Driving license confiscated by the police? Here's what you can do immediately.
Is your driver's license revoked by the police? This often has major consequences for your work, family, and daily life. Many people do not know when the police are allowed to revoke your driver's license, what happens next, and—more importantly—how to get your driver's license back as quickly as possible.
In this blog, we explain clearly:
when your driver's license may be revoked,
what the public prosecutor decides next,
and what steps you can take to get your driver's license back.
When can the police confiscate your driver's license?
The police may confiscate your driver's license under the Road Traffic Act 1994 in the event of serious traffic offenses. This occurs in the following situations, among others:
Driving under the influence of alcohol
Your driver's license may be revoked if you have consumed too much alcohol:
Experienced driver
Breath alcohol content higher than 570 µg/l, or
Blood alcohol content higher than 1.3‰
Novice driver
Breath alcohol content higher than 350 µg/l, or
Blood alcohol content higher than 0.8‰
Refusal to undergo an alcohol test
Even if you refuse to cooperate with:
a breath test, or
a blood test (if no breath test has been performed),
your driver's license may be revoked immediately.
Serious speeding offense
Your driver's license may be revoked if you:
driving a car at 50 km/h or more over the speed limit, or
Driving a moped at 30 km/h or more over the speed limit,
provided that you have been detained.
Serious danger on the road
Finally, recovery may take place if you have seriously endangered road safety. Examples include:
traffic accidents resulting in death or serious bodily injury, or
very high speeding offenses, for example within built-up areas.
What happens after your driver's license has been confiscated?
After confiscation, the police will send your driver's license to the public prosecutor as soon as possible, together with a report explaining why your driver's license was confiscated.
Decision within 10 days
The public prosecutor has a maximum of 10 days to decide:
return your driver's license, or
withhold your driver's license.
If no decision is made within 10 days, your driver's license must be returned immediately.
How long can the driver's license be withheld?
If the public prosecutor decides to withhold your license, it may be retained:
until the criminal case has been irrevocably concluded.
If your criminal case has not commenced within six months of collection, the law stipulates that your driver's license must be returned.
Getting your driver's license back: what can you do?
Has your driver's license been revoked pursuant to Section 164 of the Road Traffic Act? If so, you can take immediate action.
Request to the public prosecutor
You (or your lawyer) may request the public prosecutor to:
refrain from revoking your driver's license.
This request can be substantiated with, for example:
your occupation (e.g., driver, entrepreneur),
medical reasons,
care responsibilities,
other compelling personal circumstances.
Complaint filed with the court
In addition, you can request the court to revoke your driver's license:
temporarily return, pending the criminal case.
This is done through a complaint procedure at the court.
A solid legal basis is crucial here, for example:
if the collection does not meet the legal requirements,
or when your personal interests outweigh the public interest.
Has your driver's license been revoked? Consult a lawyer in good time.
In practice, acting quickly can make the difference between months without a driver's license or a quick return. A specialized criminal lawyer knows exactly:
which arguments are promising,
how procedures can be accelerated,
and when the prosecutor or judge should be approached.
Has your driver's license been confiscated by the police or withheld by the public prosecutor? Then contact us. We will put you in direct contact with a specialized criminal defense attorney specializing in traffic law for a no-obligation consultation.