Driving under the influence
- Novice (new) driver
When you obtain a driving licence for the first time, then you are a novice driver for the first five years. Do you obtain your 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. 220 µg/l corresponds to 0.5 per mille. The standard term within the lesson material is per mille.
- Standard glass
In hospitality, beer, wine and liquor are poured into glasses with standard measurements:
- beer 25 cl (5% alcohol);
- wine 10 cl (12% alcohol);
- liquor 3.5 cl (35% alcohol).
This makes sure that one glass of wine contains the same amount of pure alcohol as one glass of beer or one glass of liquor. This does not apply when these standard glasses are not used, such as with craft beer or cocktails. In that case, one glass can suddenly contain much more pure alcohol.
Every standard glass contains the same amount of pure alcohol.
You are not allowed to operate a vehicle under the influence of alcohol, drugs or medications that influence the 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 beer, wine or liquor. - 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 liquor.
This blood alcohol level also applies when you are cycling!
For drugs and medications these 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 ride anymore. Sometimes, drugs stay in your body for up to multiple days.
If drugs are found in the body in addition to the consumption of alcohol, then you are immediately liable to punishment regardless of the amount.
You are liable for punishment from the moment you drink one glass of an alcoholic beverage and start riding.
From the moment it looks like you are preparing to ride under the influence, you can receive a driving ban.
- Vehicles
Bicycles, mopeds, disability vehicles, motor carriages, 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 of a maximum of 50 cm3 (cc) or a combustion or electrical engine with a maximum net power of a maximum of 4 kW. This is not a disability vehicle. A moped on four wheels (brommobiel) has a laden weight under 350 kg.
- Motor carriage
All engine-driven vehicles. These may not require rails for mobilisation (e.g. train, metro, or tram). This does not include bicycles with pedal assistance. Attention: Does include trolley buses and speed pedelecs!
- Driving ban (forbidden to drive)
A ban on operating vehicles (including bicycles), which may be imposed if you are found driving or attempting to drive under the influence of alcohol, drugs, or medication.
- Driving disqualification (driving licence suspended)
A disqualification from driving any motor carriage for several weeks, months or even years. If you are caught violating traffic regulations, a public prosecutor or judge may disqualify you from driving. Riding a bicycle is still allowed.
Extra information driving ban, confiscation and disqualification from driving
Enforcement driving under the influence
When you operate a vehicle, or are preparing to do so, under the influence, then 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 motorcycle. 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 the amount you have been drinking or using. During a driving ban you are not allowed to drive any vehicle at all. So no bicycle as well. - Confiscation
If you are stopped while riding and you exceed certain alcohol limits during the breathalyser test then the police immediately confiscate your driving licence. This can also happen if too many drugs are shown during a saliva test. This means that you are no longer allowed to drive any motor carriage, 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;
- when you do not cooperate with a check and do you refuse a breathalyser or saliva test, then your driving licence can also be confiscated.
When your driving licence is confiscated, the licence is sent to the public prosecutor. They will decide, within 10 days, whether you will get your driving licence back, or that you will receive a driving disqualification. The public prosecutor may offer a plea deal. If you agree to the terms, the matter will be settled. But it may also involve attending court. A judge will determine the final penalty.
CBR notice
In addition to receiving a fine if you exceed 0.2 per mille (novice driver) or 0.5 per mille (experienced driver), the police will also report you to the CBR if you exceed certain limits. These values are:
- 0.5 per mille for novice drivers.
- 0.8 per mille for experienced drivers.
Alcohol consumption is shown by a breathalyser test. You are not allowed to refuse this test.
Drug consumption is shown by a saliva test. You are also not allowed to refuse this test.