Driving ban: when do you get one and how long does it last?
A driving ban is a penalty in which the criminal court prohibits you from driving motor vehicles for a specified period; according to Article 179 of the Road Traffic Act 1994, this ban can last up to five years, and up to ten years in the event of a repeat offense. The public prosecutor can also impose a ban themselves in a penal order, but then for a maximum of six months.
Below, we explain who imposes the ban, how long it can last, the difference between a conditional and an unconditional ban, and what happens if you drive anyway. We also discuss how the ban relates to measures taken by the CBR.
What exactly is a driving ban?
A driving ban, referred to by law as a “disqualification from driving motor vehicles”, is an additional penalty imposed alongside, for example, a fine or community service. You retain your driving licence as a document, but you are not permitted to drive a motor vehicle during the ban.
The ban applies to all motor vehicles, including scooters and mopeds. This follows from the broad definition of “motor vehicle” in Article 1 of the Road Traffic Act 1994. Cycling and walking are permitted.
A disqualification is different from a declaration of invalidity by the CBR. A disqualification is a penalty imposed by the court or the Public Prosecution Service (OM). A declaration of invalidity is an administrative measure stating that you are not (yet) competent or fit to drive. You can read more about this in our article on invalidation of the driving license by the CBR.
For which offenses can you receive a driving ban?
Article 179, paragraph 1 of the Road Traffic Act 1994 lists the most serious traffic offences, such as driving under the influence (Article 8), causing an accident (Article 6), leaving the scene of an accident (Article 7, paragraph 1), and driving while prohibited (Article 9). For these offences, the maximum disqualification is five years.
For a second group of offenses mentioned in Article 179, paragraph 2 of the Road Traffic Act 1994, the maximum disqualification is two years. This includes, among others, Article 5 of the Road Traffic Act 1994: causing danger or obstruction on the road. A disqualification (up to ten or five years) may also follow under Article 179a of the Road Traffic Act 1994 for certain offenses under the Criminal Code committed with a car, such as manslaughter or aggravated assault.
In practice, a driving ban is imposed primarily for high blood alcohol levels, serious speeding violations, accidents resulting in injury, and dangerous driving. The Public Prosecution Service guidelines indicate for each offense when the Public Prosecution Service requires a driving ban and for how long. An overview of the possible sanctions can be found at penalties and measures in traffic criminal law.
How long can a driving ban last?
The statutory maximums are set out in Article 179 of the Road Traffic Act 1994: five years for the offenses listed in paragraph 1 and two years for the offenses listed in paragraph 2. Higher maximums apply in the event of repetition within a certain period.
| Situation | Maximum denial | Basis |
|---|---|---|
| Serious offenses, such as Articles 6, 7 paragraph 1, 8 and 9 of the Road Traffic Act | 5 years | Article 179, paragraph 1 of the Road Traffic Act 1994 |
| Other facts mentioned, such as Article 5 of the Road Traffic Act | 2 years | Article 179, paragraph 2 of the Road Traffic Act 1994 |
| Repetition of an offense under paragraph 1 within 5 years following a previous irrevocable disqualification | 10 years | Article 179, paragraph 4 of the Road Traffic Act 1994 |
| Repetition of a paragraph 2 offense within 2 years | 4 years | Article 179, paragraph 5 of the Road Traffic Act 1994 |
| Disqualification in a Public Prosecution Service penal order | 6 months | Article 257a, paragraph 2, subparagraph e of the Code of Criminal Procedure |
The time that your driving licence has already been confiscated or withheld is deducted according to Article 179, paragraph 6 of the Road Traffic Act 1994. For example, if your driving licence was withheld for three months and the judge imposes an unconditional sentence of six months, then three months remain. Read more in our article about a confiscated driver's license.
What is the difference between a conditional and an unconditional denial?
With an unconditional ban, you are strictly not allowed to drive as soon as the sentence is served. With a conditional ban, you may continue driving, as long as you adhere to the set conditions during a probationary period.
Pursuant to Article 14a of the Dutch Criminal Code, the judge may impose a sentence that is wholly or partially suspended. A common combination is a part unconditional and a part suspended, for example, six months of which three are suspended. If you commit another criminal offense during the probationary period, the judge may order the suspended part to be carried out.
Who imposes the driving ban: the judge or the Public Prosecution Service?
The criminal court judge may impose any disqualification up to the statutory maximum. The public prosecutor may only impose a disqualification of at most six months, by means of a penal order pursuant to Article 257a, paragraph 2, sub e of the Code of Criminal Procedure.
Before the Public Prosecution Service issues a summary penal order with a driving ban, the public prosecutor must hear you. The Public Prosecution Service Summary Penal Orders Directive states that this hearing cannot be waived, not even with your consent. You may be assisted by a lawyer during this hearing.
If you disagree with the summary penal order, you may lodge an objection within fourteen days pursuant to Article 257e of the Code of Criminal Procedure. The case will then be heard by the criminal court. The outcome there can be more favorable, but also less favorable. You can read more about this route in our article on the penal order in traffic cases.
When does the driving ban take effect?
Under current law, a driving ban is only enforced once the judgment or penal order is final. If you lodge an appeal, the enforcement is therefore delayed.
That could change. The Bill on the Improvement of Tackling Driving Under the Influence (Parliamentary Papers 36586) makes it possible, among other things, for a judge to declare a driving ban immediately enforceable. The House of Representatives adopted this proposal on October 27, 2026; consideration by the Senate is still ongoing, and a date for entry into force has not yet been set.
What happens if you drive while under a driving ban?
Driving while under a driving ban is prohibited under Article 9, paragraph 1 of the Road Traffic Act 1994 (WVW 1994) if you know or ought reasonably to know that the ban applies. This is an offence with a maximum penalty of three months' imprisonment or a fine of the third category (Article 176 WVW 1994).
The Public Prosecution Service views driving while under a driving ban as a serious traffic offense. Moreover, you can receive a new ban for this yourself, as Article 9 is included in the list of Article 179, paragraph 1 of the Road Traffic Act 1994. Driving while your driving licence has been confiscated or declared invalid by the CBR also falls under Article 9 of the Road Traffic Act 1994. Those without a valid driving licence can read more in our article about driving without a driver's license.
How does a driving ban relate to CBR measures?
Criminal law and administrative law run parallel. After a serious offense, the police often also report you to the CBR in accordance with Article 130 of the Road Traffic Act 1994, which can order a course or examination independently of the criminal case.
You can therefore receive a driving ban from the court, along with an educational measure or an assessment of your suitability by the CBR. If you do not cooperate with such a measure, the CBR will declare your driving licence invalid pursuant to Article 132 of the Road Traffic Act 1994. Consequently, after the expiration of a ban, you may only drive again once the CBR's side is also in order.
In addition, the law provides for a recidivism scheme for alcohol in Article 123b of the Road Traffic Act 1994. If you are irrevocably convicted twice within five years for driving under the influence, with a blood alcohol level of more than 1.3 per mille on the second occasion, your driving licence becomes invalid by operation of law. You must then retake the driving test.
What can we do for you in the event of a driving ban?
- We assess whether the disqualification proposed or demanded by the Public Prosecution Service is consistent with the facts and the Public Prosecution Service guideline.
- We prepare you for the hearing with the Public Prosecutor and assist you during it.
- We assess whether an objection to a penal order is worthwhile and draft the objection.
- We argue before the judge for a conditional or shorter ban, taking into account your personal circumstances such as work and caregiving.
- We verify whether the period of collection and withholding is deducted correctly.
- We align the criminal case with an ongoing CBR procedure.
Summary
- A driving ban is a punishment; the maximum terms are set out in Article 179 of the Road Traffic Act 1994 (usually five or two years, ten or four years for repeat offenses).
- The Public Prosecution Service may impose a maximum driving ban of six months in a penal order (Article 257a of the Code of Criminal Procedure); the judge may impose more.
- The time during which your driving licence was confiscated or withheld will be deducted from the disqualification.
- Driving while disqualified is a criminal offense (Article 9, paragraph 1 of the Road Traffic Act 1994).
- CBR measures are separate from the ban and may apply in addition.
Frequently asked questions about the driving ban
Am I allowed to ride a scooter or moped during a driving ban?
No. The ban applies to all motor vehicles, and a moped or light moped is a motor vehicle within the meaning of Article 1 of the Road Traffic Act 1994.
Can I get a driving ban for a fine issued by the CJIB?
Not for an ordinary traffic fine under the Mulder Act, such as for using a mobile phone while driving. A driving ban follows only via a penal order from the Public Prosecution Service or a ruling by the criminal court.
Does a penal order count towards the repeat offender rules?
Yes. According to Article 179, paragraph 9 of the Road Traffic Act 1994, a penal order is equated to a conviction for the purposes of this article.
Does a Dutch driving ban also apply if I have a foreign driver's license?
The disqualification prohibits you from driving a motor vehicle in the Netherlands, regardless of which driving licence you hold. According to Article 179, paragraph 8 of the Road Traffic Act 1994, a foreign driving licence also counts towards the deduction of the confiscation period if you reside in the Netherlands.
Questions about your case?
Email us a few sentences explaining what your question is about, via info@lawandmore.nlWe will let you know if we can help you and what the next step is.
This article provides general information and does not replace advice regarding your specific situation.
