Suspension vs cancellation of a driving licence in 2026: differences and recourse

Suspension and cancellation: two very different measures

A driving licence suspension is a temporary measure that deprives the driver of their right to drive for a set period. It can be administrative (decided by the prefecture) or judicial (ordered by a court). Cancellation, on the other hand, is definitive: the licence is erased and must be fully retaken to drive again.

Causes of licence suspension

Administrative suspension (immediate): blood alcohol ≥ 0.8 g/L, drug driving, speeding ≥ 40 km/h, serious accident with injuries, serious lack of insurance. The prefecture can issue a suspension of 1 to 6 months in these cases. Judicial suspension: ordered by the criminal court for the most serious offences, and can last up to 5 years.

Causes of judicial cancellation

Licence cancellation is ordered by the court in the most serious cases: involuntary manslaughter or involuntary injury while drink driving, hit and run after a personal injury accident, repeat drug-driving offence, refusal to submit to tests. It may be combined with a 'prohibition period' (banned from retaking the test for a number of months or years).

Invalidation due to zero points balance

A third measure exists: invalidation due to a zero points balance. This is neither a suspension nor a judicial cancellation: it is an automatic administrative consequence. The driver receives a registered letter ordering them to surrender their licence. To recover the right to drive, they must wait 6 months, retake the ETG (theory), and if passed, a probationary licence is returned with 6 points.

Available recourse in 2026

Against an administrative suspension: you can apply to the administrative court for an emergency suspension of the measure (interim relief). Against a judicial suspension: appeal within 10 days. Against invalidation for points: it is impossible to challenge the procedure if the points were regularly deducted, but you can challenge individual deductions if they were unlawful.

Getting your licence back after cancellation

After a judicial cancellation, once the prohibition period has expired, you must retake the full licence test (theory + driving), undergo a medical examination with an approved doctor, and sometimes a psychological assessment. The new licence is a probationary licence with 6 points.

How to get the right guidance?

If you need to retake your licence following a cancellation or a refresher after a suspension, DevisPermis.fr connects you with specialist schools. Get your free quote.