Alcohol intoxication
Driving under the influence of alcohol (= alcohol intoxication) is punishable from 0.5 promille for the non-professional driver.
There is a distinction between major and minor intoxication.
What is major intoxication?
Major intoxication refers to a blood alcohol concentration of more than 0.8 promille. This corresponds to an alcohol concentration of more than 0.35mg/l of air (blow). See here for converting exhaled alveolar air to promille
The police judge can impose a fine of between €200 and €2,000. These fines must be increased by the surcharges.
You will be banned from driving for at least six hours immediately. The driving licence can also be immediately revoked for 15 days. This immediate revocation is most likely from 1.5 promille.
You will be banned from driving for between 8 days and 5 years.
The judge also has the option of imposing an alcohol lock on you.
What does the law provide about major intoxication?
Art. 34, §2 of the Law of 16 March 1968 on police over road traffic provides:
« With fine from 200 euros to 2 000 euros, shall be punished :
1° he who drives a vehicle or a riding animal in a public place or accompanies a driver for the purpose of schooling, while the breath analysis measures an alcohol concentration of at least 0.35 milligrams per litre of exhaled alveolar air or the blood analysis indicates an alcohol concentration of at least 0.8 grams per litre of blood. »
What is minor intoxication?
Minor intoxication means a blood alcohol concentration of between 0.5 and 0.8 promille. This corresponds to an alcohol concentration between 0.22 and 0.35mg/l of air (blow). See here for converting exhaled alveolar air to promille.
You will receive an immediate driving ban of 3 hours.
The police judge can fine you between € 25 to € 500. Fines must be increased by the opdeciemen.
However, an amicable settlement or immediate collection is usually given. You can calculate the current fine rates here.
What does the law provide about minor alcohol intoxication?
Art. 34, §1 of the Law of 16 March 1968 on police over road traffic provides:
« With fine of 25 euros to 500 euros shall be punished he who drives a vehicle or a riding animal in a public place, or accompanies a driver for the purpose of schooling, while breath analysis measures an alcohol concentration of at least 0.22 milligrams and less than 0.35 milligrams per litre of exhaled alveolar air or blood analysis indicates an alcohol concentration of at least 0.5 grams and less than 0.8 grams per litre of blood.”
“In case of repetition within three years from the day of the pronouncement of a previous convicting sentence applying the first paragraph or article 35 or 37bis, § 1, which has become res judicata, these penalties are doubled. »
Read about the penalties for driving under the influence of drugs here.
