Driving ban lawyer in Brussels: avoiding or limiting a disqualification from driving

A driving ban (verval van het recht tot sturen / déchéance du droit de conduire) often hurts more than the fine: it decides whether you can get to work, take your children to school and keep your job as a driver. Looking for a driving ban lawyer in Brussels or the surrounding area? Novex Advocaten, traffic law firm in Brussels, appears before the police courts (politierechtbank / tribunal de police) of Brussels, Halle, Vilvoorde, Leuven and Aalst to avoid a ban, shorten it or limit it to weekends. Below you will find when a ban is discretionary or mandatory, how long it lasts and which rules apply since 1 September 2026.

When can or must the judge impose a driving ban?

The Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière) distinguishes between a discretionary and a mandatory ban. The judge may impose a ban for offences such as drink driving, drug driving, an accident in which you injured others, second- and third-degree traffic offences, speeding above certain thresholds, driving without a licence and hit-and-run with material damage only (Article 38 § 1). Whether the judge does so, and for how long, depends on the seriousness of the facts, your record and your personal situation.

The judge must impose a ban for drunkenness, for hit-and-run causing injury or death, for a fourth-degree offence, for a repeat offence within three years, for novice drivers who commit an offence that can lead to a ban, for driving during an immediate withdrawal of the licence and, as a rule, for speeding by more than 40 km/h (30 km/h in a built-up area, a 30 zone, a school zone, a residential zone or an encounter zone); if the judge then does not impose a ban, he or she must give reasons for that decision (Article 29 § 3). Causing death by driving (Articles 107 and 107/1 of the Criminal Code) combined with a serious traffic offence, speeding, alcohol, drunkenness or drugs also leads to a mandatory ban, as does causing bodily harm by driving (Article 218 of the Criminal Code) combined with a repeat alcohol or drug offence (Article 38 § 2).

A driving ban is an additional penalty: it comes on top of the main penalty for the penalty level (strafniveau / niveau de peine) of the offence, which in traffic cases is usually a fine. For a level 1 offence, such as drink driving, drug driving or speeding, the judge may, where there are mitigating circumstances, impose the ban alone. A suspended sentence (uitstel / sursis, Article 65 of the Criminal Code) can also cover the ban, so that the suspended part is not enforced as long as you commit no new offence during the probation period; at least eight days must, however, actually be served (Article 41 of the Road Traffic Act).

For offences committed before 1 September 2026, broadly the same rules on driving bans apply, but with the old fines and prison sentences of the Road Traffic Act, increased by the statutory surcharge multiplier (opdeciemen / décimes additionnels): × 8 up to 31 January 2026 and × 10 from 1 February 2026. The judge applies the most lenient criminal law (Article 2 of the Criminal Code). See also what the new Criminal Code changes for traffic offences.

Driving ban, immediate withdrawal and temporary driving prohibition: the difference

The temporary driving prohibition (tijdelijk rijverbod / interdiction temporaire de conduire) is the measure the police impose on the spot after a positive breath or saliva test; since 1 July 2026 it always lasts 12 hours. The immediate withdrawal of the licence (onmiddellijke intrekking / retrait immédiat) is a decision of the public prosecutor’s office for 15 days, legally possible for alcohol from 0.35 mg/l of exhaled alveolar air, which the police court can extend by up to three months (Articles 55 and 55bis). The driving ban is the penalty the judge imposes in the judgment. See also the immediate withdrawal of the driving licence.

How does the procedure for a driving ban work?

1. Summons and hearing. In the judgment, the police court judge decides on the length of the ban, any limitation to weekends and public holidays and the reinstatement tests (herstelexamens / examens de réintégration). As a rule your lawyer can appear on your behalf, unless the judge orders you to appear in person. See also whether you must appear in person before the police court.
2. Notification. The ban takes effect on the fifth day after notification by the public prosecutor’s office; Saturdays, Sundays and public holidays are not counted in that period (Article 40). You hand in your licence at the court registry (griffie / greffe) in good time; if you fail to do so, the ban is extended and you risk separate prosecution for a level 1 offence (Article 49/1: 2,000 to 20,000 euros).
3. Tests. If reinstatement tests were imposed, you only get your licence back once the ban has expired and you have passed the last test. Since 1 January 2026 the judge can also impose a specific training course, which can supplement or replace the tests (Article 38 § 3). See also driving licence reinstatement tests.
4. Driving during the ban. This is a separate level 2 offence (Article 48: 5,000 to 20,000 euros). You will receive a new, mandatory ban of 3 months to 5 years or permanently and, for offences committed from 1 November 2026, as a rule also risk the confiscation of your own vehicle. See also driving without a licence or during a driving ban.

How your lawyer limits or avoids a driving ban

We first check whether the ban is discretionary or mandatory and whether the minimum duration can be avoided. Where the ban is discretionary, we argue against a ban or for the shortest possible duration. Where it is mandatory, we ask for the legal minimum, a suspended ban where the law allows it, and a limitation to weekends and public holidays if you need your licence for work.

We oppose tests that are not mandatory and, where the law allows it, ask for the specific training course instead of the tests. For professional drivers, self-employed people and employees without alternative transport, we file evidence on the consequences of a ban for your work and family. See also the driving ban explained, what a lawyer can achieve against a driving ban and suspended sentences and suspension of sentencing in traffic law.

In practice: judgment, objection and appeal

The police court judge rules on the ban at the hearing itself or a few weeks later in the judgment. If you were sentenced to a ban by default (verstek / par défaut), you can lodge an objection (verzet / opposition) within fifteen days of service. Against a judgment given after both parties were heard, you can appeal to the criminal court (correctionele rechtbank / tribunal correctionnel) within thirty days of the judgment; the ban is not enforced in the meantime. See also objection and appeal against a police court judgment and how the police court works.

Which police courts?

Novex Advocaten appears before the Brussels police court (Dutch-speaking and French-speaking), the Halle police court, the Vilvoorde police court, the Leuven police court and the Aalst police court.

Contact

Received a summons or been given a driving ban? Call 0484 99 22 72, email asfour@novexadvocaten.be or use the contact form. You can also read beforehand what a traffic lawyer costs.