Drugs and Driving in the Netherlands: What Happens to Your Licence?

Driving with drugs in your blood is a criminal offence in the Netherlands as soon as the level exceeds the statutory limit, even if you feel completely fine. The main exception is prescribed medication taken exactly as prescribed: the limits still apply, but the prosecutor takes your prescription into account when deciding whether to prosecute.

In practice, a drugs offence in traffic has two separate consequences: a criminal case and a measure from the driving licence authority, the CBR. Below you will find how the limits work, what happens after a roadside stop, which penalties and CBR measures to expect, how you can defend yourself and what it costs.

What do you need to know in brief?

Drug driving is judged on what is measured in your blood, not on how you drive or feel. The criminal case and the CBR procedure run separately, so you can face both.

• Driving with a drug level above the statutory limit is always punishable, even if you do not feel “high”.
• You risk a criminal penalty and, separately, a measure from the CBR that can end in the loss of your licence.
• Refusing the blood test is a separate criminal offence and does not make the problem go away.
• You have rights during the procedure, and the police have to follow strict rules. Knowing both can make a real difference.

What does the law say about drugs and driving?

Article 8 of the Road Traffic Act 1994 (Wegenverkeerswet 1994, WVW) prohibits driving under the influence of substances that affect your driving ability. Since 1 July 2017, fixed limits in the blood apply for the most common drugs.

What is the prohibition in Article 8 of the Road Traffic Act?

Article 8 contains two rules. The first is general: you may not drive under the influence of a substance that you know, or should reasonably know, can reduce your driving ability, to the extent that you cannot be regarded as able to drive properly. The second rule is stricter and works with fixed limits (grenswaarden) for a list of drugs.

The limits are set in the Decree on alcohol, drugs and medicines in traffic (Besluit alcohol, drugs en geneesmiddelen in het verkeer). For a single substance, the CBR lists the following limits per litre of blood:

• Cannabis (THC): 3.0 micrograms
• Cocaine, amphetamine, methamphetamine, MDMA (ecstasy), MDEA and MDA: 50 micrograms
• Heroin and morphine: 20 micrograms
• GHB and related substances: 10 milligrams

For nitrous oxide (laughing gas) there is no fixed limit. You can still be prosecuted under the general rule if the police establish that your driving ability was impaired.

Prescribed medicines such as strong painkillers or sleeping pills can also bring you under the general rule if they affect your ability to drive. That is why the warning sticker on the packaging matters legally, and not only medically.

How do these limits work?

Each drug has its own limit, and the limits are deliberately low. For cannabis, cocaine, amphetamine, MDMA and GHB, recent use will often be enough to exceed them.

If you have used two or more drugs, or a drug in combination with alcohol, lower limits apply. The legislator considers combined use considerably more dangerous for road safety. In that situation, the combination itself is enough for a heavier approach by both the prosecutor and the CBR.

A common misconception is: “I feel fine, so I can drive.” The law does not look at how you feel. It looks at what is measurable in your blood.

Why are there two tracks: criminal law and administrative law?

When you are caught with drugs in traffic, two different procedures follow, and they are independent of each other. You can receive a criminal penalty and also lose your licence through the CBR.

1. The criminal case. The Public Prosecution Service (Openbaar Ministerie, OM) prosecutes you. This can lead to a fine, community service, a prison sentence and/or a driving disqualification (ontzegging van de rijbevoegdheid).

2. The CBR procedure. The police report the case to the Central Office for Motor Vehicle Driver Testing (Centraal Bureau Rijvaardigheidsbewijzen, CBR). The CBR decides whether you have to follow a course or undergo an investigation into your fitness to drive, and it can declare your licence invalid.

Because the procedures are separate, the CBR measure can follow even when the criminal case is dropped. The CBR’s decision is an administrative decision with its own objection period of six weeks.

What happens when the police stop you?

A drugs check normally starts with a saliva test at the roadside. If that test, or other signs, give reason to suspect drug use, a blood test follows, and the blood test is the official evidence.

Step 1: the saliva test

An officer has stopped you and suspects that you have used drugs. The officer can ask you to take a saliva test (speekseltest). It is a quick preliminary test that shows within minutes whether there are indications of drug use.

Must you cooperate? Refusing the saliva test is a minor offence (overtreding) for which a fine can be imposed. Refusal on its own is not enough to suspect you of drug driving. In practice, however, other signs such as your eyes, your behaviour or the way you drove can still lead to a blood test.

Step 2: positive saliva test, then a blood test

If the saliva test is positive, the police will ask you to consent to a blood test. If you do not consent, the public prosecutor or an authorised officer can order it under Article 163 of the Road Traffic Act, and you are then obliged to cooperate.

The blood test is much more accurate than the saliva test. A doctor or nurse takes the blood, and a police officer is present and draws up an official report. The sample then goes to a laboratory, and the police must inform you of the result.

The rules are strict. Under the Decree on alcohol, drugs and medicines in traffic, the blood must in principle be taken within one and a half hours. That period runs from the moment you were asked to take the preliminary test or, where there was no such test, from the first contact with the officer that led to the blood test. A later sample is only allowed in special circumstances.

What does this mean in practice? Suppose you are stopped and asked to take the saliva test at 2:00 pm. Then, unless there are special circumstances, the blood should be taken by 3:30 pm. If it is taken later without a good reason, your lawyer can argue that a procedural rule was breached.

Other time limits also apply, for example for sending the sample to the laboratory and for the analysis. Courts have not always agreed on the consequences when those limits are exceeded, so whether a breach leads to exclusion of the evidence depends on the case.

Step 3: refusing the blood test is a bad choice

Some people think: “If I refuse, they have no evidence.” That is a misconception.

Refusing to cooperate with the blood test is a separate criminal offence under Article 163 in conjunction with Article 176 of the Road Traffic Act. Under the Public Prosecution Service’s sentencing guideline, refusal is generally punished at least as heavily as the drug driving offence itself, usually including an unconditional driving disqualification of several months. The police will also report the refusal to the CBR, which then orders an investigation into your fitness to drive.

The only exception is where giving blood is undesirable for you for special medical reasons. You must then be able to make that plausible, preferably with medical documents.

What are your rights during the check?

You have the right to remain silent and the right to consult a lawyer before your first police interview. The police must tell you about these rights.

Right to consult a lawyer. If you are arrested, you are entitled to a confidential conversation with a lawyer before the first police interview (consultatiebijstand). Use this right.

Right to remain silent. You do not have to answer questions about your drug use. You can say politely: “I am exercising my right to remain silent and I would like to speak to a lawyer first.”

Correct procedure. Pay attention to times, to what is said and to how the blood is taken. These details can matter later.

What are the criminal consequences?

The penalty depends on the substance, on whether you combined drugs or drugs and alcohol, on whether you have been caught before, and on how you drove. The maximum penalty for a violation of Article 8 is three months’ imprisonment or a third-category fine, and the court can also disqualify you from driving.

What happens the first time you are caught?

The Public Prosecution Service works with a sentencing guideline for driving under the influence of alcohol and/or drugs. For a first offence with a single drug, the guideline normally leads to a fine. With combined use the starting point is heavier: community service and an unconditional driving disqualification of many months.

We do not state exact standard amounts here. The published guideline is regularly updated and the amounts depend on the vehicle and the circumstances of your case. Your lawyer can check the current standard penalty for your situation.

Criminal record: yes. A conviction for driving under the influence is recorded in the judicial documentation system. This can have consequences, for example when you apply for a Certificate of Conduct (Verklaring Omtrent het Gedrag, VOG), especially for jobs that involve driving.

What if you are caught again?

With recidivism, the penalties are considerably heavier. If you were convicted of driving under the influence before, the prosecutor will usually demand higher fines or community service, a longer unconditional driving disqualification and, where there is repeated or serious recidivism, possibly a (conditional) prison sentence.

Under the law, the maximum driving disqualification is five years, and in some cases of recidivism within five years it can be longer.

What makes the penalty heavier?

Several factors lead to a heavier penalty. The most important are combined use, dangerous driving and your role as a professional driver.

Drugs combined with alcohol, or several drugs together. The risk of an accident rises sharply, and both the lower limits and the sentencing guideline reflect that. Expect community service and a longer unconditional driving disqualification rather than a fine alone.

The type of drug. The limits differ per substance, and the circumstances of use matter. Courts look at the whole picture: the level found, the combination and the risk you created.

Dangerous driving. Did you endanger others, or cause an accident? Then the penalty increases significantly. If someone was injured or killed, you may also be prosecuted for a much more serious offence under Article 6 of the Road Traffic Act, where driving under the influence counts as an aggravating circumstance.

Professional drivers. If you drive a taxi, lorry or bus for a living, the court may see this as aggravating because of your greater responsibility. At the same time, the consequences of a disqualification for your income can be raised when the sentence is decided.

Can the penalty also be lighter?

Yes, in some cases the court or the prosecutor will impose a lighter penalty. That requires a well-argued defence.

Circumstances that can play a role are:

• you used prescribed medication as prescribed and did not know about the effect on driving;
• there were procedural errors by the police or in the handling of the blood sample;
• your personal circumstances are exceptional, for example because a driving disqualification would cost you your job;
• the level was only just above the limit and it is your first offence.

Whether these arguments succeed depends on the facts and the evidence. A lawyer can assess which arguments are realistic in your case.

What does the CBR do after a drugs offence?

After a stop with drugs above the limit, the police report you to the CBR. For a first offence the CBR normally imposes a course; in more serious situations it orders an investigation into your fitness to drive.

When does the CBR get involved?

The CBR acts on the basis of the official police report (mededeling), not on the outcome of the criminal case. The CBR can therefore act even before the court has ruled, and even if you are acquitted.

The main situations are:

• First offence above the limit. The CBR imposes the Educational Measure Drugs and Traffic (Educatieve Maatregel Drugs en verkeer, EMD), a course about the effects of drugs and the risks in traffic.
• A new offence within five years, or signs of dependency. The CBR orders an investigation into your fitness to drive (onderzoek naar de geschiktheid) instead of the course.
• Refusal of the blood test. This also leads to an investigation into your fitness to drive.

What does the EMD course involve?

The EMD is a group course with homework assignments. You learn about the effect of drugs on your body and on your driving.

If you do not take part in the course, or do not complete it, the CBR declares your licence invalid. According to the CBR, your licence then remains invalid until you have completed the course, for up to three years.

What happens in an investigation into your fitness to drive?

An independent psychiatrist assesses whether there is drug misuse or dependency. The investigation consists of an interview about your drug use and medical history, a physical examination and laboratory tests of blood and/or urine.

The psychiatrist uses professional medical criteria. In practice the question is whether your use is a pattern that makes you unsafe in traffic. Regular or daily use makes a finding of misuse more likely, but even occasional use can lead to measures when it is combined with driving.

There are two possible outcomes:

• Fit to drive. Your licence stays valid. The CBR may still require you to complete the EMD course.
• Unfit to drive. The CBR declares your licence invalid. You may then no longer drive.

During the investigation you may keep driving, unless the CBR has suspended your licence or declared it invalid, or a criminal driving disqualification or a driving ban applies. Check the letter from the CBR carefully.

How do you get your licence back: the abstinence period

If your licence has been declared invalid because of drug misuse, there is one route back. You must show that you have stopped using drugs for at least one year.

How does this work in practice?

• Stop using drugs completely. This sounds obvious, but it is the first requirement.
• Have your abstinence documented, for example through regular urine or blood tests at an addiction care institution and, where relevant, reports from a treatment programme.
• Wait at least one year. The period starts when you can prove that you stopped.
• Submit a new health declaration (Gezondheidsverklaring). The CBR will then usually have you examined by a psychiatrist again.
• If the CBR finds you fit, you can apply for a new licence.

The bar is high. The CBR only accepts findings that are supported by objective data. Saying “I stopped” is not enough; you have to prove it.

How can you defend yourself?

You are not powerless. In the criminal case your lawyer checks the procedure and the evidence; against the CBR you can object and appeal.

In the criminal case

The police and the laboratory must follow strict rules. Your lawyer checks, among other things:

• Was the blood taken within one and a half hours, and if not, were there special circumstances?
• Were you correctly informed about your rights, including the right to consult a lawyer before the interview?
• Could you actually speak to a lawyer before you were interviewed?
• Was the blood sample correctly sealed, stored and sent to the laboratory on time?
• Are the recorded times in the official report consistent?
• Were you informed of the result in time?

An example (anonymised and simplified): a driver is asked to take a saliva test and the blood is only taken well after the one-and-a-half-hour period, while the official report mentions no special circumstances. The lawyer then argues that the rule was breached and that the result should not be used. Whether that argument succeeds depends on the case law and the facts.

The reliability of the blood test can also be questioned. Was the laboratory accredited? Was the sample stored properly? Are there unexplained deviations in the results? In case of doubt, your lawyer can ask for a second analysis (tegenonderzoek) of the sample.

In exceptional cases, you can ask for a lighter sentence because of your personal circumstances, for example unknowing use of medication, a very exceptional personal situation, or a first offence with a small excess.

Against the CBR

You can object to a decision of the CBR within six weeks, and then appeal to the administrative court. You can also ask the court for a provisional ruling (voorlopige voorziening) if the matter is urgent.

Step 1: counter-examination. If you disagree with the outcome of the psychiatric investigation, you can in some cases ask for a counter-examination (tegenonderzoek) by another expert before the CBR takes its final decision.

Step 2: objection. If the CBR declares your licence invalid, you have six weeks to lodge an objection (bezwaar) under Article 6:7 of the General Administrative Law Act (Algemene wet bestuursrecht, Awb). In the objection you can argue, for example, that:

• the psychiatric report is careless or incomplete;
• the CBR made procedural errors;
• the medical criteria for misuse have not been met;
• you can demonstrate a period of abstinence.

Step 3: appeal. If your objection is rejected, you can appeal to the administrative court within six weeks.

The court examines whether the decision was carefully prepared, whether the investigation is sound, whether the decision is adequately reasoned and whether the CBR took all relevant information into account.

Note: an objection or appeal does not suspend the CBR decision. While it runs, you may not drive. If you drive anyway, you commit a criminal offence. Only a provisional ruling from the court can change that.

What are the answers to common practical questions?

These are the questions we are asked most often. The short answer is given first, followed by the explanation.

“How long does cannabis stay in my blood?”

There is no reliable safe waiting time. How long THC stays above the limit depends on how much you used, how often you use and personal factors.

Levels fall over time after use, but not at a rate you can predict. With regular or daily use, THC can remain detectable for much longer than people expect. Because the limit is low and individual differences are large, you cannot calculate for yourself when you are safely below it. The only safe choice is not to drive after use and to allow ample time.

“I use medication. What now?”

The limits also apply to prescribed dexamphetamine, medicinal cannabis and morphine. The law makes no exception for patients who use these medicines as prescribed, but the prosecutor takes your prescription into account.

Step 1: discuss it with your doctor. Ask explicitly: “Does this medication affect my driving ability?” For some medicines you may not drive in the first period after you start.

Step 2: carry proof, such as the prescription or a current medication overview from your pharmacy. The government has also published an explanatory note for users of these three medicines.

Step 3: during a check, say straight away that you use prescribed medication.

Note: a prescription is not a free pass. Combining your medication with alcohol or other drugs, or taking more than prescribed, remains punishable. If your medication seriously affects your driving ability, you can still be prosecuted.

“What if I passively inhaled smoke?”

In theory, passive inhalation can lead to a measurable level, but as a defence it rarely succeeds in practice.

To exceed the limit passively, you would have to have spent a long time in a very smoky, enclosed space. The court will then ask why you stayed there and still decided to drive.

“Can I still drive until my objection or appeal has been decided?”

No. Once your licence has been declared invalid, you may no longer drive. An objection or appeal does not suspend that decision.

If you drive anyway, you commit a separate criminal offence under Article 9 of the Road Traffic Act. That can lead to a fine or a prison sentence and to a (longer) driving disqualification, and it makes your position towards the CBR worse.

“I have a foreign licence. Does this apply to me too?”

Yes. Anyone who drives in the Netherlands is bound by Dutch traffic law, whatever licence they hold.

Particularly relevant for international drivers:

• A Dutch criminal court can disqualify you from driving in the Netherlands, also if you hold a foreign licence.
• If you live in the Netherlands, the CBR can also take measures, such as ordering an investigation into your fitness to drive.
• After such a measure, you may not drive in the Netherlands with your foreign licence either.

What should you do during and after a check?

Stay calm, cooperate with the tests you are obliged to take, and use your right to remain silent and to consult a lawyer. Write everything down as soon as possible.

During a check

Step 1: stay calm. Aggression or panic only makes things worse.

Step 2: cooperate with identification, the saliva test and the blood test. Refusal creates a new offence.

Step 3: ask for a lawyer before any police interview. That is your right; use it.

Step 4: use your right to remain silent. Say nothing about your drug use until you have spoken to a lawyer. You can say: “I would like to speak to a lawyer first.”

Step 5: pay attention to the time. Remember when you were stopped, when you were asked to take the saliva test and when the blood was taken.

Step 6: note the details:

• the names or badge numbers of the officers;
• exactly what was said;
• the times;
• any witnesses.

Directly after the check

Within 24 hours:

• write down everything you remember;
• contact a lawyer with experience in traffic offences and CBR procedures;
• keep all documents you receive, including the result of the blood test and letters from the CBR.

What not to do:

• do not post about the stop on social media;
• do not make statements without a lawyer;
• do not lie or conceal facts.

When is a lawyer essential?

Legal assistance is especially important if:

• you have received a summons (dagvaarding) or a penalty order from the prosecutor (strafbeschikking);
• the CBR has announced a course or an investigation;
• you have been convicted before;
• drugs were combined with alcohol or with other drugs;
• you are a professional driver or your job depends on your licence;
• you doubt whether the procedure was followed correctly.

What does a drugs offence cost?

The costs consist of the criminal penalty, the CBR measure, legal assistance and indirect costs. The CBR costs are fixed; the rest depends on your case.

Criminal costs

The fine depends on the substance, on combined use and on recidivism. On top of that come the costs of legal assistance and, if there was an accident, possible claims for damages.

If you are acquitted or the case is dropped, you can in some cases ask for a contribution towards your lawyer’s fees from the state. If you are convicted, you normally bear those costs yourself.

CBR costs

The CBR charges fixed amounts, which it publishes on its website. According to the CBR, in 2026:

• the EMD course costs a total of €1,197 (€417 for imposing the measure and €780 for the course itself);
• the investigation into your fitness to drive costs €417 for imposing the measure plus €1,182 for carrying it out.

For the execution costs a payment plan is possible; the costs of imposing the measure must be paid at once. Costs of a lawyer for objection and appeal come on top.

Hidden costs

• a higher insurance premium;
• loss of income, especially for professional drivers;
• travel costs while you cannot drive;
• in some cases, the loss of your job.

Taken together, the total bill can easily run into thousands of euros.

How do you prevent all this?

The only safe option is never to combine drugs and driving. In addition, check your medication and arrange alternative transport in advance.

The golden rules

1. Never combine drugs and driving. This seems obvious, but it is the only completely safe option.

2. Allow ample time after use. There is no safe standard waiting time, and with regular use the time needed is much longer.

3. Check your medication. Discuss with your doctor or pharmacist whether it affects your driving ability, and look for the warning sticker on the packaging.

4. Arrange alternative transport: a designated driver who has not used anything, a taxi, public transport or staying where you are.

5. In doubt? Do not drive. If you do not feel completely fit, leave the car.

In summary

• Driving with drugs in your blood above the statutory limit is punishable under Article 8 of the Road Traffic Act, regardless of how you feel.
• A criminal case and a CBR procedure run independently; you can receive a penalty and also lose your licence.
• The blood must in principle be taken within one and a half hours; departures from the rules can be a basis for a defence.
• Refusing the blood test is a separate offence and always leads to a CBR investigation.
• Against a CBR decision you can object within six weeks, but you may not drive while the objection runs.

Frequently asked questions about drugs and driving in the Netherlands

Have you been stopped for driving under the influence of drugs, received a summons or a letter from the CBR? Do not wait until the deadlines have passed. The lawyers at Law & More assist drivers in traffic cases under criminal law and in objection and appeal procedures against the CBR. We check whether the procedure was followed correctly, arrange a second analysis where needed and argue your case in court. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.