Driving license retention

Verified 06 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

What infringements to the highway code result in retention of driving license ? What is the duration of the driving ban ? How to to recover his license ? We'll show you the main rules to know on the retention of driving licenses.

Law enforcement is holding back on a precautionary basis your driver's license if you commit any of the following offenses:

  • Driving with 0.8 g or more of alcohol per liter of blood
  • Driving in good condition drunkenness manifest
  • Refusal to comply with BAC checks
  • Driving after drug use
  • Refusal to submit to checks on the use of narcotics
  • Exceeding 40 km/h or more speed maximum permissible, established by means of an approved device with vehicle interception
  • In case road traffic accident report causing death or bodily harm, if you are suspected of violating the rules governing the use of the telephone in your hand, speed, crossing, passing, intersection or priority of passage
  • Driving while holding a telephone in hand where the driver commits certain traffic offenses at the same time. These offenses include: driving rules, safe distance between vehicles, crossing and overlapping of continuous lines, traffic lights, speed, passing, stopping or giving way signs at an intersection, and pedestrian crossing priorities.
  • Refusal to comply

The police (police or gendarmerie) take your license and give you back immediately a copy of the notice of detention.

The retention notice shall state the address and the service where you can get your driver's license.

Please note

If you don't have your driver's license with you, you have a 24-hour period to hand it over to law enforcement.

The retention of the license lasts Maximum 72 hours.

However, the retention of the license lasts 120 hours maximum if laboratory checks are necessary in the case of offense drinking and driving or narcotics.

The starting point for the 72-hour or 120-hour period is notification the retention of the license. It's about timelines calendars.

Example :

If the detention of the license is notified on Monday 22 July at 11:00, the 72 hours (3 days) period ends on Thursday 25 July at 11:00.

During this time, you have the driving ban.

Your vehicle may be immobilized.

The verifications are made about you and your vehicle. For example, checking your alcohol status with a breathalyzer or by blood tests and medical examinations.

If you drive during your license retention period, you risk a prison sentence of Maximum 2 years and one fine up to €4,500.

6 points are withdrawn from the driving license.

Your vehicle may be immobilized and impounded.

You may also additional penalties following:

  • Confiscation of vehicle
  • Suspension of the license for a maximum period of 3 years. Such suspension may not be limited to driving outside the professional activity.
  • Sentence of work of general interest
  • Penalty of days-fine
  • Prohibition on driving certain vehicles, including vehicles without a license, for a period of up to 5 years
  • Obligation to perform, at your expense, a road safety awareness course
  • Cancelation of license and prohibition to apply for a new license for up to 3 years

The rules differ depending on the situation:

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The offense has not been established

Your driver's license is returned to you if the offense has not been established:

  • on the roadside, by law enforcement authorities, if it is possible to prove immediately that the offense is not established (for example, with a breathalyzer)
  • or after 72 hours (120 hours if laboratory checks are necessary).

After 72 hours or 120 hours, at your request, your license is envoy by registered letter with AR: titleContent.

You can also go to the given address on the detention notice.

Your permit is available to you during the 12 hours after the end of the retention period.

However, if the period of detention ends between 18 and 22 hours, the period of availability shall be extended until noon the following day.

Here are 2 examples:

  • If the detention ends on June 3 at 10 a.m., your permit is available until June 3 at 10 p.m.
  • If the detention ends on June 3 at 7 pm, your license is held until June 4 at noon.

The offense is confirmed

Law enforcement officials inform you that they keep your driving license.

The following measures can then be notified :

You have no response at the end of the retention period

If no response is received by the end of the 72-hour period (or up to 120 hours in the case of offense drinking and driving or narcotics), you can get your driver's license.

At your request, your license is envoy by registered letter with AR: titleContent.

You can also go to the given address on the detention notice.

Your permit is available to you during the 12 hours after the end of the retention period.

However, if the period of detention ends between 18 and 22 hours, the period of availability shall be extended until noon the following day.

Here are 2 examples:

  • If the detention ends on June 3 at 10 a.m., your permit is available until June 3 at 10 p.m.
  • If the detention ends on June 3 at 7 pm, your license is held until June 4 at noon.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

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