Penalties for Driving Under the Influence in Den Haag
Penalties for driving under the influence in Den Haag include hefty fines, driving bans, and criminal measures for motorists caught driving with excessive alcohol or drugs. Due to the busy traffic in the city, from the city center to Scheveningen, the police enforce strictly to ensure safety. Sanctions escalate with higher levels or repeat offenses. The Netherlands applies both administrative and criminal procedures.
Legal Basis
The rules on driving under the influence in Den Haag are set out in the Road Traffic Act 1994 (WVW 1994), specifically Article 8. This prohibits operating a motor vehicle under the influence of alcohol, drugs, or medicines that impair driving performance. The limits are:
- Alcohol: Above 220 μg/l breath for experienced drivers; 100 μg/l for beginners (less than 5 years' license) and drivers under 21.
- Drugs: Traces of cocaine, MDMA, THC, or benzodiazepines suffice (zero tolerance).
Exceedance often results in seizure of the driving license (Article 130 WVW). Criminal cases fall under Article 9 WVW (crime in serious cases) or Article 10 WVW (offense). The Public Prosecutor's Office decides based on guidelines from the National College of Procureurs-Generaal. Repeat offenses trigger harsher sanctions under the criminal procedure policy. In Den Haag, the Den Haag District Court handles many such cases.
Types of Penalties and Sanctions
Sanctions range from fines to imprisonment. Overview in table for typical cases in Den Haag:
| Situation | Alcohol Limit (μg/l breath) | Drugs | Typical Penalties |
|---|---|---|---|
| Minor offense (first time) | 221-380 | Low/traces | Fine €335-€670 (CJIB), driving license seized (5-7 days), educational measure (EMT). |
| Serious offense | 381-570 | Positive | Fine €700-€1,500, driving disqualification (ORR) 3-12 months, driving license seized. |
| Criminal offense (high influence) | >570 | High/active use | Up to 2 years imprisonment, ORR 1-5 years, high fine (€10,000+), recidivism: lifetime driving ban possible. |
| Recidivism (within 5 years) | All | All | Harsher ORR (doubled), fine doubled, mandatory course. |
In accidents involving injuries or fatalities, no Mulder Act (settlement) applies, but severe penalties from the Criminal Code (arts. 6-9), often handled at the Den Haag District Court.
Practical Examples from Den Haag
Example 1: Jan is caught on Grote Marktstraat with 250 μg/l after drinks on the terrace. Police hold his license for 7 days; CJIB imposes €400 fine plus EMT (€435). Total around €850 and 10 hours of training.
Example 2: Marie tests positive for THC after cannabis in Scheveningen. Driving license seized for investigation (6 months). OM demands 6 months ORR and €800 fine at Den Haag District Court; plus mandatory alcohol interlock.
Example 3: Pieter crashes on Utrechtsebaan with 650 μg/l. Criminal case: 4 months conditional imprisonment, 2 years ORR, and €5,000 fine. Recidivism would mean 3 years ORR.
Rights and Obligations upon Suspicion
Rights:
- Right to remain silent and choose a lawyer (art. 37 Sv).
- Objection to seizure with the prosecutor within 7 days.
- Hearing at CJIB or police court; appeal at Den Haag District Court.
- Medical examination required for license reinstatement after ORR.
Obligations:
- Drive only with a valid license.
- Cooperate with breath or blood test (refusal punishable, art. 8 para. 3 WVW).
- Pay fine to avoid enforced collection.
Refusing a test incurs the same sanction as a positive result.
Frequently Asked Questions
Can I get my driving license back during seizure?
No, not during the period (5-12 months). Apply for a provisional license at Den Haag District Court, but chances are slim with high levels.
What about medications?
Medications with warning labels are prohibited. Show prescription; exemptions sometimes possible, but positive test? Sanctions apply. Check with a pharmacy in Den Haag.
How long is ORR?
3 months to lifetime for serious recidivism. After ORR, 2-year probation period; new offense reactivates penalty.
Is alcohol interlock mandatory?
Often for >380 μg/l, for 2 years. Costs €1,500-€2,000 at your own expense.
Tips and Recommendations for Den Haag
- Prevent it: Stay under limits using apps like 'Promillage'; arrange a designated driver (BOB) for outings in the center or Scheveningen.
- During a check: Stay calm, cooperate, note police details, and request a lawyer.
- Objection: File in writing with CJIB within 14 days. Contact Den Haag Legal Aid Office or a criminal lawyer.
- License reinstatement: Complete EMT/alcohol interlock and CBR test.
- Prevent recidivism: Take voluntary courses via the Municipality of Den Haag.