Legislation in the Netherlands

In the Netherlands, the law prescribes that you may have a maximum of 0,5 per mille of alcohol in your blood (or 0,22 mg of alcohol per liter of exhaled air). For inexperienced drivers with a driver's license for less than 5 years, the limit is 0,2 per mille. This means that it is not prohibited to drive with alcohol, but this only concerns a very limited amount of one to a maximum of two glasses of alcohol.

An alcohol test indicates whether you have reached or exceeded the limit. If you have more than 0.5 per mille of alcohol in your blood (0,2 for inexperienced drivers), you are punishable.

There are a number of laws regarding alcohol:

  1. The Liquor and Catering Act
  2. The Road Traffic Act (WVW)
  3. General Police Regulation (APV). Additional rules established by the municipality

Liquor and Catering Act

The Drinking and Catering Act is intended to ensure that the sale of alcohol takes place in a responsible manner. The law focuses mainly on sellers (providers) of alcohol in catering establishments, sports canteens, liquor stores and shops. This law therefore has little impact on traffic, except that a seller (provider) is prohibited from serving to people who are drunk. However, intervention if a customer drives to their vehicle drunk is rarely, if ever, done. The catering employee is not obliged to do this, but an alcohol test is sometimes made available to inform the customer of his condition and responsibility.

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The Road Traffic Act

The Road Traffic Act prescribes that anyone with more alcohol in their blood than the prescribed limit may not participate in traffic (including on a bicycle or moped).

This is checked by the police using an electronic alcohol breath test. You will be asked to blow through a tube until the device or the police officer indicates that you can stop.

If a P appears, there is nothing wrong and you can continue driving. If an A or an F appears, you will be asked to take a breath analysis test at the police station.

If you are still above the permitted limit after the breath analysis, the police will make a report.

The penalty you receive for using alcohol while driving depends on:

  • the amount of alcohol you drank (your blood alcohol level)
  • the number of years you have had a driver's license.

Arrested with alcohol: what penalties?

If you are arrested with a blood alcohol level that is too high, the penalty may include:

  • Fine (by justice)

  • Driving ban (by justice)
  • Community service/imprisonment (by the judiciary)
  • Mandatory course on alcohol in traffic, costs €870 (by CBR)
  • Mandatory examination into alcohol abuse and alcohol dependence, costs € 1000 (CBR)
  • Collection of driving license (CBR)

If you evade a measure, you will lose your driver's license. In the past, a mandatory alcohol interlock could also be imposed, but this measure has been withdrawn since March 2015.

Alcohol Traffic Legislation Netherlands

Had too much alcohol? A calculation example

Drinking behind the wheel can be an expensive affair, for example: you are a man of 70 kilos and have had your driver's license for 4 years. During your Friday afternoon drinks, you drink 7 glasses of beer in 2 hours and then leave for home by car. Your alcohol level will be around 1,2 per mille. You are arrested, the punishment is as follows:

– Fine: €550 and unconditional driving ban for 4 months.
– Mandatory three-day course, costs €870.

– Total costs: € 1620,-

This does not yet take into account the consequential damage, such as loss of your job!

Refuse a police alcohol breath test?

Refusing an alcohol test is also not a wise decision. It is also punishable if you disrupt the process, for example by not properly following the police officer's instructions.

There are exceptions, such as medical reasons, which make an alcohol breath test not possible. In that case, the police will call a doctor for a blood test.

Alcohol Traffic Legislation Netherlands

Consequences of refusing an alcohol breath test

Refusing an alcohol test has far-reaching consequences. A refusal is equated with an alcohol content in scale 9 or 2,01 - 2.15 per mille (4x the permitted limit). This amounts to a fine of € 1.000 and an unconditional driving disqualification for 9 months. In addition, the CBR will oblige you to participate in an alcohol course (EMA) or, in the event of recidivism, will first impose a fitness to drive test.

If you refuse the alcohol test on a moped, you must take into account a fine of € 420 and a driving ban for 6 months.

Drugs in traffic

Drugs in traffic are absolutely prohibited. This applies to all hard and soft drugs, including ecstasy, amphetamine and GHB.

Drug use can be demonstrated by a saliva test, blood or urine test, but also by a test of vision, speech and motor skills. Are you a suspicious driver? Then you must undergo these tests.

Arrested under the influence of drugs: what penalties?

From April 2023, new rules will apply in the Netherlands and an anti-drug course will be immediately imposed in the event of a positive drug test. This program lasts 5 weeks and costs € 1100, which does not include the fine for driving under the influence.

These fines are not easy. If you have been caught more than once, the fines can amount to a maximum of €21.700. You can also lose your driving license for a shorter or longer period of time. In extreme cases, you can get a year in prison.

You must also have an investigation carried out by the CBR to see whether you can safely participate in traffic. This research costs € 1200

What is the chance of being caught? It was relatively small, but currently considerably larger. Currently, up to 1000 people are arrested per month who test positive for a drug test.

In 2022, 43000 fines will have been issued for driving under the influence of alcohol or drugs.

The legal limits:

  • amphetamine, methamphetamine, cocaine, MDMA, MDEA and MDA: 50 micrograms per liter of blood;
  • cannabis: 3,0 micrograms tetrahydrocannabinol (THC) per liter of blood;
  • heroin and morphine: 20 micrograms of morphine per liter of blood;
  • GHB, gamma butyrolactone or 1,4-butanediol: 10 milligrams of GHB per liter of blood.
  • The following applies to all other drugs: if they affect your driving, you should not use them while driving.
  • Do you use a combination of different drugs or drugs in combination with alcohol? Then it is extra dangerous and lower limits apply.

What is residual alcohol?

Residual alcohol is the alcohol that is still measured after you have not drunk for a considerable period of time, for example the next morning. During a check, someone can still be fined for driving under the influence.

In general, a glass of alcohol disappears from the body after about 1 to 1,5 hours. So for 6 glasses of beer this is only after 6 to 9 hours. With 15 glasses this is 15 to 22,5 hours. So you can be under the influence well into the next day and test positive during an alcohol test.

Educational Measure Alcohol and Traffic (EMA)

The Educational Measure for Alcohol and Traffic (EMA) is a course in which you learn to separate alcohol from participation in traffic with a motor vehicle. The purpose of this measure is to ensure that you do not participate in road traffic under the influence of alcohol again. Participation in the EMA course is mandatory. If you refuse, your driver's license will be declared invalid.

The course takes place over seven weeks and consists of a preliminary discussion and three weekday course days. In this way you will be working on the subject of alcohol and traffic over a long period of time. The course explains what alcohol does in the body and what effects this has on driving behavior. The serious consequences of alcohol use in traffic are also discussed.