Failure to cooperate with a breath test or blood test is punishable in Zoetermeer and elsewhere. The law requires drivers to cooperate with alcohol checks. The penalty for refusal is the same as that for driving under the influence.
Powers of the police
The police have the right to conduct an alcohol check on any driver:
- A preliminary breath test (not mandatory)
- A test on a breath analysis device (mandatory)
- Blood draw (if blowing is not possible)
- Medical examination by a doctor
Penalty for refusal
Refusing a breath analysis or blood test is a violation of article 163 WVW. The maximum penalty for this is 3 months imprisonment or a fine of €9,000.
Reason for punishability
The legislator assumes that those who refuse may have something to hide. Therefore, the penalty for refusal is as severe as for driving with alcohol on board. Refusing thus offers no advantage.
Exceptions to the rule
In some situations, you do not have to cooperate:
- In case of medical limitations that make blowing impossible (then a blood test is performed)
- If the police do not follow the procedure correctly
Consequences in practice
In case of refusal, you can expect the following:
- Immediate seizure of your driving licence
- A report for refusal
- Prosecution by the Public Prosecution Service
- A driving fitness examination via the CBR
Drug checks
Similar rules apply for drug use. The police may require a saliva test or blood draw. Refusal of this is also punishable.
Frequently asked questions about refusal in Zoetermeer
What happens if I refuse a breath test?
If you refuse to blow into a breath analysis device, you violate article 163 WVW. Your driving licence will be confiscated, you will receive a report, and the Public Prosecution Service may prosecute you. The penalty may amount to 3 months imprisonment or a fine of €9,000. In addition, the CBR may require an investigation into your driving fitness.
Can the police take a blood test without reason?
Yes, if blowing is not possible (for example, due to medical reasons), the police may take a blood test. Refusal without a valid reason is punishable. A doctor performs the draw, often at a police station or in a hospital.
Can I avoid penalty by cooperating later?
No, refusal is already a punishable offence. Later cooperation does not change this, although the Public Prosecution Service may take it into account in the penalty. It is wiser to cooperate immediately, unless there is a valid reason.
What are valid reasons to refuse?
Only medical reasons, such as respiratory problems, can form an exception. The police assess this and may involve a doctor. Procedural errors can also be grounds, but you must challenge this legally, for example via a lawyer in Zoetermeer.
How long will I lose my driving licence upon refusal?
Upon refusal, your driving licence is immediately confiscated and you receive a driving ban of up to 24 hours. The Public Prosecution Service decides on longer seizure. Upon conviction, a driving disqualification of 6 months to 5 years may follow, depending on your history. The CBR may also initiate an investigation.