What happens if my driver's license is confiscated?

The short answer

When the police confiscate your driver's license, it is forwarded to the public prosecutor. This then has 10 days to decide whether the driver's license will be permanently withheld. If no decision is made within this time frame, you will automatically get your driver's license back. The withholding can range from a few weeks to a maximum of 5 years, depending on the seriousness of the violation. During the withholding period, you are not allowed to drive and can expect a fine and possibly a new driving test.

What does the law say?

The Road Traffic Act regulates when and how long a driver's license can be withheld. The public prosecutor has the authority to withhold a driver's license in the event of a serious traffic violation. The law establishes clear deadlines and procedures to prevent arbitrariness. In very serious offenses, the driver's license can even be permanently revoked, which means you have to take the exam again.

What should you pay attention to?

Pay close attention to the deadlines and make sure you keep all correspondence from the Public Prosecution Service. Always respond to letters from the public prosecutor, even if you disagree with the decision. Never drive without a valid driver's license under any circumstances, as this will cause additional problems. Consider seeking legal assistance, especially in cases of prolonged withholding or if you disagree with the decision.

Example from practice

Suppose you are caught driving under the influence with a blood alcohol content of 1.2. The police immediately confiscate your driver's license and send it to the public prosecutor. Within 10 days you receive a letter that your driver's license will be withheld for 6 months. In addition, you will receive a fine of €1,400 and you must participate in an alcohol interlock program. After the withholding period, you will automatically get your driver's license back, provided you have met all the conditions.

What can you do?

There are various steps you can take to improve your situation or get your driver's license back faster.