Fitness assessment: when do you need to see the CBR psychiatrist and what are the consequences?
The CBR orders an assessment of fitness to drive if you have been apprehended with a blood alcohol level of 1.8 per mille or more, or with 1.3 per mille or more as a novice driver. Repeated driving under the influence or drug use can also lead to this assessment, unless a less intensive course suffices.
During the examination, a psychiatrist assesses whether there is abuse or dependency. If this proves to be the case, the CBR will declare your driving licence invalid. Below you can read when the examination takes place, how it proceeds, what it costs in 2026, and what other courses are available from the CBR.
When do you need to conduct a suitability assessment?
The CBR decides to that effect in the cases referred to in Article 23, paragraph 1 of the Regulation on measures regarding driving proficiency and suitability 2011The legal basis is Article 131, paragraph 1 of the Road Traffic Act 1994 (WVW 1994).
- An alcohol content of 785 µg/l breath (1.8 ‰) or more.
- As a novice driver: 570 µg/l breath (1.3 ‰) or more.
- Within five years, three official reports for driving under the influence, one of which was above 220 µg/l (starting at: 88 µg/l), or one refusal.
- You are not eligible for the LEMA, the EMA, or the drug course (EMD), for example due to suspected dependence.
- Within five years, two official reports for driving under the influence of drugs, with additional police data.
For lower values, a course usually follows. You can read about this in our article on the EMA course and the LEMA.
Are you allowed to drive during the examination?
That depends on the measured value. At 1.8 ‰ or more (starting at 1.3 ‰) and in the event of drug use, the CBR will confiscate your driving licence and suspend its validity (Articles 5 and 6 of the Regulation, Article 130 paragraph 2 and Article 131 paragraph 2 of the Road Traffic Act 1994).
In other cases, according to the CBR, you may continue driving, unless you have a driving ban imposed by a court or the Public Prosecution Service. Often, the driving license has already been confiscated by the police. See our article about a confiscated driver's license.
How does the examination by the psychiatrist proceed?
You will go to an independent psychiatrist with a referral from the CBR. According to the CBR, the examination for alcohol use consists of three parts:
- A conversation about your alcohol use, medical history, and lifestyle.
- A physical examination for indications of abuse.
- Blood tests and sometimes also urine tests.
According to the CBR, after payment you will receive a referral within four weeks and you make the appointment yourself. The psychiatrist sends a report to the CBR within eight weeks. The CBR determines the outcome within four weeks of receiving the findings (Article 134, paragraph 1 of the Road Traffic Act 1994).
What will the research cost in 2026?
The first alcohol or drug test will cost a total of €1,599 in 2026. According to the CBR Tariffs Regulation 2026 you pay €417 in imposition costs and €1,182 in execution costs.
- If you fail to show up without a valid reason, the CBR will charge a no-show fee of €745.
- A second investigation costs €1,093 in implementation costs.
You must pay the imposition costs within five weeks and the execution costs within ten weeks (Article 25 of the regulation). For the execution costs, you may request a deferral of up to six months within three weeks. Failure to pay or paying late is considered failure to cooperate (Article 24).
What can the test result be?
There are two outcomes: you are fit to drive or you are not fit to drive. In the event of a negative result, the CBR declares your driving licence invalid (Article 134, paragraph 2 of the Road Traffic Act 1994 and Article 27 of the Regulation).
If you are fit to drive, you will get your driving licence back or be allowed to continue driving. According to the CBR, however, you must still take the EMA, unless you successfully completed it within the past five years.
Could you request a second examination?
Yes. If the CBR intends to declare your driving licence invalid, you may request a second examination within two weeks (Article 134, paragraph 3 of the Road Traffic Act 1994). You must pay the costs thereof within two weeks of the notification from the CBR (Article 26 of the regulation).
How do you get your driver's license back after misuse?
You must demonstrate that you have stopped the abuse for at least one year. The CBR calls this the recidivism-free period. This begins on the cessation date stated in the result or, without a cessation date, the day after the last examination.
After that year, you complete a Health Declaration and undergo a new examination. If you are then deemed fit, you apply for a new driving licence at the municipality. According to the CBR, a new driving test is not necessary. You can read more at invalidation of the driving license.
What educational measures will exist in 2026?
In 2026, the CBR offers five courses: LEMA, EMA, EMD, LEMG, and EMG. The EMD and LEMG have existed since April 1, 2023 (Government Gazette 2023, no. 3433). A separate measure named LMV does not exist; the lighter variants are called LEMA and LEMG.
| Measure | When | Costs 2026 |
|---|---|---|
| LEMA (short course on alcohol) | 0.8 to 1.0 ‰; starting 0.5 to 0.8 ‰ | € 417 + € 440 |
| EMA (alcohol course) | 1.0 to 1.8 ‰; starting 0.8 to 1.3 ‰; refusal | € 417 + € 780 |
| EMD (drug course) | first arrest for drugs, without contraindications | € 417 + € 780 |
| LEMG (short course in behavior) | 50 to 59 km/h over the speed limit; moped or roadworks 30 to 59 km/h | € 417 + € 612 |
| EMG (behavior course) | 60 km/h or more over the speed limit, or repeated dangerous driving | € 417 + € 942 |
The criteria are set out in Articles 7, 11, 14, 17, and 20 of the Regulation. The alcohol interlock program no longer exists. You can read more about this in our article on the alcohol interlock.
When is an investigation carried out in the case of drugs instead of the EMD?
Upon a first arrest for drugs, the CBR in principle imposes the EMD (Article 17 of the regulation). An examination follows in the event of contraindications, such as a suspicion of dependence (Article 18). It also follows in the event of a second official report within five years (Article 23, paragraph 1, sub g). See also driving under the influence of drugs.
What is the driving skills test?
This is a separate examination of your driving behaviour, including a driving skills test. It is conducted, among other things, if you do not qualify for the EMG (Article 23, paragraph 2 of the regulation). In 2026, the driving skills test costs €287, in addition to €417 in administrative costs.
What happens if you do not cooperate?
In that case, the CBR declares your driving licence invalid (Article 132, paragraph 2 of the Road Traffic Act 1994). Failure to pay, failure to appear without a valid reason, and failure to cooperate within the stipulated period fall under this (Article 24 of the regulations).
If you are unable to attend the appointment, please notify the CBR in advance. According to the CBR, you can still pay for and complete the examination within three years after a declaration of invalidity.
Can you object to the investigation?
Yes, within six weeks of the decision (Article 6:7 of the General Administrative Law Act). An objection does not suspend the decision (Article 6:16 of the General Administrative Law Act), so the time limits for payment and investigation continue to run.
If you wish to temporarily suspend the decision, you may request a preliminary injunction from the administrative court (Article 8:81 of the General Administrative Law Act). An objection usually focuses on the measurement, the number of previous official reports, or your status as a novice driver.
What can we do for you regarding a suitability assessment?
- We assess whether the CBR decision is consistent with the measurement and the criteria of Article 23 of the regulation.
- We draft the notice of objection and, if necessary, request a preliminary injunction.
- We will discuss with you whether a second examination within the two-week period would be worthwhile.
- We align the CBR procedure with your criminal case at the Public Prosecution Service or the court.
Summary
- The investigation follows from 1.8 ‰ (starting at: 1.3 ‰), in case of repeat offenses and in certain drug cases.
- A psychiatrist assesses abuse or dependence using physical and blood tests.
- The first examination costs €1,599 in 2026.
- In the event of misuse, your driver's license becomes invalid and a recidivism-free period of at least one year applies.
- You must request a second examination within two weeks (Article 134, paragraph 3 of the Road Traffic Act 1994).
Frequently asked questions about the suitability assessment
Is the investigation a punishment?
No. It is an administrative measure by the CBR. In addition, you can receive a penalty from the Public Prosecution Service or the court for the same offense. See our overview of penalties and measures in traffic criminal law.
Do I have to take a new driving test after an invalidation?
Not after an assessment of fitness by the CBR, if you are deemed fit again after the relapse-free period. This may be different for a driving proficiency assessment.
May I drink alcohol during the relapse-free period?
The CBR states that what you do during that period is your own responsibility. The new investigation must show that you have stopped the abuse for a full year.
Questions about your case?
Email us a few sentences explaining what your question is about, via info@lawandmore.nlWe will let you know if we can help you and what the next step is.
This article provides general information and does not replace advice regarding your specific situation.
