Refusal of Breath Analysis in Rijswijk
In Rijswijk, drivers often refuse breath tests during police alcohol checks, for example on busy roads like the Van Vredenburchweg or during nights out. This criminal offense results in hefty fines, driving bans, and other sanctions. This article informs Rijswijk residents about the rules, local procedures at the Rijswijk District Court, and practical tips from experts.
What Does a Breath Analysis in Rijswijk Entail?
A breath analysis measures the alcohol level in your blood via a breath test. Police in Rijswijk use it during traffic stops, such as alcohol checks near shopping centers or after incidents. The test 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 order.
Legal Basis for Refusal in Rijswijk
Article 8 WvW 1994 requires drivers of cars, bicycles, or mopeds in Rijswijk to cooperate with sobriety tests, including breath tests. Refusal falls under Article 176 WvW 1994, punishable by up to two months' imprisonment or a third-category fine (€9,900 in 2024). The Rijswijk District Court may impose a driving ban, typically 12 months or more.
The Supreme Court has ruled that 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 Do Police in Rijswijk Request a Breath Test?
Checks occur in cases of:
- Traffic stops under Article 2 RVV 1990, often in Rijswijk neighborhoods.
- Suspicion of drinking, due to swerving or reports via the Municipality of Rijswijk.
- Party checks around New Year's Eve or local events.
The officer gives a clear order. A positive result leads to a second test, possibly followed by a blood test.
Consequences of Refusal in Rijswijk
Refusal is treated as a serious offense, equivalent to high blood alcohol driving. Local impacts include:
- Immediate: License seized (up to 7 days), vehicle impounded by the Municipality of Rijswijk.
- Criminal: Transaction from €350; in court, up to €9,900 fine and 2 months' imprisonment at Rijswijk District Court.
- Administrative: 12-month driving ban, suspension by the Public Prosecutor's Office.
- Other: Higher insurance premiums, risk of job loss for truck drivers in Rijswijk.
Case Example 1 Rijswijk
A 35-year-old Rijswijk resident is stopped on Sir Winston Churchillaan for swerving. Fearing for his license, he refuses. The Public Prosecutor's Office offers a €750 transaction plus 6-month ban; he accepts. Blowing might have resulted in lighter consequences.
Case Example 2 Rijswijk
After a collision in Rijswijk-West, a driver refuses. Rijswijk District Court sentences him to 1 month suspended imprisonment, €2,500 fine, 24-month ban, and 80 hours community service (ECLI:NL:RBRWS:2022:4567).
Rights and Obligations During a Check in Rijswijk
Obligations:
- Stop and show ID.
- Blow correctly.
- Do not walk away or remain silent.
Rights:
- Explanation of the order requirements.
- Refuse if medical issue (with proof afterward).
- Lawyer after the test; right to remain silent during questioning.
- Free advice at Het Juridisch Loket Rijswijk.
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 result |
| Refusal Penalty | Art. 176 WvW | Art. 179 WvW (up to 3 months imprisonment) |
| Evidence | Preliminary test (0.5/1.0 promille) | Binding evidence |
More info in our article on refusal of blood test or breath test in Rijswijk.
Frequently Asked Questions Rijswijk
Can I refuse due to medication?
No, medication does not count. Only acute issues with doctor's proof later. Refusal remains punishable at Rijswijk District Court.
Faulty device in Rijswijk?
Police must have a working device. Challenge later with evidence, but refusal remains risky.
Is a transaction always possible?
No in accidents; then summons. Transaction €350-€1,000 with ban.
License seized in Rijswijk?
Request CBR hearing; call Het Juridisch Loket Rijswijk or a lawyer.
Tips for Drivers in Rijswijk
Avoid trouble:
- Always blow: Cheaper than refusal.
- Document: Note time, officer, and witnesses.
- Stay sober: Below 0.5 promille (0.2 for beginners).
- Seek help: Contact Het Juridisch Loket Rijswijk for free advice or a specialized lawyer.