An alcohol test showing you were above the legal limit in the Netherlands often triggers an administrative procedure with the Central Bureau for Driver Testing (CBR). This CBR procedure is completely separate from any criminal prosecution and can result in measures such as mandatory courses, fitness investigations, or even the revocation of your driver’s license. This article explains the CBR procedure step by step and discusses the legal remedies available against CBR decisions.
Important note: This article specifically addresses the administrative CBR procedure. Criminal prosecution by the Public Prosecution Service is a separate process with its own rules and procedures.
Legal Basis for the CBR Procedure
The CBR’s powers regarding alcohol incidents are regulated by the Road Traffic Act 1994 (Wegenverkeerswet) and the Regulation on Measures for Driving Ability and Fitness 2011. The main legal articles are:
- Article 130 WVW – the police report an alcohol incident to the CBR when there is suspicion of insufficient fitness. You are obliged to surrender your driver’s license.
- Article 131 WVW – the CBR can impose an investigation or educational measure and suspend the validity of the driver’s license during the procedure.
- Article 134 WVW – the CBR can declare the driver’s license invalid if an investigation shows you do not meet the fitness requirements.
- Article 164 WVW – the police can immediately confiscate the driver’s license at very high alcohol levels.
Important: The CBR procedure is an administrative process that is completely separate from any criminal proceedings. You can therefore simultaneously deal with both the CBR and the Public Prosecution Service, but these are two separate procedures with their own rules and outcomes.
The CBR Procedure: Step by Step
Step 1: Police Notification to the CBR
After an alcohol test where you exceed the limit, the police prepare an official report and automatically notify the CBR. This notification forms the basis for the administrative procedure. At very high levels, the police can directly demand your driver’s license based on Article 164 WVW.
Step 2: Assessment by the CBR
The CBR assesses based on the police report whether there is a justified suspicion of insufficient fitness to operate a vehicle. With a confirmed high alcohol level, this suspicion is almost always present. The CBR then sends you a letter stating which measure will be imposed.
Step 3: CBR Measures
The CBR can impose various measures, depending on the severity of the incident and any previous violations:
- Educational Measure Alcohol and Traffic (EMA) – a mandatory course on the dangers of alcohol in traffic
- Medical examination – if there are doubts about your physical fitness
- Psychological examination – if there are doubts about your mental fitness or in case of repeat offenses
- Practical examination – a new driving test
- Suspension – temporarily not allowed to drive during the investigations
During a suspension you are not allowed to drive. If you do, you commit a criminal offense.
Step 4: Execution of the Measure
You must execute the imposed measure within the set deadline. For an EMA course you must register and successfully complete the course. For examinations you must attend the appointments made by the CBR or a CBR-recognized institution.
Step 5: Decision After Investigation
If the investigation shows that you no longer meet the fitness requirements, the CBR is obliged under Article 134 WVW to declare your driver’s license invalid. The legislation leaves little room for balancing interests. If you do meet the requirements, you get your driver’s license back or it remains valid.
Legal Remedies Against CBR Decisions
Administrative legal remedies are available against CBR decisions. The procedure follows the rules of the General Administrative Law Act (Awb):
1. Objection with the CBR (Article 7:1 Awb)
You can file a written objection with the CBR within six weeks of the decision’s notification. In your objection letter you explain why you disagree with the decision. Possible grounds are:
- The police report contains inaccuracies or was not carefully prepared
- The CBR imposed the wrong measure
- The investigation was not conducted correctly
- There are very special circumstances that the CBR did not consider
The CBR reviews your objection anew but is strictly bound by legal rules. The CBR can only deviate from the measure in very exceptional cases.
2. Appeal to the Administrative Court (Article 8:1 Awb)
If the CBR rejects your objection, you can appeal to the district court within six weeks. The administrative court examines whether:
- The CBR followed the correct procedure
- The CBR correctly established a suspicion of unfitness
- The imposed measure is appropriate and proportionate
- The decision is sufficiently motivated
- There are very special circumstances
The court can annul the CBR decision if procedural errors were made or if the measure is evidently disproportionate in the specific case. However, this rarely occurs.
3. Appeal to the Council of State (Article 8:104 Awb)
Both you and the CBR can appeal to the Administrative Jurisdiction Division of the Council of State within six weeks against the court’s ruling. This is the highest administrative court in the Netherlands.
4. Interim Injunction (Article 8:81 Awb)
If you don’t want to wait for the outcome of the objection or appeal procedure, you can request an interim injunction from the preliminary relief judge. They can decide to temporarily suspend the CBR decision, allowing you to drive pending the final ruling. An interim injunction is only granted if:
- There is an urgent interest (you suffer immediate serious damage)
- You have a reasonable chance in the main proceedings
In practice, the chance of success with an interim injunction is limited, but it can certainly succeed in specific situations.
Challenging the Police Report in the CBR Procedure
In the administrative CBR procedure, the CBR may in principle assume the correctness of the police report. This is called the special authority of the official report. This applies insofar as it concerns the officer’s own observations.
When Can You Challenge the Police Report?
You can challenge the police report by providing concrete and substantiated counter-evidence that raises such doubt about its correctness that the CBR or court can no longer assume its accuracy. This can be done through:
- Witness statements that contradict the police account
- Technical reports on calibration or operation of the measuring device
- Medical statements providing an alternative explanation for the measurements
- Video or audio material that presents the course of events differently
- Expert reports on measurement errors or other technical aspects
General or unsubstantiated disputes are insufficient. The burden of proof lies with you. In practice, successfully challenging the police report is rare, but legally possible.
Proportionality in the CBR Procedure
An important principle in administrative law is the principle of proportionality from Article 3:4 paragraph 2 Awb. This means that the adverse consequences of a decision must not be disproportionate to its purpose – in this case, the protection of road safety.
However, for CBR measures after an alcohol incident, the scope for balancing interests is very limited. The legislation is mandatory: the CBR must impose certain measures when an alcohol incident is established. The proportionality is in principle already incorporated in the rules by the legislator.
When Can the Court Intervene?
The administrative court can only intervene in very exceptional cases, when:
- Application of the regulation leads to disproportionately severe consequences that the legislator did not foresee
- There are unique, unforeseeable circumstances
- The consequences are evidently disproportionate in the specific case
Personal circumstances that are almost never considered sufficiently exceptional:
- Dependence on the driver’s license for work
- Financial problems or impending unemployment
- Psychological or social problems
- Care responsibilities for family
- Living in an area with poor public transport
In the view of the administrative court, the protection of road safety almost always outweighs individual interests. The chance of success with a proportionality defense is therefore very small.
Compensation for Unlawful CBR Decision
If it turns out afterwards that the CBR made an unlawful decision, you may in some cases claim compensation. This may be the case when:
- The court annulled the CBR decision due to violation of the law
- The CBR failed to comply with essential procedural rules
- The CBR failed to provide customized solutions when it should have
You must first ask the CBR itself for compensation before you can go to the administrative court (Article 8:90 Awb). The court will only award compensation if:
- The decision was unlawful
- You actually suffered damage
- There is a causal link between the decision and the damage
- The damage exceeds normal social risk
In practice, compensation is only awarded in rare exceptions. The threshold is high, but it is not impossible.
Practical Tips for the CBR Procedure
1. Respond Timely
All deadlines in the administrative procedure are fatal: if you exceed the deadline, your objection or appeal will be declared inadmissible. Therefore, ensure you respond within six weeks to any CBR decision you disagree with.
2. Request Access to All Documents
Under the Freedom of Information Act and the General Data Protection Regulation (GDPR), you have the right to access all documents the CBR has about you. This can yield important information for your defense.
3. Consider an Interim Injunction for Urgent Interest
If losing your driver’s license causes immediate serious problems (impending unemployment, severe financial damage, no alternative transport), consider an interim injunction. The chance of success is not great, but in some cases this can provide temporary relief.
4. Engage Specialized Legal Assistance
The CBR procedure is technically complex and the chance of success depends heavily on the legal quality of your defense. A lawyer specialized in traffic law and administrative law can:
- Assess whether you have a chance of success
- Select the best legal grounds
- Provide well-substantiated counter-evidence
- Represent you during hearings
At Law & More, we have extensive experience with CBR procedures and can assist you in all phases of the administrative process.
Conclusion: The CBR Procedure is a Separate Process
The administrative CBR procedure after an alcohol test is completely separate from criminal prosecution. The CBR’s task is to protect road safety by assessing whether you are fit to operate a vehicle. The procedures are strictly regulated and offer little room for balancing interests.
Nevertheless, legal remedies are available against CBR decisions. In specific cases, procedural errors, incorrect facts, or very special circumstances can lead to a successful challenge. The chance of success depends heavily on the concrete facts and circumstances of your case.
It’s important to act quickly, follow the correct procedures, and engage legal assistance where necessary. Each case is unique and requires careful legal analysis.
Are you dealing with a CBR procedure after an alcohol test? Feel free to contact us for a non-binding consultation about your options.
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