Failure to cooperate with a breath test or blood test is punishable in Rijswijk and elsewhere. The law requires drivers to cooperate with alcohol checks, and the penalty for refusal is the same as that for driving under the influence.
What may the police in Rijswijk do?
The police have the right to conduct an alcohol check on any driver:
- Preliminary breath test (not mandatory)
- Breath analysis on a device (mandatory)
- Blood draw (if breath test is impossible)
- Medical examination by a doctor
Penalty for refusal
Failure to comply with an order to cooperate with a breath or blood test is a punishable offence under article 163 WVW. The maximum penalty is 3 months imprisonment or a fine of €9,000.
Why punishable?
The legislator assumes that refusal indicates something to hide. Therefore, the penalty for refusal is the same as for driving with alcohol. Refusing is thus pointless.
Exceptions to cooperation
In some situations, you do not have to cooperate:
- Medical limitations that prevent blowing (then a blood test follows)
- Incorrect execution of the procedure by the police
Consequences in practice
In case of refusal, you can expect:
- Immediate seizure of your driving licence
- Drafting of a proces-verbaal
- Prosecution by the Public Prosecution Service
- Fitness to drive examination via the CBR
Drug checks
The same rule applies 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 Rijswijk
What happens if I refuse a breath test?
If you refuse to cooperate with a breath analysis, you commit a punishable offence (article 163 WVW). Your driving licence will be confiscated, you will receive a proces-verbaal and the Public Prosecution Service may prosecute you. The penalty can amount to 3 months imprisonment or a fine of €9,000. In addition, the CBR may require an examination of your fitness to drive.
Can the police take a blood test without reason?
Yes, if a breath test is not possible (for example, due to medical reasons), the police may take a blood test. This is done under the supervision of a doctor, often at a police station or in a hospital. Refusal without a valid reason is punishable.
Can I avoid penalty by cooperating later?
No, a refusal remains a punishable offence, even if you cooperate later. The Public Prosecution Service may judge more leniently in case of later cooperation, but prosecution remains possible. Cooperating immediately is always the best choice, unless there is a valid reason.
What are valid reasons to refuse?
Only medical reasons, such as breathing problems, can be a valid reason. The police will assess this and may involve a doctor. Procedural errors can also be a ground, but you must challenge this legally, for example via the Juridisch Loket Rijswijk.
How long will I lose my driving licence in case of refusal?
In case of refusal, your driving licence is immediately confiscated and you receive a temporary driving ban of up to 24 hours. The Public Prosecution Service decides on longer seizure. Upon conviction, a driving disqualification of 6 months to 5 years may follow, depending on your history. The CBR may also impose an examination.