A clear explanation of legislation, penalties and your rights
Have you used drugs and been stopped in traffic? Or are you wondering what the consequences are of driving under the influence? This guide gives you clear and complete answers to all your questions.
What you need to know in brief
- Driving with drugs in your blood is always punishable, even if you don’t feel “high”
- You risk both a criminal case and loss of your driver’s license
- Refusing a blood test makes everything worse
- You do have rights – knowing them can make the difference
Let’s start with the basics.
The Law: What’s Allowed and What’s Not?
Article 8 Road Traffic Act: The Prohibition
The law is simple: you may not drive with drugs in your blood that exceed the legal threshold. This applies to all narcotics:
- Cannabis (marijuana, hashish)
- Cocaine
- Amphetamine (speed)
- Ecstasy/MDMA
- Heroin
- GHB
Note: Even prescribed medication like strong painkillers or sedatives can get you in trouble if it affects your driving ability.
How Do These Thresholds Work?
Each drug has a specific threshold value. These values are deliberately set low. Why? Because research shows that even small amounts reduce your reaction time and concentration.
A common misconception: “I feel fine, so I can drive.” The law doesn’t look at how you feel, but at what’s measurable in your blood.
Two Tracks: Criminal Law AND Administrative Law
Here’s something important: when you’re caught with drugs in traffic, two different procedures follow:
1. The criminal case
The Public Prosecution Service prosecutes you criminally. This can lead to a fine, community service, imprisonment and/or driving disqualification.
2. The CBR procedure
The Central Bureau for Driver Testing (CBR) assesses whether you’re still fit to drive. In cases of drug abuse, your license can be invalidated.
Important: These procedures run independently. So you can receive a punishment AND lose your license.
Stopped: What Happens?
Step 1: The Saliva Test
An officer has stopped you and suspects drug use. What now?
The officer asks you to cooperate with a saliva test. This is a quick test that shows within minutes whether there are indications of drugs.
Must you cooperate? Yes. Refusal is punishable and looks very suspicious.
Step 2: Positive Saliva Test = Blood Test
Is the saliva test positive? Then a formal order for blood testing follows. This blood test is much more accurate and forms the official evidence.
The strict rules:
- Blood must be drawn within 1.5 hours after the traffic stop
- You must be informed about your rights
- You have the right to consult with a lawyer
- The blood draw must follow protocol
What does this mean in practice?
Say you’re stopped at 2:00 PM. Then blood must be drawn by 3:30 PM at the latest. Does it happen at 3:45 PM? Then there’s possibly a procedural error that can lead to evidence exclusion.
Step 3: Refuse? Bad Choice
Some think: “If I refuse, they have no evidence.”
This is a misconception. Refusal is an independent punishable offense with standard penalty:
- €1,000 fine
- 9 months driving disqualification (unconditional)
In case of repetition or if you caused danger, even imprisonment is possible.
The only exception: Serious medical reasons where blood sampling poses a real health risk. You must be able to prove this with medical documents.
Your Rights During the Check
It’s crucial you know these rights:
✓ Right to a lawyer
Once blood testing is involved, you may call a lawyer. Use this right!
✓ Right to remain silent
You don’t have to answer questions about your drug use. Say politely: “I exercise my right to remain silent and want to speak with a lawyer first.”
✓ Correct procedure
Pay attention to times, what’s said, and how blood is drawn. This can matter later.
The Criminal Consequences
First Time Caught
Expected penalty for a first offense:
- Fine: €350 – €900 (depending on drug type and excess)
- Driving disqualification: 6 – 12 months
- Possibly: community service (with serious excess or dangerous driving)
Criminal record: Yes, a conviction goes on your criminal record. This can have consequences for, for example, a Certificate of Good Conduct.
Repetition: Much Heavier
With recidivism (you were previously convicted of driving under the influence):
- Fine: up to several thousand euros
- Disqualification: 15 months or longer
- Community service: 70 hours or more
- Imprisonment: possible with serious repetition
What Makes It Extra Heavy?
Certain factors lead to increased punishment:
Drugs + Alcohol
The combination is disastrous. Accident risk rises exponentially. The court punishes this harshly:
- Minimum 70 hours community service
- Disqualification of 15+ months
- Often additional conditions like mandatory treatment
Type of Drug
Hard drugs (cocaine, amphetamine, heroin) = heavier punishment than soft drugs (cannabis).
Dangerous Driving Behavior
Have you endangered others through your driving? Have you caused an accident? Then the punishment is significantly increased.
Professional Driver
Are you a professional driver (taxi, truck, bus)? This is often seen as aggravating because you have increased responsibility.
Can It Also Be Lighter?
Yes, in certain cases sentence reduction can be applied:
- You unconsciously used medication with unknown side effects
- Serious procedural errors were made by police
- You can demonstrate very exceptional personal circumstances
- The excess is very minor and it’s your first offense
This does require good legal defense by a lawyer.
The CBR and Your Fitness to Drive
When Does the CBR Get Involved?
The CBR initiates an investigation into your fitness in these situations:
After a conviction
The Public Prosecution Service automatically informs the CBR after a conviction for driving under the influence.
Multiple incidents
Two or more police reports within five years? Then an investigation almost certainly follows.
Signals of problematic use
Even without conviction, the CBR can take action when there are signals of drug abuse.
What Is Drug Abuse?
The CBR applies criteria from the DSM (Diagnostic and Statistical Manual of Mental Disorders). In practice, it comes down to this:
Abuse = regular use
- Daily use
- Multiple times per week
- Pattern of use with negative consequences
Even incidental use can lead to measures when combined with driving under the influence.
The Investigation
The CBR can take different steps:
Educational Measure
A mandatory course about drugs and traffic. Your license remains valid if you successfully complete it.
Medical/Psychiatric Examination
A psychiatrist examines whether there’s abuse or addiction. This examination is thorough and includes conversations, sometimes blood tests, and consultations with your GP or therapists.
Invalidation
The heaviest measure: your license is invalidated. You may no longer drive.
The Recidivism-Free Period: The Way Back
Have you lost your license due to drug abuse? Then there’s one way back: staying clean for one year.
How does this work exactly?
- Stop completely with drug use
This sounds logical but is the first requirement. - Have this documented
- Regular urine checks at an addiction clinic
- Blood tests
- Treatment programs (if applicable)
- Conversation reports with therapists
- Wait one year
The recidivism-free period begins when you demonstrably stopped. - Request a specialist report
A psychiatrist assesses your situation and writes a report for the CBR. - Submit a new application
With this report, you apply for a new license with the CBR.
Important: The bar is high. The CBR only accepts reports well-substantiated with objective data. “I stopped” isn’t enough – you must prove it.
Your Rights and Defense
In The Criminal Case
You’re not powerless. There are various defense options:
Detecting Procedural Errors
Police must follow strict rules. Your lawyer checks:
- Was blood drawn within 1.5 hours?
- Were you correctly informed about your rights?
- Could you actually consult a lawyer?
- Was the blood sample correctly sealed and stored?
- Are the registered times correct?
A practical example:
Client was stopped at 4:00 PM. Blood was drawn at 5:45 PM. No special circumstances justifying delay. Result: evidence exclusion, acquittal.
Challenging Blood Test Reliability
- Was the lab certified?
- Was the sample properly stored (cold chain)?
- Are there unexplainable deviations in test results?
Your lawyer can request counter-expertise if in doubt.
Personal Circumstances
In exceptional cases, sentence reduction can be requested:
- Unconscious medication use
- Very exceptional personal situation
- First offense with minor excess
Against the CBR
Step 1: Request Counter-Expertise
Do you doubt the investigation? Then request a second, independent examination before the CBR makes a final decision.
Step 2: Object
Does the CBR invalidate your license? You have 6 weeks to object.
In the objection you can argue:
- The psychiatric report is careless or incomplete
- The CBR made procedural errors
- There’s no abuse according to the criteria
- You can demonstrate a recidivism-free period
Step 3: Appeal
Was your objection rejected? Then you can appeal to the administrative court within 6 weeks.
The court tests:
- Was the decision carefully prepared?
- Is the investigation sound?
- Is the decision sufficiently motivated?
- Did the CBR consider all relevant information?
Note: During objection or appeal you may NOT drive. These procedures have no suspensive effect. Do you drive anyway? Then you’re punishable.
Practical Questions Answered
“How Long Does Cannabis Stay In My Blood?”
This depends on various factors:
With incidental use:
- THC is detectable for 24-48 hours
- After this period usually below threshold
With regular use:
- THC can be detectable for days to weeks
- With daily use: sometimes 4-6 weeks
Safe tip: Wait at least 48 hours after cannabis use. With frequent use: wait considerably longer.
“I Use Medication, What Now?”
Step 1: Discuss with your doctor
Ask explicitly: “Does this medication affect my driving ability?”
Step 2: Keep the evidence
- Prescription in the car
- Package with name on you
- Possibly doctor’s statement
Step 3: During check
Say immediately: “I use prescribed medication for [condition].”
Note: A prescription isn’t a free pass. Does the medication seriously affect your driving ability? Then you can still be prosecuted, but the court considers this in sentencing.
“What If I Passively Inhaled Smoke?”
Theoretically possible, but rarely successful as defense in practice.
Why?
To passively exceed the threshold, you must have been in a very smoky room for a long time. The court then wonders: why did you stay there?
“Can I Still Drive Until My Appeal Is Handled?”
No. Once your license is invalidated, you may no longer drive. An objection or appeal has no suspensive effect.
Do you drive anyway?
- Punishable offense: driving during disqualification
- Fine up to €8,200
- Imprisonment up to 3 months possible
- Even longer disqualification
“I Have a Foreign License, Does This Apply to Me Too?”
Yes. In the Netherlands, Dutch traffic rules apply, regardless of your license.
Extra important:
- A Dutch conviction can invalidate your foreign license in the Netherlands
- As a Dutch resident, the CBR can require you to undergo examination
- After invalidation, you may not drive in the Netherlands with your foreign license either
Concrete Tips: What You Must Do
During a Check
Step 1: Stay calm
Aggression or panic makes everything worse.
Step 2: Cooperate with identification and saliva test
This is mandatory.
Step 3: Ask for a lawyer during blood testing
This is your right. Use it.
Step 4: Exercise your right to remain silent
Tell NOTHING about your drug use without a lawyer. Say: “I want to speak with a lawyer first.”
Step 5: Pay attention to time
Remember when you’re stopped and when blood is drawn.
Step 6: Note everything
- Officer names
- Badge numbers
- Exactly what was said
- Times
- Any witnesses
Directly After the Check
Within 24 hours:
- Write down everything you remember
- Find a specialized lawyer
- Keep all documents you receive
Don’t:
- Don’t post on social media about the stop
- Don’t make statements without a lawyer
- Don’t lie or obscure facts
When Is a Lawyer Absolutely Necessary?
In these situations legal assistance is essential:
- You’ve received a summons
- The CBR has announced an investigation
- You were previously convicted (recidivism)
- There’s combination use (drugs + alcohol)
- You’re a professional driver
- Your job is at stake
- You doubt the legality of the procedure
The Costs
Criminal Costs
Fine: €350 – €5,000+ (depending on severity)
Lawyer costs: €2,000 – €5,000
Possible damages in case of accident: variable
Note: With conviction, lawyer costs are often not reimbursed. With acquittal or dismissal usually partially.
Administrative Costs
CBR examination: €140 – €350
Psychiatric report: €500 – €1,500
Lawyer costs objection/appeal: €1,500 – €4,000
Educational measure: approximately €850
Invisible Costs
- Higher insurance premium (after conviction)
- Loss of income (for professional drivers)
- Travel costs (when you can no longer drive)
- Possible job loss
The total bill can reach €10,000 – €20,000 or more.
How Do I Prevent All This?
The Golden Rules
1. Never combine drugs and driving
This seems obvious but is the only 100% safe option.
2. Wait long enough after use
- Cannabis: minimum 48 hours
- Other drugs: often longer (ask for information)
- With regular use: much longer still
3. Watch your medication
Discuss with your doctor whether medication affects your driving ability.
4. Plan alternative transport
- Designated driver (“Bob”)
- Taxi or Uber
- Public transport
- Stay where you are
5. Doubt? Don’t drive
Don’t feel 100% fit? Then don’t drive.
Final Word: Knowledge Is Power
Driving under the influence of drugs is a serious matter with far-reaching consequences. But you’re not helpless. By knowing your rights and taking action in time, you can limit the damage.
Key lessons:
✓ Prevention is better than cure – never drive with drugs in your system
✓ Know your rights – ask for a lawyer, use your right to remain silent
✓ Never refuse a blood test – the punishment only gets heavier
✓ Watch for procedural errors – these can lead to evidence exclusion
✓ Take the CBR seriously – your license is at stake
✓ With drug problems: seek help – a recidivism-free period is the only way back
Do You Need Help?
Have you been stopped for driving under the influence? Have you received a summons? Or a letter from the CBR?
Don’t wait any longer.
The lawyers at Law & More have years of experience with traffic criminal law and CBR procedures. We know all the ins and outs, know where police and the CBR often make mistakes, and have successfully assisted many clients.
What can we do for you?
- Free initial assessment of your case
- Check whether the procedure was correct
- Organize counter-expertise if necessary
- Negotiate sentence reduction
- Objection/appeal at the CBR
- Complete guidance up to and including trial
