Article 8 Road Traffic Act 1994 (driving under the influence)

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Car keys next to a glass of water on a café terrace in the evening

Article 8 of the Road Traffic Act 1994 (Wegenverkeerswet 1994, WVW 1994) prohibits driving, or acting as the accompanying supervisor of a learner, while under the influence of alcohol, drugs or other substances that impair driving ability. It sets fixed alcohol limits: 220 micrograms per litre of breath or 0.5 per mille in blood, and lower limits for novice drivers.

What are the alcohol limits?

  • General limit (second paragraph): 220 micrograms per litre of exhaled air, or 0.5 milligrams per millilitre of blood.
  • Novice limit (third paragraph): 88 micrograms per litre, or 0.2 milligrams per millilitre.

The first paragraph also bans driving under the influence of any substance you know, or should know, can reduce driving ability, if you can no longer drive properly. For certain drugs, fixed blood limits are set by government decree (algemene maatregel van bestuur).

Who counts as a novice driver?

As a rule, you are a novice for five years after your first licence was issued. If your first licence was a moped (AM) or tractor (T) licence obtained before age 18, the period is seven years. The lower limit also applies to anyone driving a vehicle that requires a licence without having been issued one.

How is a case handled?

The police start with a preliminary breath test. If it is positive, an evidential breath analysis follows at the station, or a blood test. The Public Prosecution Service (Openbaar Ministerie) then issues a penal order (strafbeschikking) or summons you to the police judge (politierechter). The penalty depends on the measured level and previous offences. At high levels, the police seize your licence on the spot under Article 164.

Frequently asked questions

Can I be fined if I blow 150 micrograms?

Yes, if you are a novice driver. That level is below the general limit of 220 but above the novice limit of 88.

Does the CBR act separately?

Yes. The CBR can impose an educational course or a fitness-to-drive assessment, regardless of the outcome of the criminal case.

Related terms

For help with a drink-driving or drug-driving case, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.