What are remedial exams for the driver's license?
Were you ordered to forfeit the right to drive? If so, the court may require you to take one or more remedial tests before you get your driver's license back. This is a drastic measure that can severely affect your daily life. In this article, Novex Lawyers explains the full procedure.
When are remedial exams imposed?
The police court may pronounce forfeiture of the right to steer - and impose remedial exams - in the following situations:
- Driving under the influence of alcohol in cases of repeat or severe intoxication (above 1.2 mg/l AAG)
- Driving under the influence of drugs
- Severe recidivism for fourth-degree speeding violations
- Escape crime with bodily injury
- Other serious offenses where the judge has doubts about driving fitness
The four remedial exams: what does each involve?
1. Medical examination
A licensed physician assesses your physical fitness to drive: vision, responsiveness, neurological functioning. In case of past alcohol problems or drug abuse, your abstinence is also examined. Negative opinion → driving license will not be returned.
2. Psychological examination
A licensed psychologist assesses your psychological driving fitness: impulse control, risk awareness, personality profile and any addiction issues. This examination may include several interviews.
3. Theoretical exam
You take a theory exam at a recognized exam center (e.g., GOCA). The same exam as for a first driving license application. You pass if 41/50 correct. In case of a bad score, you can retake it after a waiting period.
4. Practical examination
You retake the practical driving test at an accredited testing center. The same driving test as for an initial application. This usually requires a few driving lessons in preparation.
Exactly what exams are imposed?
The court specifies which exams you must take. Not always all four. For alcohol problems, the medical and psychological exam are usually imposed. For improper driving habits (e.g., speeding), the theoretical and practical exams are more often imposed. Your lawyer may argue for the minimum package in the conclusions.
How long does the procedure take?
The procedure can take several months: waiting times for appointments at approved centers, time for lab results, retakes in case of failure. On average, the entire procedure takes 3 to 9 months.
What if you fail a remedial exam?
You can retake, but a waiting period applies. If the medical or psychological center issues a final unfavorable opinion, you can challenge it through the appropriate administrative or judicial body. A lawyer can also assist you here.
Can the resit examination requirement be challenged?
Yes. If the remedial exams were imposed unfairly - because the facts were not sufficiently serious or because the judge acted procedurally incorrectly - an appeal can be filed. Novex Lawyers will analyze whether your judgment is contestable.
Novex Lawyers will guide you
Were you sentenced to remedial exams? Novex Advocaten informs you of your rights, guides you legally through the procedure, and challenges wrongful convictions. We work for the police courts of Brussels, Halle, Leuven and Vilvoorde.
📞 048 499 22 72 | 📧 asfour@novexadvocaten.be | Avenue Louise 379, 1050 Bruxelles
