Driving under the influence of alcohol or drugs is a serious traffic offence in Westland and beyond. The consequences can range from fines to long prison sentences, depending on the measured blood alcohol level and the damage caused.
Legal rules
In Article 8 of the Road Traffic Act (WVW), driving under the influence is criminalised.
Maximum limits
| Type of driver | Blood alcohol level | Breath analysis |
|---|---|---|
| Experienced drivers | 0.5 promille | 220 µg/l |
| Novice drivers (< 5 years) | 0.2 promille | 88 µg/l |
Possible penalties
The severity of the penalty is determined by the blood alcohol level and the specific circumstances.
Overview of sanctions
| Blood alcohol level | First offence | Repeat offence |
|---|---|---|
| 0.5 - 0.8 | Fine | Fine + driving disqualification |
| 0.8 - 1.0 | Fine + driving disqualification | Higher fine |
| 1.0 - 1.3 | Higher fine + driving disqualification | Possible community service |
| Higher than 1.3 | Community service or custodial sentence | Custodial sentence |
Driving privilege disqualification
If you drive under the influence, your driving privilege may be temporarily withdrawn.
Period of disqualification
- First offence: several months to 1 year
- Repeat offence: between 1 and 5 years
- Maximum for multiple offences: up to 10 years
Seizure of driving licence
In case of serious offences, the police may immediately seize your driving licence.
Procedure steps
- Police demands surrender of driving licence
- Public prosecutor decides within 10 days
- Detention possible up to 4 months (with extension)
- Court determines final disqualification
Drugs in traffic
Driving under the influence of drugs is also punishable. Saliva tests are used for this purpose.
CBR sanctions
The CBR may impose additional measures in addition to criminal sanctions.
Possible sanctions
- Educational Measure Alcohol (EMA)
- Investigation into fitness to drive
- Declaration of driving licence invalid
Frequently asked questions about driving under the influence in Westland
What happens when stopped with too much alcohol?
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 novices), your driving licence may be seized immediately. The public prosecutor decides on further steps within 10 days. Possible penalties include fines, driving disqualification or custodial sentence, depending on blood alcohol level and history.
How long does a driving disqualification last?
The duration depends on your blood alcohol level and previous offences. For a first time, it can be several months to one year. For repeats, it can go up to 5 years, and for multiple offences up to 10 years. The court ultimately decides, taking into account damage or risks.
Can I get my driving licence back after disqualification?
After the disqualification period, you can get your driving licence back, but sometimes a CBR investigation is required. For serious offences (above 1.3 promille) or repeats, your driving licence may be declared invalid, requiring a new exam. An EMA course may also be mandatory.
What are the consequences of driving under the influence of drugs?
Drug use in traffic is punishable, comparable to alcohol. A positive saliva test may result in seizure of your driving licence. Penalties range from fines to custodial sentences, and the CBR may impose additional sanctions such as a driving fitness investigation.