In the Netherlands you may not drive with more than 0.5 per mille (‰) alcohol in your blood, or 220 micrograms per litre of exhaled air. For novice drivers, generally those who obtained their licence less than five years ago, the limit is 0.2‰ (88 micrograms per litre), which in practice means that even one drink can be too much.
If you exceed the limit, you face two separate procedures: a criminal penalty from the Public Prosecution Service (OM) or the court, and administrative measures from the driving licence authority (CBR), such as a compulsory course or an examination of your fitness to drive. Below we explain the limits, the consequences and the steps after your licence has been taken.
What are the alcohol limits for drivers?
Under Article 8 of the Road Traffic Act 1994 (Wegenverkeerswet 1994, WVW 1994), you may not drive with a blood alcohol concentration above 0.5‰ or a breath alcohol concentration above 220 micrograms per litre. For novice drivers, the limits are 0.2‰ and 88 micrograms per litre.
The stricter limit applies during the first years after you obtain your licence, usually five years. It does not depend on your age, but on how long you have held your licence. The same limits apply to professional drivers; there is no separate lower limit for them under the WVW 1994, although employers and transport companies often apply their own stricter rules.
How much you can drink before you exceed the limit differs from person to person and depends on body weight, food and timing. The only safe approach is not to drink at all if you are going to drive.
Driving under the influence is also an offence if your ability to drive is impaired by alcohol, regardless of the exact level. And if you refuse to cooperate with a breath or blood test, that refusal is itself a criminal offence.
What penalties can you expect?
The penalty depends mainly on your alcohol level, whether you are a novice driver and whether you have been caught before. For a relatively small excess, the OM usually imposes a penalty order (strafbeschikking); for higher levels, repeat offences or accidents, you will be summoned to court.
The OM uses guidelines that set a standard fine for each alcohol level. The higher the level, the higher the fine, and from certain levels the OM or the court also imposes a driving disqualification (ontzegging van de rijbevoegdheid), during which you may not drive for a fixed period. The current guidelines are published on the OM website.
If you have been caught before, if you caused an accident or if your alcohol level was very high, the court can impose heavier sentences, including community service, a prison sentence and a longer disqualification.
Have you received a penalty order?
You can object to a penalty order within 14 days under Article 257e of the Code of Criminal Procedure (Wetboek van Strafvordering, Sv). If you do, the case goes to court and the penalty order is not enforced in the meantime.
Do not let that period pass unnoticed. After 14 days, the penalty order becomes final, and a driving disqualification or fine included in it becomes enforceable.
When do the police take your licence?
The police must confiscate your licence (invordering) on the spot if your alcohol level is well above the limit. As a rule, this happens from 1.3‰ for experienced drivers and from 0.8‰ for novice drivers.
The police send the licence to the OM, which decides whether you may have it back pending the criminal case or whether it will be withheld. At the same time, the police inform the CBR, which starts its own procedure. From the moment your licence is taken, you may not drive: doing so is a separate criminal offence.
Which measures can the CBR impose?
Separately from the criminal case, the CBR can impose an educational measure or order an examination of your fitness to drive. This administrative procedure is known as the notification procedure (mededelingenprocedure), and it follows from Articles 130 to 134 WVW 1994.
Which measure applies depends on your alcohol level and on whether you are an experienced or a novice driver. According to the CBR, the thresholds are as follows:
- short course on alcohol and traffic (LEMA): 0.8 to 1.0‰ for experienced drivers and 0.5 to 0.8‰ for novice drivers;
- course on alcohol and traffic (EMA): 1.0 to 1.8‰ for experienced drivers and 0.8 to 1.3‰ for novice drivers, or after being caught twice within five years;
- examination of your alcohol use and fitness to drive: 1.8‰ or higher for experienced drivers and 1.3‰ or higher for novice drivers, or after being caught three times within five years.
You pay the costs of the course or examination yourself. If you do not take part, or do not cooperate, the CBR will declare your licence invalid, and you will then have to reapply and in some cases take the driving test again.
Why does it feel like a double penalty?
Because the criminal penalty and the CBR measure are two separate procedures with different aims. The criminal case punishes the offence; the CBR measure is intended to ensure that you can drive safely.
Both can therefore apply to the same incident. You can challenge each of them separately: the criminal penalty through objection to the penalty order or in court, and the CBR decision through objection and appeal under administrative law.
What happens during an examination of fitness to drive?
In an examination, a psychiatrist or other doctor assesses whether you have an alcohol problem that makes you unfit to drive. The examination can involve a medical interview, a physical examination and blood tests.
If the doctor concludes that you are unfit, the CBR declares your licence invalid. You can only obtain a new one once you can show that you are fit to drive again, which may take a considerable time.
What are the consequences of a repeat offence?
The consequences become heavier with each offence. The OM and the court impose higher penalties for repeat offences, and the CBR imposes a heavier measure if you have been caught with alcohol two or three times within five years.
In addition, a recidivism scheme for serious traffic offences applies, under which your licence can be declared invalid if you commit serious offences more than once within a certain period. You then have to apply for a new licence and pass the test again.
The alcohol interlock programme, under which offenders could only drive a car fitted with an alcohol lock, was abolished in 2015 after rulings of the Council of State (Raad van State). Information suggesting that you will be required to install an interlock is therefore outdated.
Other consequences
A conviction for drink-driving can also affect your insurance. Many policies exclude or limit cover for damage caused by a driver who was under the influence, and your insurer may seek to recover payments from you.
For professional drivers, losing your licence can mean losing your job or being unable to perform it, and it can affect your certificate of conduct (verklaring omtrent het gedrag, VOG). For drivers from abroad, a Dutch disqualification can also have consequences for driving in other countries.
What should you do after your licence has been taken?
Stop driving immediately and read every letter carefully. Note the deadlines for objection and the conditions set by the OM and the CBR, and make sure you do not miss any of them.
Driving while your licence has been confiscated, suspended or declared invalid is a criminal offence under Article 9 WVW 1994. It can lead to a much heavier penalty and a longer disqualification, so do not take the risk, even for a short trip.
Check the documents and deadlines
You will usually receive documents from two sources: from the OM, about the criminal case, and from the CBR, about the educational measure or examination. Check which deadlines apply, in particular the 14-day period for objecting to a penalty order.
Also check whether the facts are correct. Was the breath or blood test carried out properly? Were you informed of your rights? Is the alcohol level correctly recorded? Errors in the procedure can affect the outcome.
Complete the CBR measure
Register for the LEMA or EMA course in good time, or cooperate with the examination, and complete it within the period set by the CBR. If you do not, your licence will be declared invalid.
Keep proof of registration and completion. You will need it if there is any doubt later about whether you met the conditions.
Getting your licence back
When the disqualification period has ended and the CBR measure has been completed, you can drive again, provided your licence is still valid. If the CBR has declared your licence invalid, you must apply for a new licence, and in some cases pass the theory and practical tests again or show that you are fit to drive.
If you have any doubts about your position, get advice before you drive again. Driving while your licence is not valid has serious consequences.
In summary
- The limit is 0.5‰ (220 µg/l breath) for experienced drivers and 0.2‰ (88 µg/l) for novice drivers.
- You face a criminal penalty from the OM or the court, and separately a measure from the CBR.
- You can object to a penalty order within 14 days (Article 257e Sv).
- Depending on your alcohol level, the CBR imposes a LEMA or EMA course or an examination of your fitness to drive.
- Never drive while your licence has been confiscated or declared invalid; that is a separate offence.
Frequently asked questions
What are the legal alcohol limits for drivers in the Netherlands?
The limit is 0.5 per mille in the blood or 220 micrograms per litre of exhaled air. For novice drivers, usually during the first five years after obtaining their licence, the limit is 0.2 per mille or 88 micrograms per litre. There is no separate lower statutory limit for professional drivers.
What are the penalties for exceeding the limit?
For a small excess, the OM usually imposes a penalty order with a fine. At higher levels, or for repeat offences or accidents, you are summoned to court, and you can expect a higher fine, a driving disqualification and in serious cases community service or imprisonment. Separately, the CBR can impose a course or an examination of your fitness to drive.
What should I do after my licence has been taken for alcohol?
Stop driving immediately, because driving without a valid licence is a separate offence. Read the letters from the OM and the CBR carefully, note the deadlines, including the 14-day period for objecting to a penalty order, and register for any CBR course in good time.
Can I object to the CBR measure?
Yes. You can object to the CBR decision and then appeal to the administrative court. The objection does not automatically suspend the measure, so if the matter is urgent you may need to ask the court for a provisional measure.
Law & More assists drivers in criminal proceedings and in disputes with the CBR. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our criminal lawyer page.
