessed through external signs, behaviour, manner of speaking, balance or the driver’s attitude. Both situations can have serious consequences.
What should I do if I receive a summons for alcohol-related driving in Belgium?
You should check the hearing date, not ignore the summons, keep all documents and contact a lawyer as soon as possible. A quick review of the file makes it possible to assess the defence, the risks and the possibility of representation before the Police Court.
