Driving under the influence of alcohol or drugs is a serious traffic offense that occurs frequently. The sanctions range from fines to imprisonment, depending on the measured alcohol level and the damage caused.
Legal rules
According to Article 8 of the Road Traffic Act (WVW), driving under the influence is punishable.
Maximum limits
| Type of driver | Blood alcohol content | Breath alcohol content |
|---|---|---|
| Experienced driver | 0.5 promille | 220 µg/l |
| Newcomer (< 5 years license) | 0.2 promille | 88 µg/l |
Sanctions
The severity of the penalty is determined by the alcohol promille and the specific circumstances.
Overview of penalties
| Alcohol content | First offense | Repeat offense |
|---|---|---|
| 0.5 - 0.8 | Fine amount | Fine + driving ban |
| 0.8 - 1.0 | Fine + driving ban | Higher fine |
| 1.0 - 1.3 | Higher fine + driving ban | Possible community service |
| More than 1.3 | Community service or imprisonment | Imprisonment |
Driving ban
In case of an offense, the court may impose a driving ban as a penalty.
Length of the ban
- First offense: several months to 1 year
- Repeat offense: 1 to 5 years
- Maximum for multiple offenses: 10 years
Seizure of driver's license
In case of serious offenses, the police may immediately seize your driver's license.
Process steps
- Seizure by the police
- Decision by the public prosecutor within 10 days
- Detention possible up to 4 months (with extension)
- Court ruling on definitive driving ban
Drugs in traffic
Using drugs while driving is also punishable. Saliva tests are used for this purpose.
Measures by the CBR
The CBR may impose additional sanctions following an offense.
Possible consequences
- Educational Measure Alcohol (EMA)
- Investigation into fitness to drive
- Invalidation of driver's license
Frequently asked questions about driving under the influence
What happens if I am pulled over with too much alcohol?
During a check, the police measure your alcohol level via breath or blood. If you exceed the limit (0.5 promille for experienced drivers, 0.2 for beginners), your driver's license may be seized immediately. The public prosecutor decides on further steps within 10 days. Possible penalties include fines, driving bans, or imprisonment, depending on the promille and prior offenses.
How long can a driving ban last?
The duration of a driving ban depends on the alcohol content and your criminal record. For a first offense, it ranges from several months to one year. For repeats, it can go up to 5 years, and for multiple offenses, even up to 10 years. The court determines the exact period.
Can I get my driver's license back after a ban?
After the driving ban expires, you can get your driver's license back, but sometimes a CBR investigation is required. For serious offenses (above 1.3 promille) or repeats, your driver's license may be declared invalid, meaning you must retake the exam. An EMA may also be imposed.
What are the consequences of driving under the influence of drugs?
Drug use in traffic is as punishable as alcohol use. The police may conduct a saliva test. If positive, you risk seizure of your driver's license, fines, a driving ban, or imprisonment. The CBR may take additional measures.
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46