Since 1 September 2026, a new Criminal Code has applied in Belgium to traffic offences and to all other criminal matters. For traffic offences, it largely does not change what is punishable, but it does change how penalties are expressed and which penalties the police court judge can choose. If you have received a police report, a summons to the police court (politierechtbank / tribunal de police) or an immediate withdrawal of your driving licence for facts committed on or after that date, this page explains what changes in concrete terms. For facts committed before 1 September 2026 the old penalties apply, with one important correction that we discuss further on.
New Criminal Code and traffic offences: from prison and fines to penalty levels
The new Criminal Code classifies all offences into eight penalty levels (strafniveaus / niveaux de peine). For traffic matters, the first three are the most relevant. The Act of 25 May 2026 converted the penalties of the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière) into these levels.
- Level 1: the judge chooses one of the following penalties: a fine, community service of 20 to 120 hours, a probation sentence of 6 to 12 months, confiscation or a conviction by declaration of guilt. A prison sentence is excluded at this level.
- Level 2: a prison sentence of 6 months to 3 years, an electronic monitoring sentence of 1 month to 1 year, community service of more than 120 up to 300 hours, a probation sentence of more than 12 up to 24 months or a declaration of guilt. Where there are mitigating circumstances, the judge may go down to level 1.
- Level 3: a prison sentence of more than 3 up to 5 years.
The driving ban (verval van het recht tot sturen / déchéance du droit de conduire), the reinstatement tests and the alcohol interlock remain in place and come on top of the main penalty. For a level 1 offence, the judge may even, where there are mitigating circumstances, impose only the additional penalty, for example the driving ban.
Which penalty level applies to which traffic offence
Most traffic offences are level 1. A few more serious offences are level 2 or 3. The amounts below are the actual fines, including the statutory surcharge multipliers (opdeciemen / décimes additionnels).
| Offence | Level | Fine (actual amount) |
|---|---|---|
| Speeding (Art. 29 § 3) | 1 | 100 to 5,000 euros |
| Alcohol intoxication from 0.22 to less than 0.35 mg/l (Art. 34 § 1) | 1 | 250 to 5,000 euros |
| Alcohol intoxication from 0.35 mg/l, refusal of the breath test (Art. 34 § 2) and drunkenness (Art. 35) | 1 | 2,000 to 20,000 euros |
| Drug driving, first offence (Art. 37bis § 1) | 1 | 2,000 to 20,000 euros |
| Hit-and-run with material damage only (Art. 33 § 1) | 1 | 2,000 to 20,000 euros |
| Hit-and-run with injuries (level 2) or with a fatality (level 3) (Art. 33 § 2) | 2 or 3 | 4,000 to 50,000 euros |
| Driving without a licence (Art. 30 § 1) | 2 | 2,000 to 20,000 euros |
| Driving during a driving ban (Art. 48) | 2 | 5,000 to 20,000 euros |
| Driving without the alcohol interlock ordered by the court (Art. 37/1 § 4) | 2 | 5,000 to 20,000 euros |
| Reoffending within three years for alcohol intoxication from 0.35 mg/l, drunkenness or drugs (Art. 36) | 2 | 4,000 to 50,000 euros |
| Driving without insurance (Art. 22 Motor Insurance Act, read with Art. 78 Criminal Code) | 1 | 1,000 to 10,000 euros |
Anyone who drives during an immediate withdrawal of their licence (Art. 30 § 3) also commits a level 2 offence, with a fine of 2,000 to 20,000 euros; the judge must then also impose a driving ban of three months to five years or permanently. For drunkenness, a driving ban of at least one month is mandatory. For a hit-and-run with injuries or a fatality, the ban is also mandatory and getting your licence back depends on passing a theory test, a practical test and a psychological assessment.
The criminal classification of accidents with victims is changing as well. Anyone who causes a fatal road accident through a serious lack of foresight or precaution is prosecuted for homicide in traffic (Article 107 Criminal Code, level 3; the aggravated form in Article 107/1 Criminal Code is level 4). Anyone who causes bodily injury in the same way is prosecuted for violation of physical integrity in traffic (Article 218 Criminal Code, level 2). Compensation for victims does not change; read our article on fatal road accidents and compensation for victims.
If a homicide in traffic is combined with speeding or another serious offence, alcohol intoxication from 0.35 mg/l, drunkenness or drugs, the judge must impose a driving ban of at least three months together with the four reinstatement tests (Article 38 § 2 Road Traffic Act). If the driver is also a repeat offender within the meaning of Article 36, that ban is at least one year.
What the new Criminal Code changes in practice
No more prison sentences for ordinary traffic offences
For speeding, a first alcohol or drug offence or a hit-and-run with material damage only, a prison sentence is excluded by law for facts committed on or after 1 September 2026. Under the old Road Traffic Act, for example, a hit-and-run with material damage was still punishable by imprisonment of 15 days to 6 months. This does not mean the sanctions are light: fines can be high and a driving ban remains possible, and for some offences it is even mandatory.
Community service and probation as full alternatives
Community service (werkstraf / peine de travail) already existed, but it is now expressly on the judge’s list of options at level 1 and level 2. Under Article 45 of the Criminal Code, you can give your consent to community service in person or through your lawyer, so you do not always have to appear yourself. A probation sentence, a penalty with conditions such as a training course or treatment, is also on the list at both levels and may be preferred to a fine in traffic cases. See also whether you must appear in person.
Fines tailored to your means
Article 52 § 2 of the Criminal Code requires the judge to take your financial situation into account when setting the fine. If your situation is precarious, the judge may go below the statutory minimum and allow payment in instalments. By documenting your income and expenses, you therefore give the judge the information needed to reduce the fine.
Suspension and suspended sentences remain available
Suspension of the pronouncement of sentence (Article 64 Criminal Code) remains possible for offences up to and including level 6, with your consent and a probationary period of one to five years. A suspended sentence (Article 65 Criminal Code) is possible for penalties up to and including level 3, including additional penalties such as the driving ban (of which at least eight days must, however, actually be served, Article 41 of the Road Traffic Act), but not for community service, a probation sentence or an electronic monitoring sentence. Read suspended sentences and suspension in traffic law.
Reoffending weighs more heavily
Anyone who, within three years of a conviction for alcohol intoxication from 0.35 mg/l, drunkenness or drugs, commits such an offence again falls under Article 36 of the Road Traffic Act: level 2 and a fine of 4,000 to 50,000 euros. On top of this comes a mandatory driving ban of at least three months with the four reinstatement tests and, from 0.50 mg/l, in principle an alcohol interlock. For a further repeat offence, the judge may move to level 3, with a fine of 8,000 to 100,000 euros. See also our page on reinstatement tests and the alcohol interlock.
Facts before 1 September 2026: the most lenient criminal law
It is the date of the facts that determines which law applies, not the date of the hearing. For facts committed before 1 September 2026, the old penalties of the Road Traffic Act apply in principle, with the surcharge multipliers: × 8 for facts up to and including 31 January 2026 and × 10 for facts on or after 1 February 2026.
However, the rule of the most lenient criminal law, which already existed and is now set out in Article 2 of the new Criminal Code, still applies: if the penalty has changed between the facts and the judgment, the judge applies the less severe one. For older facts that used to carry a prison sentence and are now level 1, the police court judge can therefore no longer impose a prison sentence. In every case heard during the transition period, we compare which regime is the most lenient in your situation.
What stays the same
Hit-and-run, even with injuries or fatalities, remains a matter for the police court. Road accidents with fatalities or injuries are, as a rule, also dealt with by the police court; a case can end up before the criminal court mainly where they are linked to other, non-traffic offences. The immediate withdrawal of the driving licence ordered by the public prosecutor remains 15 days, extendable by no more than three months by the police court.
The alcohol limits remain unchanged: 0.22 mg/l for ordinary drivers, 0.09 mg/l for professional drivers and the more serious category from 0.35 mg/l. The time limits for an objection to a default judgment (fifteen days after service) and for an appeal (thirty days after the judgment) do not change either; read objection and appeal against a police court judgment.
An on-the-spot fine is still proposed by authorised police officers. If you do not pay, the public prosecutor may propose an out-of-court settlement and then issue a payment order increased by 35 %. You can challenge that order before the police court within thirty days; read out-of-court settlements in traffic cases.
What this means for your case
If you appear before the police court in the autumn of 2026, it is in your interest that your lawyer checks the date of the facts and the applicable penalty level carefully. Novex Advocaten, traffic lawyer in Brussels, does this in every case and appears before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst. See also your rights during a police check and what a traffic lawyer costs.
Frequently asked questions about the new Criminal Code and traffic offences
Does the new Criminal Code also apply to an offence committed in August 2026?
The old penalties apply to the facts themselves, but the judge applies the most lenient criminal law (Article 2 Criminal Code). If the new law no longer provides for a prison sentence for your offence, one can no longer be imposed for older facts either.
Can I still get a prison sentence for driving under the influence?
Not for a first offence committed on or after 1 September 2026: alcohol intoxication, drunkenness and a first drug offence are level 1. For reoffending within three years (level 2), a prison sentence is possible, although the judge may go down to level 1 where there are mitigating circumstances.
Have fines gone up?
Not compared with the amounts that applied from 1 February 2026. The Road Traffic Act states new base amounts, which are multiplied by 1.25; the actual amount corresponds to the old amounts multiplied by 10. For facts before 1 February 2026, the multiplier was still 8.
Do I have to consent to community service myself?
Your consent is required, but you can give it in person or through your lawyer (Article 45 Criminal Code). If the judge wants to assess your personal situation, it is still wise to attend.
Does anything change for the driving ban?
Broadly speaking, no: the driving ban, the reinstatement tests and the alcohol interlock remain in place. However, for a level 1 offence with mitigating circumstances, the judge may impose only the driving ban. Read our page on the driving ban.
Sources
- Act of 29 February 2024 introducing Book I of the Criminal Code, Articles 2, 36, 45, 52, 64, 65 and 78 (consulted on 24 September 2026)
- Criminal Code, Book II (introduced by the Law of 29 February 2024 introducing Book II of the Criminal Code, Belgian Official Gazette of 8 April 2024), Articles 107, 107/1 and 218 (homicide and violation of physical integrity in traffic)
- Act of 16 March 1968 on the policing of road traffic, consolidated text on Justel, Articles 29, 30, 33, 34, 35, 36, 37/1, 37bis, 38, 48, 55, 55bis and 65/1 (consulted on 24 September 2026)
- Courts and Tribunals: the police courts (consulted on 24 September 2026)
More about our approach: traffic lawyer in Brussels.