Alcohol intoxication
Alcohol intoxication is the offence where you have exceeded the legally permissible limit of alcohol intake in traffic law.
Here, the distinction between alcohol intoxication and drunkenness is important. Drunkenness in fact means that you are so under the influence of alcohol that you have lost permanent control over your actions. There can be one without the other. Both crimes are independent of each other. So there can be alcohol intoxication without being drunk, if, for example, you are used to taking a certain amount of alcohol. The reverse is also possible, namely that you are drunk but have not yet exceeded the legally permissible limit.
When is alcohol intoxication punishable?
The legally permissible limit of alcohol intoxication is currently 0.5 promille or 0.22 mg/l UAL (exhaled alveolar air). As of 1.5 promille, you will be summoned to the police court. In certain cases, the police will be able to offer you an immediate collection, that is the case with:
- Alcohol content between 0.22 and 0.35 mg/l UAL: immediate collection of 179 EUR;
- Alcohol content between 0.35 and 0.44 mg/l UAL: immediate collection of 420 EUR;
- Alcohol content between 0.44 and 0.50 mg/l UAL: immediate collection of 578 EUR.
If the alcohol content is above 0.50 mg/l UAL, the police will no longer propose immediate collection if you have a domicile or permanent residence in Belgium. An amicable settlement or a summons to appear before the police court will then be issued. If you are not domiciled or permanently resident in Belgium, you can still obtain immediate collection as follows:
- Alcohol content between 0.50 and 0.65 mg/l UAL: immediate collection of 1260 EUR;
- Alcohol content of at least 0.65 mg/l UAL: in this case, you must pay 1260 EUR in consignment for any fine and court costs that will follow.
Finally, you will also be banned from driving for at least the hours after the breath test, given that you cannot continue driving.
Alcohol check
The police may carry out alcohol checks. Even if you are involved in a car accident, the police may ask you to take a breath test. During an alcohol check, you always have the right to request a 15-minute wait. There are three possible results in a breath test:
- Safe: less than 0.5 promille.
- Alarm: between 0.5 and 0.8 promille.
- Positive: more than 0.8 promille.
If the result is alarm or positive, you must undergo a breath analysis to determine the exact alcohol content. Please note that you do not have the right to refuse a breath test. If you do, the police will have to consider it as a positive breath test.
Were you summoned for alcohol intoxication or drunk driving?
If so, be sure to contact the lawyers at Wanted Law!