Driving under the influence of alcohol or drugs is a serious traffic offense that occurs frequently. Depending on the measured blood alcohol level and the damage caused, the sanctions can range from fines to prison sentences.
Legal Basis
The criminalization of driving under the influence is laid down in article 8 of the Road Traffic Act (WVW).
Maximum Limits
| Type of Driver | Blood Alcohol Level | Breath Analysis |
|---|---|---|
| Experienced Driver | 0.5 promille | 220 µg/l |
| Newcomer (< 5 years) | 0.2 promille | 88 µg/l |
Penalties
The severity of the penalty is determined by the alcohol level and the specific circumstances.
Overview of Penalties
| Alcohol Level | First Offense | Repeat Offense |
|---|---|---|
| 0.5 - 0.8 | Fine amount | Fine and driving ban |
| 0.8 - 1.0 | Fine and driving ban | Higher sanction |
| 1.0 - 1.3 | Higher fine and driving ban | Possible community service |
| Above 1.3 | Community service or prison sentence | Prison sentence |
Driving Ban
A driving ban may be imposed for violations of driving under the influence.
Duration
- First offense: several months to 1 year
- Repeat offense: 1 to 5 years
- Maximum: 5 years (10 years for multiple offenses)
Seizure of Driving License
In case of serious offenses, the police may immediately seize your driving license.
Process Steps
- Seizure by police
- Decision by public prosecutor within 10 days
- Retention for up to 4 months (extendable)
- Judicial decision on definitive driving ban
Drugs in Traffic
Driving under the influence of drugs is also punishable. Saliva tests are used for this purpose.
CBR Measures
The CBR may impose additional sanctions.
Possible Sanctions
- Educational Measure Alcohol (EMA)
- Alcohol interlock (no longer active)
- Assessment of fitness to drive
- Invalidation of driving license
Frequently Asked Questions about Driving under Influence in Utrecht
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 license may be seized immediately. The police hold it for up to 10 days, after which the public prosecutor decides on further steps. Penalties such as fines, driving bans, or imprisonment are possible, depending on the level and prior history.
How long can a driving ban last?
The duration of a driving ban depends on your alcohol level and previous offenses. For a first offense, it can be several months to one year. For repeats, it can go up to 5 years, and for multiple offenses up to 10 years. The court determines the final penalty, partly based on any damage caused or risks.
Can I get my driving license back after a ban?
After the driving ban expires, you can get your driving license back, but sometimes a CBR investigation is required. For serious offenses (above 1.3 promille) or repeats, the CBR may invalidate your driving license, requiring you to retake the exam. An Educational Measure Alcohol (EMA) may also be mandatory.
What are the consequences of driving under the influence of drugs?
Drug use in traffic is as punishable as alcohol use. The police can perform a saliva test, and if positive, you risk license seizure, fines, driving bans, or prison. The CBR may impose additional measures, as with alcohol.
Relevant Authorities in Utrecht
Court: District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal Aid: Juridisch Loket Utrecht, Catharijnesingel 55