The police decide on the length of the driving ban. In a fine procedure, the police generally wait for the prosecutor to make a decision and then decide on the length of the driving ban. However, its duration must be at least one month and no more than five years.
In a criminal case being heard in court, the police usually wait until the court has reached a decision before deciding on the driving ban.
If the police have imposed a temporary driving ban on you in connection with a fine being dealt with by the prosecutor – that is, a summary penal order – the case proceeds as follows:
The police issue you with a fine (a fine request). The police then forward the fine request to the prosecutor, and the prosecutor decides on the fine – that is, the prosecutor issues a summary penal order.
The prosecutor may also transfer the case from a fine procedure to criminal proceedings.
In some circumstances, the prosecutor may decide not to issue a summary penal order, refer the case back to the police or consider that the offence in the fine request is incorrect. If the prosecutor considers that the fine request is too lenient, you may be served with a new higher fine request. You will be informed of these measures if your case proceeds in that way.
The prosecutor may issue a summary penal order no earlier than two weeks after the fine request has been served on you. This is because the fined person always has two weeks to submit additional information, for example on changes in income.
In certain exceptional cases, you may be able to get your driving licence back before the prosecutor has reached a decision on the fine. You can contact the police about this.
You can read more about driving bans from the Police website.