Confiscation of the vehicle

Verified 27 August 2026 - Public Service / (Prime Minister)

You have committed a offense serious to the highway code and you wonder if the judge can order the confiscation of your vehicle? We tell you what you need to know.

Confiscation of the vehicle is a criminal sanction imposed by a judge following a offense engraved in the highway code.

It's a additional penalty  in addition to other sanctions such as payment of a fine, the suspension or cancelation of the driving license.

In practice, you are permanently deprived of your vehicle.

FYI  

Confiscation is usually imposed as a result of the fixed asset and impoundment the vehicle used to commit the offense.

The judge may order the confiscation of the vehicle in the following procedures:

Depending on the seriousness of the offense, the Highway Traffic Act provides for an optional or mandatory confiscation penalty.

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Optional confiscation

The judge can order the confiscation of your vehicle if you have committed any of the following traffic offenses:

Compulsory confiscation

The judge must order the confiscation of your vehicle if you commit any of the following offenses:

  • Recurrent driving under the influence of alcohol or in a state of obvious intoxication
  • Repeated refusal to submit to checks to establish status of blood alcohol
  • Recurrence of driving after use of narcotics
  • Repeated refusal to submit to drug use checks
  • Repeated driving of a vehicle without an ignition interlock system, despite a judge's ban following a conviction for drinking and driving
  • Refusal to comply
  • Repeated refusal to comply
  • Refusal to comply in case of aggravating circumstances
  • Recurrence of high speeding (equal to or greater than 50 km/h of the maximum authorized speed)
  • Manslaughter in the course of driving in aggravating circumstances
  • Unintentional injuries while driving in case of aggravating circumstances
  • Driving a vehicle with a false driver's license
  • Driving a vehicle despite a judicial decision to suspend, cancel or prohibit the issuance of a license
  • Motorized rodeo
  • Driving after drug use if you are also under the influence of alcohol
  • Driving in a state of obvious intoxication if you have also obviously used narcotics.

However, the judge may not pronounce the confiscation sentence provided that state the reasons for its decision. For example, because of the circumstances of the offense, your personality, the value of the vehicle, the consequences of a confiscation on the living conditions of your loved ones.

Please note

Confiscation of the vehicle only applies if you are convicted of the offense for which you are charged.

In principle, confiscation concerns the vehicle which you used to commit the offense and which you own.

However, in the event of a conviction following a refusal to comply, or of a motorized rodeo, confiscation may concern the vehicle for which you are free to use, subject to the rights of the owner in good faith.

In addition, in the event of a conviction following a refusal to comply, confiscation may concern several of your vehicles.

Confiscation may apply to a vehicle in co-ownership.

However, where the co-owner concerned is known, he must have been given the opportunity to submit his observations, at the hearing or in writing, in order to assert his rights and his good faith.

The co-owner can request the return of the vehicle if the following two conditions are met:

  • He was not informed of the procedure and was not able to submit his observations
  • The confiscation order has become definitive

He must bring an incident before the court concerned litigation to request the return of the vehicle.

You can ask the judge to be exempted from confiscation by presenting arguments and supporting documents.

Indeed, even if the offense committed is punishable by compulsory confiscation of the vehicle, the judge may not pronounce the confiscation sentence provided that state the reasons for its decision.

For example, you can tell the judge that the vehicle is essential to your professional activity.

However, the judge is not obliged to take your request into account.

If the judge pronounces relaxed, you get your vehicle back.

If the judge finds you guilty without ordering the confiscation of the vehicle, it is returned to you.

If the judge finds you guilty and orders the confiscation of the vehicle, it becomes state property and will be handed over to the Domain to be sold, assigned to a state service or destroyed.

The rule varies depending on the judge's decision.

The judge pronounces the release

In case of decision to release having a character definitive, you can claim the reimbursement of impound costs as legal costs. You must make the request in a 6 months delay from the date on which the decision to release became definitive. The request is made by declaration to graft against receipt or by registered letter with : titleContent. Attach a copy of the release decision and one proof of payment the cost of kidnapping and impoundment. The amount of the refund is calculated according to the rates for collection fees and care fees. Reimbursement of costs shall only apply to the period before the decision to release the animal from impoundment is taken.

The judge finds you guilty but the vehicle is not confiscated

If the court has ordered the immobilization of the vehicle, you will recover the vehicle at the end of the immobilization period set by the court against payment of the impound costs. You cannot claim the reimbursement of pound costs.

You can challenge the confiscation of the vehicle by appealing the decision in a 10 days from the delivery of the decision at the hearing.

The period of 10 days shall run from notification the decision if you were not present or represented by counsel at the hearing.

Refuse to hand over the confiscated vehicle is a offense punished by a prison term of 2 years maximum and by a fine of €30,000 maximum.

The same penalties apply in the event of destruction or attempt to destroy of the confiscated vehicle.

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