Driving under the influence
It is illegal to drive a vehicle while under the influence of alcohol, drugs or medications that affect driving ability.
Medicines and drugs can affect your ability to drive. Among other things, alcohol can cause the “tunnel effect”. This makes you see your surroundings less clearly.
Alcohol
Your liver takes about 1.5 hours to break down one glass of alcohol. So after a night of drinking, chances are you will still not be sober the next morning.
There is nothing you can do to speed up the sobering up process: fresh air or coffee will not get alcohol out of your body any faster.
With alcohol on, your ability to react decreases, you can’t see what’s happening as well, and your concentration is worse. At the same time, you think you can still drive just fine. A breathalyzer test, breath analysis and/or a blood test can reveal whether you got behind the wheel with (too much) alcohol in your blood.
Check
There are regular alcohol checks in the Netherlands. If you are stopped for such a check, you are obliged to cooperate.
Difference in limit values
During an alcohol check, a breathalyzer is used to measure the blood-alcohol level in your breath. The maximum permitted blood-alcohol level is:
- For novice drivers
- Breath test: 88 micrograms of alcohol per liter of exhaled air (88 µg/l).
- Blood test: 0.2 percent grams of alcohol per milliliter of blood, or: 0.2 per thousand (0.2/1000?).
- For experienced drivers
- Breath test: 220 micrograms of alcohol per liter of exhaled air (220 µg/l).
- Blood test: 0.5 percent grams of alcohol per milliliter of blood, or: 0.5 per thousand (0.5/1000?).
If the breathalyzer test shows that you have drunk more alcohol than is allowed, you must be taken to the police station for further investigation.
0.2/1000 is equivalent to one alcoholic drink.: Therefore, you may have a maximum of one alcoholic drink if you have yet to drive. Yet this drink can already affect your ability to drive. So if yo need to drive, better stick to soda!
Police investigation
At the station, a breathalyzer (and possibly a blood test) is used to determine the exact blood-alcohol level.
Depending on the results, the police may:
- Give you a driving ban
- Immediately revoke your driver’s license
In any case, the police will revoke your driving license with a blood-alcohol level of:
- +0.8/1000 in novice drivers
- +1.3/1000 for experienced drivers
A signal also goes from the police to the CBR when the blood-alcohol level is too high.
‼️ A driving ban can last a maximum of 24 hours (or 26 hours for a novice driver). You are then not allowed to drive any vehicle, not even a bicycle. Violating a driving ban is a felony.
Driving license points
Every driver in the Netherlands has a driving license points.
A conviction for drunk driving will earn you 1 penalty point. If you have two penalty points within five years, you can lose your driving license.
In that case, you must take another driving test to prove that you are fit to drive.
Judge
After you have been required to surrender your driving license, the public prosecutor decides whether your license will be retained until the case is brought before court. The judge ultimately determines if your driving license will be suspended for an extended period.
Actions taken by the CBR
Following a report from the police, the CBR discerns the necessary steps to allow someone caught driving under influence to safely return to the roads. For instance, you may be imposed an educational measure. This means that attendance to a course intended to improve your driving behaviour is mandatory. Two types of educational measures exist.
| LEMA (Light Educational Measure Alcohol) | |
|---|---|
| Applies to | Novice drivers with a blood alcohol concentration between 0.5/1000 and 0.8/1000. Experienced drivers with a blood alcohol concentration between 0.8/1000 and 1.0/1000 |
| Duration | Comprises 2 sessions, each lasting 3.5 hours. |
| Fees | € 683, paid by the individual |
| EMA (Educational Measure Alcohol) | |
|---|---|
| Applies to | Novice drivers with a blood alcohol concentration between 0.8/1000 and 1.0/1000. Experienced drivers with a blood alcohol concentration between 1.0/1000 and 1.3/1000 |
| Duration | 1 full day, followed by 2 separate half-day sessions and an after-course. Spread over 7 weeks. |
| Fees | € 1,075, paid by the individual (2021 rates) |
Alcohol Assessment
As a driver, if you are:
- Found with a blood-alcohol level above 1.8/1000 (for novice drivers, above 1.3/1000);
- Caught for the third time in five years with a blood-alcohol level exceeding 0.5/1000 (0.2/1000 for novice drivers);
- And are refusing to participate in a breath analysis.
Then the CBR might require an alcohol assessment. This includes a psychiatric evaluation, a physical examination, and a blood test. The CBR uses these to determine alcohol misuse. Based on this assessment, the CBR will decide whether you are fit to drive. If you are found fit, you’ll have to complete an EMA (Educational Measure Alcohol and Traffic) course before you can drive again. If the CBR deems you unfit, your license will be invalidated, and you will be prohibited from driving.
Drugs
Cannabis, cocaine, and amphetamine are the drugs most often detected in drivers’ blood samples.
In addition to alcohol, drugs can also detrimentally affect your ability to drive. Possible effects include decreased concentration, impaired reaction time, heavy limbs, dizziness, fear, and a heightened sensitivity to light.
In the case of suspected drug use, the police can administer a saliva test. If the saliva test is positive, a blood test will follow. Similar to alcohol-impairment, driving under the influence of drugs will result in a penalty point on your point-based driving license.
If you are caught driving under the influence of both alcohol and drugs, your license will be immediately confiscated.
Medications
Medications that imparte your ability to drive show a yellow sticker as a warning. In addition to the yellow warning sticker, the medication package insert will also provide warnings if the drug can impact your driving ability.
The term “Driving under the influence” may apply after taking certain medications. Substances like sleep aids, tranquilizers, and muscle relaxers can impair your reaction time. Medications that prohibit driving are typically labeled with a yellow warning sticker.
Even medications without a yellow sticker can affect your reaction time, especially if combined with alcohol. This includes over-the-counter drugs like pain relievers. Therefore, it’s crucial to always read the package insert if you are taking medication, or to consult with your doctor about your ability to drive.
Do you suffer from hay fever or another allergy?
You may not realize that allergic reactions, such as hay fever, can also impair your driving ability. A study from Maastricht University demonstrated that the effect of hay fever symptoms can be compared to the impairment caused by consuming 2 to 3 glasses of alcohol. Taking medication regularly aids in preventing this deterioration.