DUI and traffic offence lawyer in the Netherlands

• You blew over the limit in a breath test, or a saliva or blood test showed drugs or medication.
• The police seized your driving licence on the spot, Dutch or foreign.
• You received a penalty order (strafbeschikking) or a summons for a speeding or driving offence.
• You were involved in an accident with injury and are a suspect.
• The CBR imposed an educational course or a medical examination, or declared your licence invalid.
• Your job depends on your licence, or you need it to stay in the country.

Driving with more than 0.5 per mille alcohol in your blood, or 220 micrograms per litre of exhaled air, is a criminal offence under Article 8 of the Road Traffic Act 1994 (Wegenverkeerswet, WVW). For novice drivers, the limit is 0.2 per mille, or 88 micrograms.

A novice driver is someone who obtained the licence less than five years ago, or less than seven years ago if it was obtained before the age of 18. Driving under the influence of drugs is also an offence; the limits per substance are set by decree and are tested with saliva and blood. Our guide on alcohol and driving explains the penalties.

The police seize your licence (invordering) for a high alcohol level, for speeding by more than 50 km/h, and after certain serious accidents (Article 164 WVW). The public prosecutor then decides within ten days whether you get it back or whether it is retained (inhouding) until the criminal case is decided.

You can object to the retention before the court. The court looks at whether a driving ban is likely in the criminal case and how long it would be. A foreign licence can be seized in the same way, and the driving ban then applies in the Netherlands.

Minor violations, such as moderate speeding, are handled under the Mulder Act with an administrative fine from the Central Fine Collection Agency (CJIB). You can appeal to the public prosecutor within six weeks, and then to the subdistrict court.

More serious offences lead to a penalty order from the public prosecutor or a summons to appear before the police court. The court can impose a fine, community service or imprisonment, and can disqualify you from driving (ontzegging) for up to five years, or longer in the most serious cases. Causing an accident with death or serious injury is a separate offence under Article 6 WVW, and leaving the scene of an accident under Article 7 WVW. See our article on when speeding becomes a criminal offence.

The police report the offence to the CBR, which runs a separate administrative procedure next to the criminal case. Depending on the alcohol level and your history, the CBR can impose an educational course or a medical examination of your fitness to drive.

You pay for the course or examination yourself. If you do not cooperate, the CBR declares your licence invalid. You can object to a CBR decision within six weeks. Our article on the CBR procedure after an alcohol test explains your options.

1. First contact: send us the documents you received, such as the notice of seizure, the penalty order or the CBR letter. We let you know within one working day which deadlines apply.
2. Advice and cost estimate: we assess the case and the chances, and give you an estimate of the costs in advance.
3. Objection and defence: we object to the retention of your licence, the penalty order or the CBR decision, and prepare your defence.
4. Hearing or completion: we represent you before the court or the public prosecutor, and explain the outcome and what it means for your licence.

Law & More does not work on a legal aid basis (toevoeging), except within the duty lawyer scheme (piketdienst) for arrested suspects. Costs of a CBR course or examination are charged by the CBR and are not included.

Your case is handled by Tom Meevis and Jade Vaneerdewegh. You can find them on our team page. For criminal cases in general, see our criminal lawyer page.