What is driving under the influence?
Driving under the influence means that you operate a motor vehicle while you have used alcohol, drugs, or certain medications. The use of these substances affects your driving ability and makes you a danger on the road. The law therefore sets clear limits on the amount of alcohol or drugs you may have in your body while driving.
When you are pulled over on suspicion of driving under the influence, the officer first administers an indicative breathalyzer or saliva test. If the result indicates that you have used an intoxicant, you will be detained for a follow-up investigation. This investigation may consist of a breath or blood test.
When is driving under the influence punishable?
Driving under the influence is punishable as soon as the legal limit is exceeded. The following limits apply to alcohol:
- Novice drivers (holding a driver’s license for less than 5 years): maximum 88 micrograms per liter of exhaled air (0.2 per mille).
- Experienced drivers: maximum 220 micrograms per liter of exhaled air (0.5 per mille).
For drugs and medication, each type of drug has its own legal limit:
- General: most drugs have a limit value of 50 micrograms per liter of blood. This includes MDMA, amphetamine, and cocaine.
- Cannabis/THC: a limit value of 3.0 micrograms per liter of blood.
- Heroin: a limit value of 20 micrograms per liter of blood.
- GHB: a limit value of 10 micrograms per liter of blood
When someone uses a combination of substances (for example, alcohol and drugs), the limit values are lowered. For alcohol, the limit value for experienced drivers is lowered from 0.5 per mille to 0.2 per mille. And for drugs, only 25 micrograms per liter of blood needs to be present for it to be punishable.
What penalties are usually imposed for driving under the influence?
The penalty imposed for the crime depends on the measured level, the type of vehicle driven, and whether someone has been previously convicted of driving under the influence. For motorists convicted of driving under the influence for the first time, the following guidelines apply:
Alcohol (novice driver):
- Per mille from 0.2 to 0.8: fine of €300.
- Per mille from 0.81 to 1.3: fine between €350 and €550 with a suspended driving disqualification of 6 months. Per mille from 1.31 to 2.35: fine between €650 and €1,100 with a driving disqualification of 6 to 10 months.
- Per mille of 2.36 and higher: community service starting from 60 hours with a driving disqualification starting from 12 months.
Alcohol (experienced driver):
- Per mille from 0.5 to 1.3: fine between €300 and €650. Per mille from 1.31 to 2.35: fine between €650 and €1,100 with a driving disqualification of 3 to 10 months.
- Per mille of 2.36 and higher: community service starting from 60 hours with a driving disqualification starting from 12 months.
Drugs:
- Single use of THC: fine of €450. Single use of other drugs/medication: fine of €850 with a possible suspended driving disqualification.
- Combined substance use: community service of 40 hours with a driving disqualification of 12 months, of which 6 months are suspended.
Can an officer just take a breath or saliva test and am I obliged to cooperate?
Yes. An officer may take a breath or saliva test without cause or suspicion. This is simply a supervisory power they possess. You are also obliged to cooperate with the breath or saliva test. Refusing to cooperate constitutes a criminal offense in itself. This is an infraction that is usually punished with a fine of €310.
What happens if you refuse a breath or blood test?
When there is a concrete suspicion that you have driven under the influence, for example due to the result of the breath or saliva test, because of your driving behavior, or a smell of alcohol or weed hanging in the car, the reporting officer can order you to cooperate in a follow-up investigation. You will then be taken to the police station where a breath or blood test will be administered. You are obliged to follow this order and provide your cooperation. Failure to follow the order constitutes a crime and is usually punished with a fine of €1,000 and a driving disqualification of 9 months.
What happens if a mistake is made during the breath or blood test?
The breath and blood test for driving under the influence is subject to strict legal regulations. These rules exist to guarantee the reliability of the investigation and its outcome. However, it regularly happens that mistakes are made during the investigation, for example during the collection, storage, or analysis of the blood. When an important regulation is violated – also known as the strict safeguards – the investigation can no longer be considered reliable. This often results in you being acquitted of driving under the influence.
It is therefore important that you are assisted by a lawyer who has a lot of experience in this field. They can then check for you whether the investigation was conducted in line with the regulations.
What happens if you have driven under the influence twice within five years?
If you are convicted of driving under the influence twice within five years, you may lose your driver’s license. In the Netherlands, we have a so-called ‘points system’ for driver’s licenses. This system works as follows:
- Have you been convicted of driving under the influence twice within five years and did you have more than 1.3 per mille alcohol in your blood at the time of the second conviction? Then your driver’s license will be declared invalid immediately.
- Have you been convicted of driving under the influence twice within five years and did you have less than 1.3 per mille alcohol in your blood at the time of the second conviction? Then a new five-year period begins and you will receive one penalty point again.
Note: refusing a breath or blood test is equated to a conviction for driving under the influence with more than 1.3 per mille alcohol.
To obtain a new driver’s license, you must retake the driving test and participate in a fitness-to-drive investigation.
Why is it wise to hire a lawyer if you are suspected of driving under the influence?
A conviction for driving under the influence can affect your future. You may risk not only a driving disqualification or community service. You may also experience problems in the future obtaining a Certificate of Good Conduct (VOG). A conviction for driving under the influence is almost always recorded on your criminal record. Your lawyer helps you prevent these unpleasant consequences. Our criminal defense attorneys have extensive experience with these types of criminal cases. Based on your case file, they will look for the best defense strategy for your criminal case. Your lawyer will find out for you if an acquittal is possible in your case. Please contact us without obligation to discuss the possibilities together.
