Immediate withdrawal of driver's license (2023)

The police of the Grand Voivodeship are obliged to confiscate the driver's license on the spot in numerous situations. This measure is mandatory:

if the blood alcohol level measured is too high;
if the person refuses to be tested for alcohol and drugs;
for proven speeding offences.

In such cases, the police will send a report to the public prosecutor, who will decide on the violation.

While awaiting a summons before the competent court to make a decision on the merits of the offense against which they are charged, directors may, under certain circumstances, temporarily 'repairtheir driving license through special procedures before the Luxembourg judicial authorities.

Who cares

The information provided here applies to anyone whose driving license has been revoked on the spot by the Grand Duchy police following one of the following traffic offences:

driving a motor vehicle on a public roadalcohol contentat least 0.55 mg alcohol per liter of exhaled air or 1.2 g alcohol per liter of blood (i.e. '1.2 per thousand') or - if the blood alcohol level cannot be determined - when driving while clearly under influence is the influence;

refusal to get testedto determine the presence and level of alcohol, drugs or medication;

driving too fastthat exceeds the permitted speed by more than 50%, or records a speed that is at least 40 km/h higher than the permitted speed (for example: a speed of at least 90 km/h in an inhabited place).

How to go further

Withdrawal of driving license and temporary driving ban

The withdrawal of a driving license is a prohibition on driving a vehicle: the person thereby loses all rights he had until then on the basis of his driving licence. It should be noted that the same applies in cases where the police physically confiscated the driver's license at the time the offense was committed, and in cases where physical seizure on the spot proved impossible – for example, when the driver did not have a driver's license in the car. If it is not possible to immediately revoke the driver's license, the police officers will inform the person about the revocation.

The withdrawal of the license can only be upheld if the investigating judge atemporary driving ban within 8 daysof the recall (excluding Saturdays, Sundays and holidays). The person concerned is informed of the order of the investigating judge by the police or by post.

After the investigating judge has issued an order, the suspect has the right to ask the court to lift the temporary driving ban in whole or in part.

Request to lift the temporary ban on driving a vehicle

The applicant can in any case viasimple petition, request thatthe temporary driving ban must be lifted.

Driving under the influence of alcohol, refusal of control or speeding,petitionfor the lifting of a temporary driving ban, it must be lodged with the district court, which sits in chambers,only ifthe suspect has received a writ of execution in the intervening period, in which case the request must be submitted to the court where the driver has been summoned.

The crime known as "speeding" (attack at high speed) includes:

exceeding the permitted speed by more than 50%, whereby the registered speed exceeds the permitted speed by at least 20 km/h;
repeat the insult.

If the speed limit exceeds 50%, but there is no speeding violation, the request to lift the temporary driving ban must be submitted tofelony court.

Ofpetition to lift the driving banmust be submitted in writing. The applicant may appear in person to file the application at the registry of the competent court or send the application by post.

There is no need for a lawyer to be present. It is in the applicant's interest to provide documentation of the need for a driver's license to support the petition (for example, a certificate from the applicant's employer that driving is required for professional purposes).

Approval of the petition to lift the ban

Ithe request to lift the temporary driving ban is granted, where the person concerned has to goNational Motor Traffic Association(National Motor Transport Association- SNCA) around onenew driver's license. The court can also allow only a partial lifting of the driving ban, by exempting certain journeys (especially those necessary for work) from the driving ban.

Aspartial cancellationapproved, the person concerned must go toNational Motor Traffic Association(SNCA) around onea new driver's license with the indicated routes it covers.

Rejection of request to lift ban

Ipetition to lift the driving banrejected (or only partially approved), the temporary ban (if applicable, in a limited form) is extended, subject to appeal or a new request, until the competent criminal court decides on the merits.

Process on the ground

Subsequently, the competent court decides on the merits of the accusations against the accused and makes a judgment that may include one or more accusationsdriving bans.

Defendants are summoned alone or together with their lawyer, if they have chosen:

in criminal court, in the case of driving under the influence of alcohol, refusal to submit to checks or an offense of speeding;
or in police court, in the case of speeding, which is not an offense of speeding.

In the case of finalspronunciation bestellen driving banthe practical conditions for that prohibition (start and end date) are determinedpublic prosecutionand the suspect was notified by the police.

The court that imposes a driving ban is allowed to do soexemptthe following routes:

routes traveled for proven professional purposesby a convicted person;
travel around between primary residence, a second home that he regularly uses or another place where the person in question regularly spends time for family reasons,and the person's place of work. The need for a routeare not the most directif the detour is intended for regular joint travel, drop-off or collection of the offender's own child or of a child living with the driver, with or of a third party who cares for the child while the driver is at work.

Convicted drivers also get onea letter informing them of the loss of license points. Interested parties can check their points balance atMijnGuichet.lu.

Forms / Online Services

Model application for lifting a temporary driving ban

Model application for lifting a temporary driving ban

The information about you collected on this form will be processed by the relevant administration to fulfill your request.

This data is kept for as long as this is necessary for the administration to achieve the purpose of the processing.

The recipients of your data are competent authorities in the context of handling your request. Please contact the administration to which your request relates to find out who receives the data on this form. In accordance with Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, you have the right to receive information concerning . In addition, you have the right to withdraw your consent at any time.

In addition, except in the case where the processing of your data is mandatory, you can oppose this for legitimate reasons.

If you wish to exercise these rights and/or receive a communication regarding your data, please contact the relevant administration using the contact details provided in the form. You also have the option of submitting a complaint to the National Data Protection Commission located at 15, boulevard du Jazz L-4370 Belvaux.

By continuing the procedure, you agree that your personal data will be processed as part of your request.

Download the WORD form, 26 Kb

Authentic sources

Driving license points

Check the points balance on your driver's license in your private eSpace.

In order to complete your application, the data about you collected through this form must be processed by the relevant government administration.

The relevant administration will keep this data for as long as necessary to achieve the purpose of the processing procedure(s).

Your data will be shared with other government services that are necessary to process your request. For more information about which departments have access to the information on this form, please contact the government administration you are applying to.

Under the terms of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, you have the right to access, correct or, where applicable, delete of any information relating to you. In addition, you have the right to withdraw your consent at any time.

In addition, unless the processing of your personal data is mandatory, you may object to the processing of such data on legitimate grounds.

If you wish to exercise these rights and/or obtain an overview of the data held about you, please contact the relevant administration using the contact details provided in the form. You also have the right to submit a request to the National Commission for Data Protection (Commission nationale pour la protection des données), located at 15, boulevard du Jazz L-4370 Belvaux.

By submitting your application, you agree to the processing of your personal data as part of the application process.

Consult my data

Who to talk to

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Court of the District
Rechtbank Diekirch

4, place Guillaume
L-9237 Diekirch
Luxemburg
Mailing address:
B. P. 164 L-9202 Diekirch

Telephone: (+352) 80 32 14-1

Fax: (+352) 80 71 19 of (+352) 80 24 84

(+352) 80 32 14-1 The road to the court in Diekirch More information at the court of Diekirch
District Court of Luxembourg

Judgment City - Plateau of the Holy Spirit
L-2010 Luxemburg
Luxemburg
Mailing address:
mailbox 15

Telephone: (+352) 47 59 81-1

Fax: (+352) 47 59 81-2421

(+352) 47 59 81-1 The road to court in Luxembourg More information about the District Court of Luxembourg