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Penalties for Driving Under the Influence in Westland

Penalties for driving under the influence in Westland: fines, driving bans, and jail. Local help at Westland District Court and Legal Aid Desk. Protect yourself and others! (128 characters)

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Penalties for Driving Under the Influence in Westland

Penalties for driving under the influence in Westland include hefty fines, driving disqualifications, and criminal sanctions for motorists who hit the road with excess alcohol or drugs. These measures safeguard road safety in our greenhouse horticulture region, where busy traffic on roads like the N213 is common, and penalties intensify for repeat offenses. As in the rest of the Netherlands, administrative and criminal proceedings are distinguished.

Legal Basis

Regulations on driving under the influence in Westland are set out in the Road Traffic Act 1994 (RTA 1994), particularly Article 8. This prohibits driving a motor vehicle under the influence of alcohol, drugs, or medicines that impair driving ability. The limits are:

  • Alcohol: Over 220 micrograms per liter of breath (μg/l) for experienced drivers; 100 μg/l for novices (less than 5 years' license) and drivers under 21.
  • Drugs: Any traces of cocaine, MDMA, THC, or benzodiazepines, with zero tolerance.

Exceedance often results in seizure of the driver's license (Article 130 RTA). Criminal cases fall under Article 9 RTA (offense in serious cases) or Article 10 RTA (violation). The Public Prosecution Service (PPS) follows guidelines from the National College of Prosecutors-General (NCPG). Repeat offenses in Westland trigger harsher sanctions under the prosecution policy.

Types of Penalties and Sanctions

Sanctions range from fines to imprisonment. Here is an overview table for typical cases in Westland:

Situation Alcohol Limit (μg/l breath) Drugs Typical Penalties
Minor violation (first offense) 221-380 Low/traces Fine €335-€670 (CJIB), license seized (5-7 days), educational measure (EMT).
Serious violation 381-570 Positive Fine €700-€1,500, driving disqualification (DD) 3-12 months, license seized.
Offense (high influence) >570 High/active use Up to 2 years imprisonment, DD 1-5 years, high fine (€10,000+), repeat: lifetime ban possible.
Repeat offense (within 5 years) All All Severer DD (doubled), fine doubled, mandatory course.

In accidents with injuries or fatalities in Westland, the Mulder Act (penalty discount for settlement) often does not apply, with additional penalties from the Criminal Code (Articles 6-9).

Real-Life Examples from Westland

Example 1: Jan from 's-Gravenzande blows 250 μg/l after a party. Police issue a report, license seized for 7 days. CJIB imposes €400 fine plus EMT (€435). Total around €850 and 10 hours of training.

Example 2: Marie from Naaldwijk tests positive for THC after cannabis. Immediate seizure (6 months). PPS demands 6 months DD and €800 fine; Westland District Court upholds, plus alcohol interlock program.

Example 3: Pieter from Monster crashes at 650 μg/l. Criminal case: 4 months conditional prison, 2 years DD, €5,000 fine. Repeat would mean 3 years DD.

Rights and Obligations upon Suspicion in Westland

Rights:

  1. Right to silence and lawyer (Article 37 CCP).
  2. Objection to seizure with prosecutor within 7 days.
  3. Hearing at CJIB/police court; appeal to Westland District Court.
  4. Medical re-examination after DD.

Obligations:

  • Drive only with valid license.
  • Cooperate with tests (refusal punishable, Article 8(3) RTA).
  • Pay fine on time.

Refusing a test incurs the same penalties as a positive result.

Frequently Asked Questions

Can I get my license back during seizure?

No, not during the period (5-12 months). Apply for a provisional license at Westland District Court, but success is low in serious cases.

Taken medication?

Prohibited if pictogram present. Show prescription; sometimes exemption, but positive test? Penalties apply. Seek advice from pharmacy or Westland Legal Aid Desk.

How long is DD?

3 months to lifetime. Trial period 2 years; new violation reactivates.

Alcohol interlock mandatory?

Often yes for >380 μg/l, 2 years, costs €1,500-€2,000 at your expense.

Tips and Recommendations for Westland Residents

  • Prevent it: Stay under the limit; use the 'Promillage' app or designated driver (Bob).
  • During a check: Stay calm, cooperate, note officer details, demand a lawyer.
  • Objection: Within 14 days in writing to CJIB. Help via Westland Legal Aid Desk (free advice) or Municipality of Westland.
  • License restoration: Courses (EMT/alcohol interlock) and CBR test.
  • Avoid repeats: Follow local road safety campaigns by Municipality of Westland.