Invalidation of driving license: when does the CBR revoke your driving license and what can you do?
The CBR declares your driving licence invalid if you fail to cooperate with a mandatory course or examination, or if an examination reveals that you are not competent to drive or are not fit to drive (Articles 132 and 134 of the Road Traffic Act 1994). This is not a punishment but an administrative measure, and therefore the objection is lodged with the CBR and the administrative court, not with the criminal court.
Below, we explain how a CBR procedure begins, when the CBR suspends or invalidates your driving license, how to lodge an objection, and how to obtain a new driving license.
How does the CBR find you?
The procedure almost always begins with a report from the police. According to Article 130, paragraph 1 of the Road Traffic Act 1994, the police report it to the CBR if they suspect that you are no longer fit or capable of driving.
The following applies to the police report: the Regulation on Measures regarding Driving Proficiency and Fitness 2011. This concerns, among other things, driving under the influence above certain limits, driving 50 km/h or more over the speed limit, dangerous driving behavior, and refusing a breathalyzer test. The police include an official report; the facts contained therein form the basis for the CBR's decision.
In accordance with Article 131, paragraph 1 of the Road Traffic Act 1994, the CBR makes a decision within four weeks of receiving the notification. The CBR may then impose an educational measure or an examination of driving skills or fitness.
What measures can the CBR impose?
The CBR selects the measure based on the type of offense and the level of alcohol. The alcohol limits are set out in the Regulation on Measures for Driving Proficiency and Fitness 2011:
| Measure | Novice driver | Experienced driver |
|---|---|---|
| LEMA (light educational measure alcohol) | from 220 µg/l (0.5 per mille) | from 350 µg/l (0.8 per mille) |
| EMA (Alcohol Education Measure) | from 350 µg/l (0.8 per mille) | from 435 µg/l (1.0 per mille) |
| Suitability assessment | from 570 µg/l (1.3 per mille) | from 785 µg/l (1.8 per mille) |
In the event of dangerous driving behavior or a serious speeding violation, the EMG (Educational Measure for Behavior and Traffic) usually follows. According to the central government, the EMG lasts seven weeks and you pay the costs yourself. The CBR also has its own course and examination for drugs. You can read more about these processes in our articles on the EMA course and the suitability assessment.
When does the CBR suspend your driving license?
During a suspension, you are temporarily prohibited from driving while the CBR investigates whether you are still fit or competent to drive. According to Article 131, paragraph 2 of the Road Traffic Act 1994, the CBR suspends the driving licence if the police have already confiscated it because you directly endangered road safety.
A common example is a blood alcohol concentration of 785 µg/l or more (1.8 per mille). In that case, the CBR suspends the driving licence and orders an assessment of fitness to drive (Articles 5, 6 and 23 of the Regulation). For example, the Council of State upheld such a decision in June 2024 at a measured value of 870 µg/l.
The suspension lasts until the CBR makes a final decision following the investigation. Driving during a suspension is prohibited under Article 9, paragraph 5 of the Road Traffic Act 1994.
When does the CBR declare your driving license invalid?
There are two main routes. The first is failure to cooperate with an imposed measure (Article 132 of the Road Traffic Act 1994); the second is a negative result of an examination (Article 134 of the Road Traffic Act 1994).
Failure to cooperate or payment
Everyone must cooperate with a mandatory course or examination, as stipulated in Article 132, paragraph 1 of the Road Traffic Act 1994. If you do not cooperate, the CBR will declare your driving licence invalid. Failure to pay the costs is also considered failure to cooperate.
The invalidation takes effect on the seventh day after the decision has been notified to you (Article 132, paragraph 4 of the Road Traffic Act 1994). Thereafter, you must surrender the driving licence to the CBR.
Results of the examination
Following an examination, the CBR determines the outcome within four weeks of the expert's findings (Article 134, paragraph 1 of the Road Traffic Act 1994). If you are not competent to drive or are not suitable, the CBR may declare the driving licence invalid, either entirely or for specific categories.
Before that time comes, you will be notified of the intention. You may then request a second examination within two weeks, at your own expense (Article 134, paragraph 3 of the Road Traffic Act 1994).
Is this the same as a driving ban?
No. A driving ban is a penalty imposed by the judge or the Public Prosecution Service, whereas invalidation is a measure by the CBR that assesses whether you can drive safely.
Both can apply concurrently. In addition, Article 123b of the Road Traffic Act 1994 provides for automatic invalidity in the event of repeated driving under the influence. No CBR decision is required for this: anyone convicted twice within five years, with a blood alcohol level of more than 1.3 per mille on the second occasion, automatically loses their driving licence.
How do you object to a CBR decision?
You must lodge an objection against a decision of the CBR with the CBR itself within six weeks, pursuant to Article 6:7 of the General Administrative Law Act (Awb). After the decision on the objection, you may appeal to the District Court and subsequently to the Administrative Jurisdiction Division of the Council of State.
An objection does not suspend the decision (Article 6:16 of the General Administrative Law Act). A suspension or declaration of invalidity therefore remains in effect as long as the proceedings are ongoing. If the matter is urgent, you may ask the preliminary relief judge for a preliminary injunction (Article 8:81 of the General Administrative Law Act).
In objection and appeal proceedings, the primary focus is on determining whether the facts in the official report are accurate and whether the limit set out in the Regulations has been reached. An error in the measurement or in the description of driving behavior can therefore be decisive. The criminal file can also be of assistance in this regard; see surveillance and investigation.
How do you get a driver's license again after it has been declared invalid?
A driving licence that has been declared invalid does not automatically return. You must apply for a new driving licence and demonstrate that you are once again competent or fit to drive (Article 132, paragraph 6 and Article 134, paragraph 5 of the Road Traffic Act 1994).
What exactly that entails depends on the reason for the invalidation. Often, you must still complete the missed course, submit a Health Declaration, and retake the driving test. In the case of unfitness due to alcohol abuse, medical standards usually require a period without relapse of one year before a new examination makes sense.
What can we do for you regarding a CBR measure?
- We assess whether the police report and the CBR decision fall within the Regulation.
- We check the alcohol level measurement and the official report for errors.
- We draft the notice of objection and speak during the hearing at the CBR.
- We are urgently requesting a preliminary injunction from the preliminary relief judge.
- We are pursuing the appeal before the District Court and the appeal on points of law before the Council of State.
- We tailor the CBR procedure to your criminal case.
Summary
- The police report you to the CBR pursuant to Article 130 of the Road Traffic Act 1994; the CBR makes a decision within four weeks.
- The CBR can impose a course (LEMA, EMA, EMG) or an examination, depending on the violation.
- In the case of, among other things, 1.8 per mille or more, the CBR suspends the driving licence until the result of the examination.
- Failure to cooperate or payment leads to invalidation (Article 132 of the Road Traffic Act 1994).
- You must lodge an objection with the CBR within six weeks; in the meantime, the decision remains in effect.
Frequently asked questions about the invalidation of the driver's license
Am I allowed to drive while taking a CBR course?
As a general rule, yes, provided your driver's license has not been suspended or revoked. According to the national government, you are in principle allowed to continue driving during the EMG.
Am I allowed to ride a moped if my driver's license has been declared invalid?
That depends on the categories for which the CBR has declared the driving licence invalid (Article 132 paragraph 2 and Article 134 paragraph 4 of the Road Traffic Act 1994). Therefore, carefully review the text of the decision.
Can the CBR also impose a measure if the criminal case has been dismissed?
Yes. The CBR procedure is separate from the criminal case and is based on the facts stated in the police report. A dismissal or acquittal can play a role in the appeal if it becomes apparent that those facts are incorrect.
How much does a CBR measure cost?
You pay for the course or the examination yourself. According to the central government, the cost of a course ranges between €700 and €1,300; the CBR publishes the rates every 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.
