Driving under the influence

Novice (new) driver

When you obtain a driving licence for the first time, you will be a novice driver for the first five years. If you obtain a moped or tractor driving licence before the age of 18, then a period of seven years applies. For novice drivers, stricter rules apply than for experienced drivers.

Extra information alcohol and traffic

Per mille (also indicated with ‰)

This is a value to indicate the amount of alcohol in the blood.

µg/l

This stands for microgram per litre. This is a value to indicate the amount of alcohol per litre of exhaled air. Here, 220 µg/l corresponds to 0.5 per mille. The standard term within the lesson materials is per mille.

Standard glass

In hospitality, beer, wine and spirits are generally served in standard-sized glasses:

• beer 25 cl (5% alcohol);
• wine 10 cl (12% alcohol);
• spirits cl (3.5% alcohol).

This ensures that one glass of wine contains the same amount of pure alcohol as on glass of beer or one glass of spirits. This does not apply when standard glasses are not used, such as with craft beer or cocktails. In that case one glass can suddenly contain much more pure alcohol.

You are not allowed to operate a vehicle under the influence of alcohol, drugs or medications that can influence your ability to drive. If you do this, you are committing a crime. For this, certain limits apply. For alcohol these are:

• For a novice driver: a maximum of 0.2 per mille (88 µg/l). This is about 0.5 to 1 standard glass of wine, beer or spirits.
• For an experienced driver: a maximum of 0.5 per mille (220 µg/l). This is about 1.5 to 2.5 standard glasses of beer, wine or spirits. This alcohol level also applies when you are cycling.

For drugs and medications, the limits differ per substance. For drugs, you can assume that after the use of one ‘dose’, you are generally over this limit and are therefore not allowed to drive anymore. Some drugs stay in your body for up to multiple days.

When, during a check, both drugs and alcohol are found in the body, you are immediately liable to punishment regardless of the amount.

Vehicles

Bicycles, mopeds, disability vehicles, motor vehicles, trams and wagons.

Mopeds

Motor carriage on two, three or four wheels, that cannot and may not go faster than 45 km/h (construction speed), fitted with a combustion engine with a maximum capacity of 50 cm³ (cc) or a combustion or electrical engine with a maximum net power of 4 kW. This is not a disability vehicle. A moped on four wheels (brommobiel) has an unladen weight under 350 kg.

Driving ban

A ban on driving vehicles. This can be imposed on you when you are operating or, prepare to operate, a vehicle under the influence of alcohol, drugs or medications. You are then also not allowed to ride a bicycle.

Enforcement driving under the influence

When you operate a vehicle, or prepare to operate a vehicle, under the influence, the police can immediately act upon this. This can be done by the following means:

• Driving ban
  A driving ban can be imposed on you even before you get on your moped. Even if you are preparing to ride under the influence, a driving ban can be imposed on you. A driving ban lasts a couple of hours, up to a maximum of 24 hours. This depends on how much you have been drinking or using. During a driving ban you are not allowed to operate any vehicle. Including a bicycle.
• Confiscation
  If you are stopped while riding and you exceed certain alcohol limits during a breathalyser test, the police can immediately confiscate your driving licence. This can also happen if too much drugs are shown during a saliva test. This means that you are no longer allowed to drive any motor carriages, until you get your driving licence back. The limits for confiscation with alcohol are:
  • 0.8 per mille for novice drivers;
  • 1.3 per mille for experienced drivers.

If you do not cooperate or, for example, refuse to take a breathalyser test or saliva test, your driving licence can also be confiscated.

• Notification at the CBR
  Above certain limits, a notification is made at the CBR by the police. These values are:
  • 0.5 per mille for novice drivers;
  • 0.8 per mille for experienced drivers.

If your driving licence has been confiscated for driving under the influence, your licence will be forwarded to the public prosecutor. They will decide, within 10 days, whether your driving licence will be returned to you. The public prosecutor may also offer you a plea deal. If you agree to the terms, the matters will be settled. But you may still have to report to the judge. They will then determine the final penalty.