đźš— Drink driving: a stricter approach introduced one week ago
One week ago, a circular issued by the Minister of Justice Annelies Verlinden entered into force across Belgium.
Its objective is to send a clear signal on road safety and to put an end to differences in practice between public prosecutor’s offices.
This measure does not change the law itself, but it significantly affects how alcohol-related driving offences are handled in practice.
⚖️ Immediate licence withdrawal at a lower threshold
Since this national harmonisation:
➡️ Immediate driving licence withdrawal for 15 days
applies from:
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0.8 ‰ blood alcohol level, or
-
0.35 mg/l breath alcohol
Previously, immediate withdrawal generally occurred from around 1.15 ‰, although some prosecutors had already applied the 0.8 ‰ threshold.
The practice is now uniform throughout Belgium.
đź“Š What has not changed: the legal thresholds
It is important to note that this measure:
-
âť— does not amend criminal legislation
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does not change the legal offence thresholds
Under Belgian law:
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An offence exists from 0.5 ‰ (0.22 mg/l)
-
From 0.8 ‰, the offence is considered more serious
The change concerns the immediate administrative reaction, not the legal definition of the offence.
🏛️ A prosecution policy measure
A ministerial circular is a directive addressed to the public prosecution service. It aims to:
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harmonise practices nationwide
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ensure consistency
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strengthen the deterrent effect
In practice, this will likely result in:
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more immediate licence withdrawals
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more cases brought before the police court
👤 What does this mean for drivers?
A blood alcohol level between 0.8 ‰ and 1.0 ‰ will now almost systematically lead to:
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đźš« immediate driving ban for 15 days
-
⚖️ proceedings before the police court
It should be noted that:
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the judge is not bound by the circular
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each case must be assessed individually (no accident, normal driving behaviour, professional need for a licence, personal circumstances, etc.).
📉 A clear trend towards stricter enforcement
This measure reflects a broader evolution in road safety policy:
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national harmonisation
-
faster intervention
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stronger prevention and deterrence
The message is clear: above 0.8 ‰, the consequences are now immediate and almost automatic.
đź“© Need advice or assistance?
A licence withdrawal or police court summons can have significant consequences, especially for your professional life.
Have you been stopped for drink driving or summoned to the police court?
Do not hesitate to contact me promptly to assess your situation and discuss the best possible defence.
