Drink-driving in Luxembourg: beware of the consequences!
One offence, many consequences.
Drink-driving in Luxembourg can have serious consequences for your personal and professional life. In addition to the legal penalties, it is also important to guarantee the safety of all road users.
In the Grand Duchy of Luxembourg, as in neighboring countries, the law is very strict when it comes to drink-driving. Drink-driving is responsible for far too many serious and fatal accidents, which justifies dissuasive measures aimed at protecting all road users.
A few recommendations to avoid any risk
To avoid these penalties and, worse still, avoid causing an accident, we strongly advise you to :
- Plan your journeys: If you plan to drink, arrange your return journey with a designated driver who does not drink, or use public transport services.
- Respect the limits: Be aware of blood alcohol limits and make sure you strictly adhere to them. The wisest thing to do is not to drink alcohol at all.
- Be patient: Blood alcohol levels fall slowly, at a rate of 0.10 to 0.15 g/l per hour, and there is no quick way of eliminating alcohol from your body!
The effects of alcohol on driving and the legal limit in Luxembourg
Alcohol consumption considerably reduces alertness and reaction capacity, long before a state of inebriation appears. The effects include impaired reflexes, impaired judgement and reduced ability to make quick decisions.
The legal blood alcohol level is set at 0.25 mg of alcohol per liter of breath (breathalyzer), or 0.5 g per liter of blood.
It is important to know that each glass of alcohol (wine, beer, aperitif) consumed increases the alcohol level by 0.20 to 0.25 g on average, or even more for slimmer people or those in poor health. The limit is therefore reached with a maximum of 2 drinks!
A lower limit for certain drivers
For drivers in the categories below, the authorized limit is reduced to 0.1 mg of alcohol per liter of exhaled air.
- driving licence appliquants
- drivers in training
- instructors during practical training
- accompanying drivers
- drivers of vehicles on emergency duty or carrying dangerous goods
- drivers of taxis, ambulances and breakdown vehicles
- drivers of buses, coaches, lorries, etc.
- paid drivers and drivers under the age of 18.
The scale of penalties in Luxembourg
The law distinguishes between three levels of seriousness in terms of drink-driving:
- 0.25 < 0.35 mg/l (exhaled air): €145 fine and 2 points deducted
- 0.35 < 0.55 mg/l: driving ban, fine of up to €500 and deduction of 4 points.
- ≥ 0.55 mg/l: immediate withdrawal of license, a driving ban, a prison sentence of between 8 days and 3 years, a fine of between €500 and €10,000 and the loss of 6 points.
Drink-driving is a serious criminal offence that can have serious consequences for the driver.
The consequences of drink-driving are not limited to a driving ban.
If, initially, the driving ban results from the initial official report, the public prosecutor will ask the examining magistrate for a driving ban until the judgement has been handed down and is final.
In this case, it is possible to request partial or total lifting of the driving ban before the Chambre du Conseil or before the tribunal correctionnel if the case has already been set down for hearing.
Partial lifting of the driving ban will only be possible for work-related journeys.
The court will assess, in particular, the previous driving record and proof of need for the license.
The case is then heard by the court.
The following penalties are always imposed
- A fine
- A suspended driving ban, with exceptions for work-related journeys, or a suspended driving ban, depending on the seriousness of the offence and the defendant’s past record.
The court may also impose :
- A prison sentence, suspended or suspended on probation
- Confiscation of the vehicle as an accessory penalty
It doesn’t stop there!
The Ministry of Transport is informed of the conviction.
This results in the loss of points.
If the points on the license are no longer sufficient, the consequence will be the administrative loss of the right to drive for a period of 12 months, with no possibility of making any exceptions to this period.
During this 12-month period, the sentence imposed by the court will not be enforced. It will be resumed when the license is recovered.
Finally, the Ministry of Transport may decide, on the basis of the offences you have committed, to interview you to assess your situation with regard to alcohol and driving.
They may ask you to take samples to check your alcohol consumption over the past few months.
Your lawyer can help you through these various stages, advise you on the procedures and steps to take, and defend your case.