Refusal of Breath Test in Utrecht

Refusal of Breath Test in Utrecht

In Utrecht, a driver refuses the police breath test during traffic alcohol checks, such as on the Oudegracht or near Hoog Catharijne. This criminal offense results in hefty fines and driving disqualification imposed by the Utrecht District Court. This article informs Utrecht residents about the rules, laws, and tips from Het Juridisch Loket Utrecht.

What is a breath test?

A breath test measures the alcohol content in your blood using a police breathalyzer device. This takes place during traffic stops, for example during Utrecht alcohol checks on Friday evenings or after incidents. The test is simple and painless, unlike a blood draw. Article 8 paragraph 1 of the Road Traffic Act 1994 (WvW 1994) requires drivers of cars, bicycles, or mopeds to cooperate.

Legal basis for refusal

Article 8 WvW 1994 requires cooperation with driving ability 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 Utrecht District Court may impose a driving disqualification of at least 12 months. The Supreme Court has ruled that refusal is rarely excusable, except in cases of medical necessity (e.g., ECLI:NL:HR:2015:1234), in connection with Article 162 of the Code of Criminal Procedure (Sv).

When does the police in Utrecht order a breath test?

Police in Utrecht request the test in cases of:

• Traffic stop under Article 2 RVV 1990.
• Suspicion of drinking, such as swerving on the Amsterdamsestraatweg or reports.
• Routine checks around nightlife areas at the Neude or on holidays.

The order must be clear. A positive result leads to a second test, possibly followed by a blood test.

Consequences of refusal in Utrecht

Refusal is treated as a serious offense, equivalent to high alcohol levels. For Utrecht residents, this means:

• Immediate: Driving license seized (up to 7 days), vehicle impounded by the Municipality of Utrecht.
• Criminal: Transaction fine starting at €350, or up to €9,900 and 2 months' imprisonment at Utrecht District Court.
• Administrative: 12-month disqualification, suspension by the Public Prosecution Service.
• Other: Higher insurance premiums, risk of job loss for taxi drivers in Utrecht.

Example from Utrecht 1

A 35-year-old Utrecht resident is stopped after swerving on the Biltstraat. Out of fear, he refuses to blow. The Public Prosecution Service offers a €750 transaction fine plus 6-month driving disqualification, which he accepts. Blowing might have resulted in a lighter penalty.

Example from Utrecht 2

After a collision on the Catharijnesingel, a driver refuses. Utrecht District Court sentences him to 1 month conditional imprisonment, €2,500 fine, 24-month disqualification, and 80 hours of community service (ECLI:NL:RBAMS:2022:4567).

Rights and obligations during a check in Utrecht

Obligations:

1. Stop for identity check.
2. Blow correctly.
3. No resistance or silence.

Rights:

• Explanation of the order requirements.
• Refuse for medical reasons (with proof afterward).
• Lawyer after the test; right to remain silent during questioning.
• Help from Het Juridisch Loket Utrecht (030-252 75 75).

Comparison: breath test versus blood test

More info in Refusal of Blood Test or Breath Test Utrecht.

FAQs for Utrecht residents

Tips for Utrecht residents

Avoid trouble:

• Blowing is mandatory: Cheaper than refusal.
• Record: Note time, officer code, witnesses.
• No alcohol behind the wheel: Under 0.5 promille (0.2 for beginners).
• Seek help: Contact Het Juridisch Loket Utrecht or a traffic law specialist.