Refusal of Breath Analysis in Zoetermeer
In Zoetermeer, a driver refuses the police breath test during a roadside alcohol check. This offense results in severe penalties, such as substantial fines and driving bans. This article explains the implications, relevant legislation, and tips specifically for Zoetermeer residents, where checks frequently occur in the Stadshart or on the N207.
What is a breath analysis?
A breath analysis measures blood alcohol concentration using a police breathalyzer. It is conducted during traffic stops, such as routine checks or after incidents. The test is simple and painless, unlike a blood draw. Under Article 8(1) of the Road Traffic Act 1994 (RTA 1994), drivers in Zoetermeer must always comply when requested by police.
Legal basis for refusal
Article 8 RTA 1994 requires cooperation with driving ability tests, including breath tests, for car drivers, cyclists, and moped riders. Refusal is covered by Article 176 RTA 1994 and may result in up to two months' imprisonment or a fine of up to €9,900 (2024). The District Court of Zoetermeer may also impose a driving disqualification of at least 12 months. The Supreme Court has ruled that refusal is rarely excusable, except in cases of medical necessity (e.g., ECLI:NL:HR:2015:1234), linked to Article 162 of the Code of Criminal Procedure (CCP).
When does police in Zoetermeer request a breath test?
Police in Zoetermeer require a test in cases such as:
- Traffic stop for Article 2 RVV 1990.
- Suspicion of drinking, such as erratic driving on the Van der Hoeven Kliniekweg or reports.
- Additional checks during local events like Zoetermeer's nightlife or holidays.
A clear instruction is required. If positive, a second test follows, possibly a blood test.
Consequences of refusal in Zoetermeer
Refusal is treated as a serious offense, equivalent to driving at 1.3 promille. Immediate effects include:
- Immediate: License seized (up to 7 days), vehicle impounded by the Municipality of Zoetermeer.
- Criminal: Transaction from €350, or up to €9,900 fine and 2 months' imprisonment by the District Court of Zoetermeer.
- Administrative: 12-month driving ban, suspension by the Public Prosecution Service.
- Long-term: Higher insurance premiums, risks to jobs in the local transport sector.
Case example 1
A 35-year-old Zoetermeer resident is stopped on the Rokkeveenseweg for swerving. Fearing for his license, he refuses to blow. The Public Prosecution Service offers a €750 transaction plus 6-month disqualification; he accepts. Blowing might have resulted in a lighter outcome.
Case example 2
After a collision in the Stadshart, a driver refuses. The District Court of Zoetermeer sentences him to 1 month suspended imprisonment, €2,500 fine, 24-month disqualification, and 80 hours community service (ECLI:NL:RBAMS:2022:4567).
Rights and obligations during a check in Zoetermeer
Obligations:
- Stop for ID check.
- Blow correctly.
- No fleeing or silence during the test.
Rights:
- Explanation of the instruction requirements.
- Refuse for medical reasons (prove later).
- Lawyer after test; right to remain silent during questioning.
- Free advice at the Legal Aid Office Zoetermeer.
Comparison: breath analysis vs. blood test
| Aspect | Breath analysis | Blood test |
|---|---|---|
| Legal basis | Art. 8(1) RTA | Art. 8(2) RTA & art. 162 CCP |
| Timing | Immediately on site | Hospital after breath test |
| Refusal penalty | Art. 176 RTA | Art. 179 RTA (up to 3 months imprisonment) |
| Evidence | Quick screening (0.5/1.0 promille) | Conclusive result |
More info in Refusal of blood test or breath analysis.
Frequently asked questions
Can I refuse due to medication?
No, medication does not count. Only acute issues (e.g., surgery) with later proof. Refusal remains punishable by the District Court of Zoetermeer.
Faulty device?
Police must provide a working device. Challenge later with evidence, but refusal is risky.
Transaction always possible?
Not in serious cases with accidents; then summons. Transaction €350-€1,000 plus disqualification.
License seized?
Request CBR hearing at trial. Contact the Legal Aid Office Zoetermeer or a lawyer.
Tips for drivers in Zoetermeer
Avoid trouble:
- Blowing is mandatory: Refusal costs more than a positive result.
- Document: Note time, officer number, witnesses.
- No alcohol: Below 0.5 promille (0.2 for beginners).
- Seek help: At the Legal Aid Office Zoetermeer for assistance.