Failure to cooperate with a breath test or blood test is punishable in Leiden and throughout the Netherlands. The law requires drivers to participate in alcohol checks. The penalty for refusal is the same as that for driving under the influence.
Powers of the police
The police have the right to conduct an alcohol check on all drivers:
- A preliminary breath test (not mandatory)
- A breath analysis on a device (mandatory)
- A blood test (if blowing is not possible)
- A medical examination by a doctor
Penalty for refusal
Failure to comply with a police order to cooperate with a breath or blood test is a criminal offense under article 163 WVW. The maximum penalty is 3 months imprisonment or a fine of €9,000.
Reason for punishability
The legislator assumes that anyone who refuses may be hiding something. Therefore, the penalty for refusal is the same as for driving with alcohol on board. Refusing thus offers no advantage.
Exceptional situations
In some cases, you do not have to cooperate:
- Medical limitations that make blowing impossible (then a blood test follows)
- Incorrect execution of the procedure by the police
Consequences in practice
In case of refusal, you can expect the following:
- Immediate seizure of your driving license
- Drafting of a proces-verbaal
- Prosecution by the Public Prosecutor's Office
- A driving fitness examination via the CBR
Drug checks
Strict rules also apply to drug checks. The police may require a saliva test or blood draw. Refusal of this is also punishable.
Frequently asked questions about refusal in Leiden
What happens if I refuse a breath test?
If you refuse to blow into a breath analysis device in Leiden, you violate article 163 WVW. Your driving license will be seized, you will receive a proces-verbaal, and the Public Prosecutor's Office may prosecute you. The penalty can amount to 3 months imprisonment or a fine of €9,000. In addition, the CBR may investigate your driving fitness.
Can the police in Leiden demand a blood test without reason?
Yes, if blowing is not possible due to, for example, medical reasons, the police in Leiden may take a blood sample. Refusal without a valid reason is punishable. A doctor performs this, often at a police station or in a hospital.
Can I avoid penalty by cooperating later?
No, a refusal remains a criminal offense, even if you cooperate later. The Public Prosecutor's Office may judge more leniently in case of later cooperation, but prosecution remains possible. Cooperating immediately is therefore wiser, unless an exception applies.
What are valid reasons not to cooperate?
Only medical causes, such as respiratory problems, can be a valid reason. The police determine whether this is true, possibly with a doctor. Procedural errors can also be a ground, but you must challenge this legally, for example via a lawyer in Leiden.
How long will I lose my driving license after refusal?
In case of refusal in Leiden, your driving license is immediately seized and you receive a temporary driving ban of 24 hours. The Public Prosecutor's Office decides on further seizure. Upon conviction, a driving disqualification of 6 months to 5 years may follow, depending on your history. The CBR may also require an examination.