Failure to cooperate with a breath test or blood test is punishable in Utrecht and throughout the Netherlands. The law requires drivers to participate in alcohol checks. The penalty for refusal is equivalent to that for driving under the influence.
Police Powers
The police have the right to conduct alcohol checks on all drivers:
- A preliminary breath test (not mandatory)
- A test on a breath analysis device (mandatory)
- Blood draw (if a breath test is not feasible)
- Medical examination by a doctor
Criminal Liability for Refusal
Ignoring an order to cooperate with a breath or blood test is a criminal offense under article 163 WVW. The maximum penalty is 3 months imprisonment or a fine of €9,000.
Reason for Criminal Liability
According to the law, it is presumed that someone who refuses may have something to hide. Therefore, the penalty for refusal is comparable to that for driving with alcohol on board. Refusing offers no advantage.
Exceptional Situations
In some cases, you cannot be forced to cooperate:
- Medical limitations that make blowing impossible (then a blood test is taken)
- Improper compliance with the procedure by the police
Consequences in Practice
In case of refusal, you can expect the following:
- Immediate seizure of your driving license
- Preparation of a official report
- Prosecution by the Public Prosecutor's Office
- A driving fitness examination via the CBR
Drug Checks
Similar rules apply for drugs. The police may require a saliva test or blood draw. Refusal of this is also punishable.
Frequently Asked Questions about Refusal in Utrecht
What happens if I refuse to cooperate with an alcohol test?
If you refuse to blow into a breath analysis device, you violate article 163 WVW. Your driving license will be confiscated, you will receive an official report and the Public Prosecutor's Office may prosecute you. The penalty can amount to 3 months imprisonment or a fine of €9,000. In addition, the CBR may investigate your driving fitness.
Is the police authorized to take a blood test in case of refusal?
Yes, if blowing is not possible (for example due to medical reasons), the police may require a blood test. This is usually done by a doctor at a police station or in a hospital. Refusing without a valid reason is punishable.
Can I avoid penalty by cooperating later?
No, a refusal remains a criminal offense, even if you cooperate later. The Public Prosecutor's Office may take your attitude into account in the penalty, but prosecution remains possible. Cooperating immediately is always wiser.
What reasons are valid for not cooperating?
Only medical causes, such as respiratory problems, can be a valid reason. The police will assess this and may involve a doctor. Procedural errors can also be grounds, but you must challenge this legally. 'Not wanting to' does not count as an excuse.
How long will I lose my driving license in case of refusal?
In case of refusal, your driving license is immediately confiscated and you receive a driving ban of up to 24 hours. The Public Prosecutor's Office determines whether the seizure lasts longer. Upon conviction, a driving disqualification of 6 months to 5 years may follow, depending on your history. The CBR may also initiate an investigation.
Relevant locations in Utrecht:
District Court Midden-Nederland: Vrouwe Justitiaplein 1
Legal Aid Office Utrecht: Catharijnesingel 55