Failure to cooperate with a breath test or blood test is a criminal offense. The law requires drivers to cooperate with alcohol checks. The penalty for refusal is the same as that for driving under the influence.
Powers of the police
The police have the right to conduct an alcohol check on any driver:
- Preliminary breath test (not mandatory)
- Breath analysis on a device (mandatory)
- Blood draw (if breath test is not feasible)
- Medical examination by a doctor
Criminal liability for refusal
Ignoring an order to cooperate with a breath analysis or blood test is punishable under article 163 WVW. The maximum penalty is 3 months imprisonment or a fine of €9,000.
Reason for criminal liability
The legislation assumes that refusal often indicates something to hide. Therefore, the penalty for refusal is the same as for driving with alcohol in the blood. Refusing thus offers no advantage.
Exceptional situations
In some cases, you do not have 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:
- Immediate seizure of your driving license
- Drafting of a police report
- Prosecution by the Public Prosecutor's Office
- Assessment of driving fitness by the CBR
Drug checks
Similar rules apply to drugs. The police may require a saliva test or blood draw. Refusal is also punishable.
Frequently asked questions about refusal
What are the consequences of refusing a breath test?
If you refuse to cooperate with a breath analysis, you commit a criminal offense (article 163 WVW). Your driving license will be seized, you will receive a police report, and the Public Prosecutor's Office may prosecute you. The penalty is the same as for driving under the influence: maximum 3 months imprisonment or a fine of €9,000. In addition, the CBR may investigate your driving fitness.
Can the police take a blood test without permission?
Yes, if a breath test 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. Refusal without a valid reason is punishable.
Does it help to cooperate later?
No, an initial 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 therefore wiser, unless there is a valid reason.
What are valid reasons not to cooperate?
Only medical reasons, such as respiratory problems, can be a valid reason. The police will assess this and may involve a doctor. Procedural errors can also be a ground, but you must challenge this legally. Simply not wanting to is no excuse.
How long will I lose my driving license upon refusal?
Upon refusal, your driving license is immediately seized and a temporary driving ban of up to 24 hours follows. 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.