What do you risk for drunk driving?
Article 35 of the Road Traffic Act defines the fines you risk for drunk driving:
‘With fine from 200 euros to 2 000 euros and with forfeiture of the right to drive a motor vehicle for a duration of at least one month and up to five years or for life, he who drives a vehicle or a riding animal in a public place or accompanies a driver for the purpose of schooling, while in a state of intoxication or in a similar state in particular as a result of the use of drugs or medicines, shall be punished.’
First of all, the police will impose a temporary immediate revocation of your driving licence for 12 hours if they believe you are in a drunken state. An immediate collection is not possible in case of drunkenness. Thus, you will always have to appear before the police court to explain yourself.
If you have to appear before the police court, you risk a fine of between EUR 200 and EUR 2,000.
In addition, you also risk a driving ban of at least one month and up to five years or life. If the police judge finds that drunkenness has occurred, he is obliged to impose this driving ban.
Moreover, you will not only have to wait for the expiry of the period of forfeiture of the right to drive, but the restoration of the driving ban will also depend on passing four exams and examinations (Article 38, §2 Road Traffic Act). These include a theoretical and practical examination, and a medical and psychological examination.
Subsequently, the court can also make driving dependent on an alcohol lock, unless it involves a lifetime driving ban. The alcohol lock can be imposed for at least one year and up to three years or for life. This means that the validity of the driver's licence is limited to all motor vehicles fitted with an alcohol lock.
Drunkenness
Drunkenness means being in a state where you are no longer in persistent control of your actions, without necessarily having lost consciousness of them. This is because in drunkenness, your alcohol level is not so relevant. You can therefore be drunk even when you have not yet exceeded the legal limit for criminal alcohol intoxication.
How do the police assess drunkenness?
In traffic, drunkenness also manifests itself in swerving through the streets, not using lights or indicators, ignoring traffic lights, not paying attention to other road users, etc. Whether you are in an intoxicated state or not will be determined by the police judge mainly on the basis of the established ‘outward signs’ of intoxication: your behaviour and state of mind at the time of the determination. For example, if there are traces of vomit, this may indicate that you may be in a drunken state. In addition, your speech and ability to keep your balance is also important. If there are any witness statements, these may also be relevant.
Summoned to the police court for alcohol intoxication or drunk driving?
If so, be sure to contact the lawyers at Wanted Law!