Operating a vehicle under the influence of alcohol or drugs is a serious traffic offence. The sanctions range from fines to imprisonment, depending on the measured blood alcohol level and the damage caused.
Legal rules
Pursuant to article 8 of the Road Traffic Act (WVW), driving under the influence is punishable.
Maximum limits
| Type of driver | Blood alcohol level | Breath analysis |
|---|---|---|
| Experienced driver | 0.5 promille | 220 µg/l |
| Newcomer (< 5 years driving licence) | 0.2 promille | 88 µg/l |
Possible penalties
The severity of the penalty is determined by the alcohol level and the specific circumstances.
Overview of sanctions
| Promille | First offence | Repeat offence |
|---|---|---|
| 0.5 - 0.8 | Fine amount | Fine and driving ban |
| 0.8 - 1.0 | Fine and driving ban | Higher fine |
| 1.0 - 1.3 | Higher fine and driving ban | Possible community service |
| Above 1.3 | Community service or imprisonment | Imprisonment |
Driving ban
In case of violation, a temporary driving ban may be imposed.
Duration of the ban
- First offence: several months to 1 year
- Repeated offence: 1 to 5 years
- Maximum: 5 years (or 10 years in case of frequent recidivism)
Seizure of driving licence
In case of serious violations, the police may immediately seize your driving licence.
Process steps
- Seizure by the police
- Decision by the public prosecutor within 10 days
- Withholding possible up to 4 months (with extension)
- Judicial ruling on definitive driving ban
Drugs and traffic
Driving under the influence of narcotic substances is also punishable. Saliva tests are used for this purpose.
Measures by CBR
The CBR may impose additional sanctions in Rijswijk and surrounding areas.
Possible consequences
- Educational course Alcohol (EMA)
- Alcohol interlock programme (no longer active)
- Assessment of driving ability
- Invalidation of driving licence
Frequently asked questions about driving under influence in Rijswijk
What happens when stopped with an excessively high alcohol level?
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 driving licence may be seized immediately. The public prosecutor decides on further steps within 10 days. Sanctions range from fines to imprisonment, depending on the promille and prior history.
How long does a driving ban last for driving under the influence?
The length of a driving ban depends on the promille and previous violations. For a first time, it can be several months to 1 year. In case of repetition, it can amount to 5 years, and in case of multiple violations even up to 10 years. The judge determines the final duration, taking circumstances into account.
Can I get my driving licence back after a ban?
After the driving ban expires, you can get your driving licence back, but sometimes a CBR investigation is required. In case of serious violations (above 1.3 promille) or repetition, the CBR may invalidate your driving licence. In that case, you must take the exam again. A course such as EMA may also be mandatory.
What are the consequences of driving under the influence of drugs?
Operating a vehicle under the influence of drugs is just as punishable as with alcohol. The police may conduct a saliva test. In case of a positive result, you risk seizure of your driving licence, fines, driving ban or imprisonment. The CBR may impose additional measures.