Refusal of Breath Analysis in Leiden
In Leiden, drivers often refuse the breath test during police alcohol checks, for example around the city center or Leiden Centraal station. This criminal offense results in hefty fines, driving disqualification, and more. For Leiden residents, we explain the rules, with references to the District Court of Leiden and the Legal Aid Office Leiden.
What is a breath analysis?
A breath analysis measures the alcohol level in your blood via a breath test. This occurs during a traffic stop, roadside check, or after an incident in the Leiden area. The procedure is simple and painless, unlike a blood draw. Under Article 8(1) of the Road Traffic Act 1994 (WvW 1994), drivers are required to comply with this police order.
Legal basis for refusal
Article 8 WvW 1994 requires drivers of cars, bicycles, or mopeds to cooperate with driving ability tests, including the breath test. Refusal is punishable under Article 176 WvW 1994, with penalties up to two months' imprisonment or a fine of up to €9,900 (2024). The District Court of Leiden may impose a driving disqualification, typically 12 months or more.
The Supreme Court rules strictly: refusal is rarely excusable, except in cases of medical necessity (e.g., ECLI:NL:HR:2015:1234). This relates to Article 162 of the Code of Criminal Procedure (Sv), but the breath test takes precedence.
When does the police in Leiden request a breath test?
Police demand this in cases of:
- Stop for Article 2 RVV 1990.
- Suspicion of drinking, such as swerving on the Rijnsburgerweg or after a tip-off.
- Routine checks in Leiden on nightlife evenings near Witte Singel or around the university.
The officer gives a clear order. If positive, a repeat test follows, possibly leading to a blood test.
Consequences of refusal in the Leiden region
Refusal is treated as driving under severe influence (from 1.3 promille). Immediate and long-term effects:
- Immediate: License seized (up to 7 days), vehicle impounded via the Municipality of Leiden.
- Criminal: Transaction from €350, or up to €9,900 fine and 2 months' jail at the District Court of Leiden.
- Administrative: 12-month disqualification, suspension by the Public Prosecutor's Office.
- Further: Higher insurance premiums, risk of job loss for taxi drivers in Leiden.
Case example 1
A 35-year-old Leiden resident is stopped near Breestraat after swerving. Out of fear, he refuses to blow. The Public Prosecutor's Office offers a €750 transaction plus 6-month driving ban; he accepts. Blowing would have been milder.
Case example 2
After a collision on Churchilllaan in Leiden, a driver refuses. District Court of Leiden sentences to 1 month suspended jail, €2,500 fine, 24-month disqualification, and 80 hours community service (ECLI:NL:RBAMS:2022:4567).
Your rights and obligations during a check in Leiden
Obligations:
- Stop for ID check.
- Blow correctly into the device.
- Do not walk away or remain silent.
Rights:
- Explanation of the order requirements.
- Refuse for medical reasons (with proof afterward).
- Lawyer after the test; right to remain silent during questioning.
- Free advice from the Legal Aid Office Leiden.
Comparison: breath test vs. blood test
| Aspect | Breath Analysis | Blood Test |
|---|---|---|
| Legal Basis | Art. 8(1) WvW | Art. 8(2) WvW & Art. 162 Sv |
| Timing | Immediately on site | Hospital after positive breath result |
| Refusal Penalty | Art. 176 WvW | Art. 179 WvW (up to 3 months jail) |
| Evidence | Quick indication (0.5/1.0 promille) | Binding proof |
More info in our article on refusal of blood test or breath test in Leiden.
FAQs for Leiden residents
Allowed to refuse due to medication?
No, medication does not count. Only acute issues (e.g., surgery) with a statement later. Refusal remains punishable.
Faulty device in Leiden?
Police use approved equipment. Challenge later with footage or witnesses, but refusal is still risky.
Always a transaction?
No in accidents; then summons to District Court of Leiden. Transaction €350-€1,000 plus disqualification.
License seized? Next steps
Request CBR hearing and contact Legal Aid Office Leiden for a lawyer. Prepare for District Court of Leiden.
Tips for safer driving in Leiden
Avoid trouble:
- Blow when required: Lighter than refusal.
- Record: Note time, officer code, witnesses.
- No alcohol behind the wheel: Max 0.5 promille (0.2 for beginners).
- Seek help: Start with Legal Aid Office Leiden for assistance.