Refusal of Breath Analysis in Westland
In Westland, drivers frequently refuse police breath tests during alcohol checks, for example on busy roads around the greenhouses or following reports of erratic driving. This criminal offense results in substantial fines, driving disqualification, and other penalties. This article discusses the rules, laws, and tips specifically for residents of Westland.
What is a breath analysis?
A breath analysis measures the alcohol level in your blood using a breath test with a police device. This occurs during traffic stops, such as routine checks in Westland or after incidents. The test is simple and painless, unlike a blood draw. Under article 8 paragraph 1 of the Road Traffic Act 1994 (WvW 1994), you are required as a driver to cooperate.
Legal basis for refusal
Article 8 WvW 1994 requires drivers of cars, bicycles, or mopeds to cooperate with driving ability tests, including breath tests. Refusal is punishable under article 176 WvW 1994, with penalties up to two months' imprisonment or a third-category fine (€9,900 in 2024). The District Court of Westland may also impose a driving disqualification, typically 12 months or more.
The Supreme Court has ruled that refusal is rarely excusable, except in cases of medical necessity (e.g., ECLI:NL:HR:2015:1234). This relates to article 162 of the Code of Criminal Procedure (Sv), but the breath test takes precedence.
When does the police in Westland request a breath test?
Police demand a test in cases of:
- Traffic stop under article 2 RVV 1990, often on the N213 or around Naaldwijk.
- Suspicion of drinking, due to swerving or tips from citizens.
- Extra checks during Westland events or weekend nights.
The order must be clear. A positive result leads to a second test, possibly followed by a blood test.
Consequences of refusal in Westland
Refusal is treated as a serious offense, equivalent to high blood alcohol driving. Immediate and longer-term effects include:
- Immediate: License seized (up to 7 days), vehicle sometimes sidelined.
- Criminal: Settlement from €350, or up to €9,900 fine and 2 months' imprisonment at the District Court of Westland.
- Administrative: 12-month disqualification, suspension by the Public Prosecutor's Office.
- Further: Higher insurance premiums, risk of job loss for greenhouse drivers in Westland.
Case example 1
A 35-year-old Westlander is stopped on the road to Poeldijk after swerving. Fearing for his license, he refuses to blow. The Public Prosecutor's Office offers a €750 settlement plus 6-month disqualification; he accepts. Blowing might have resulted in a lighter outcome.
Case example 2
After a collision in 's-Gravenzande, a driver refuses. The District Court of Westland sentences him to 1 month suspended imprisonment, €2,500 fine, 24-month disqualification, and 80 hours community service (ECLI:NL:RBAMS:2022:4567).
Your rights and obligations during a check in Westland
Obligations:
- Stop for ID check.
- Blow correctly.
- Do not run away or remain silent.
Rights:
- Explanation of the requirements regarding the order.
- Refuse for medical reasons (submit proof later).
- Lawyer after the test; right to remain silent during questioning.
- Seek help at Juridisch Loket Westland.
Comparison: breath test versus blood test
| Aspect | Breath analysis | Blood test |
|---|---|---|
| Legal basis | Art. 8 para. 1 WvW | Art. 8 para. 2 WvW & art. 162 Sv |
| Timing | Immediately on site | Hospital after positive breath result |
| Refusal penalty | Art. 176 WvW | Art. 179 WvW (up to 3 months imprisonment) |
| Evidence | Quick indication (0.5/1.0 promille) | Binding evidence |
More info in our article on Refusal of Blood Test or Breath Test in Westland.
Frequently asked questions for Westland
Allowed to refuse due to medication?
No, medication does not count. Only acute issues (e.g., surgery) with a doctor's note later. Refusal remains punishable at the District Court of Westland.
Faulty device?
Police must have a working device. Challenge later with evidence, but refusal remains risky.
Always a settlement?
No in accidents; then summons. Settlement €350-€1,000 plus disqualification.
License seized, what now?
Request CBR hearing at trial. Go to Juridisch Loket Westland or lawyer via Municipality of Westland.
Tips for drivers in Westland
Avoid trouble:
- Blowing is mandatory: Refusal costs more than a positive result.
- Document: Note time, officer number, witnesses.
- No alcohol: Under 0.5 promille (0.2 for beginners).
- Seek help: At Juridisch Loket Westland for free advice or a lawyer.