{"id":3758,"date":"2026-11-04T09:25:26","date_gmt":"2026-11-04T08:25:26","guid":{"rendered":"https:\/\/verkeer.site\/?p=3758"},"modified":"2026-11-04T09:26:46","modified_gmt":"2026-11-04T08:26:46","slug":"weigeren-blaastest","status":"publish","type":"post","link":"https:\/\/verkeer.site\/en\/weigeren-blaastest\/","title":{"rendered":"Refusing a breathalyzer test: why it is a punishable offense and what penalty the Public Prosecution Service demands"},"content":{"rendered":"

By Tom Meevis, criminal defense lawyer at Law & More \u00b7 Published and content reviewed: 4 November 2026<\/p>\n

Refusing a breathalyzer test is a separate punishable offense and a crime, even if you have not been drinking. You are not required to cooperate if blowing into the device is undesirable for you for specific medical reasons, but in that case, the police may order a blood test.<\/p>\n

The Public Prosecution Service demands a fine of \u20ac1,000 and a nine-month driving ban for a first refusal by an experienced driver. That is not the most severe category, but it is higher than for frequently measured blood alcohol levels. In this article, you will read what the law requires of you, what penalty you can expect, and how this relates to your right to remain silent.<\/p>\n

Are you required to cooperate with the breathalyzer test?<\/h2>\n

Yes, if the police order you to do so. According to Article 163, paragraphs 1 and 2, of the Road Traffic Act 1994<\/a> (WVW 1994) if you are suspected of driving under the influence, you must blow into a breathalyzer and follow the instructions of the officer.<\/p>\n

This obligation applies to the driver of any vehicle, including cyclists. Failure to follow the officer's instructions also falls under Article 163, paragraph 2. You can read about the powers the police have during checks at Traffic surveillance and detection<\/a>.<\/p>\n

What happens after a refusal of the breathalyzer test?<\/h2>\n

If the breath test is unsuccessful, the police may ask you to consent to a blood test (Article 163, paragraph 4 of the Road Traffic Act 1994). This also applies if you are not required to take a breath test for medical reasons or if there is a suspicion of drugs.<\/p>\n

If you do not give consent, the public prosecutor or an assistant public prosecutor may order a blood test (Article 163, paragraph 5). You are then obliged to cooperate (Article 163, paragraph 6). A doctor or nurse will take the blood sample. Refusing that order is also a punishable offense.<\/p>\n

Why is refusal punishable in itself?<\/h2>\n

The law makes failure to comply with the order a separate criminal offense. According to Article 176, paragraph 5 of the Road Traffic Act 1994, a violation of Article 163, paragraphs 2, 6, and 7 carries a prison sentence of up to three months or a fine of the third category.<\/p>\n

According to Article 178, paragraph 1 of the Road Traffic Act 1994, this is an offence. In addition, the judge may impose a driving ban of up to five years (Article 179, paragraph 1). The Public Prosecution Service therefore does not need to prove that you had drunk too much.<\/p>\n

What penalty does the Public Prosecution Service demand for refusal?<\/h2>\n

The Public Prosecution Service uses the Guidelines for prosecution of driving under the influence of alcohol and\/or drugs and driving during a driving ban (2019R013<\/a>). This has been in effect since January 1, 2020, and lists refusal as a separate rule in the tables.<\/p>\n\n\n\n\n\n\n\n
Situation<\/th>\nProsecution Service's sentencing demand (Table 1A, experienced driver)<\/th>\n<\/tr>\n<\/thead>\n
First time<\/td>\nFine of \u20ac1,000 and a 9-month unconditional driving ban<\/td>\n<\/tr>\n
One recidivism within 5 years<\/td>\n40 hours of community service, 1 week of suspended imprisonment and a 10-month driving ban, or 1 week of unconditional imprisonment and a 10-month driving ban<\/td>\n<\/tr>\n
Multiple recidivism<\/td>\n80 hours of community service, 2 weeks of suspended imprisonment and a 10-month driving ban, or 2 weeks of unconditional imprisonment and a 10-month driving ban<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

For novice drivers, the guideline refers to the same table. For a moped, the requirement starts at \u20ac750 and a seven-month driving ban; for a bicycle, at \u20ac250. The judge is not bound by this requirement.<\/p>\n

Is the punishment equal to the most severe category?<\/h3>\n

No. The requirement for a first refusal coincides with Scale IX of the directive, which applies to 870 to 945 \u00b5g\/l (approximately 2 per mille). The highest scale, starting at 1,500 \u00b5g\/l, carries a requirement of 100 hours of community service and a 22-month driving ban.<\/p>\n

Refusal therefore does not result in a lower penalty than taking a breathalyzer test for a high blood alcohol level. Those who had drunk little often receive a harsher sentence due to their refusal than would result in a blood alcohol test. An overview of the penalties per blood alcohol level can be found at driving under the influence<\/a>.<\/p>\n

What are the consequences for your driver's license?<\/h2>\n

In addition to the criminal case, a measure by the CBR follows. One refusal of the breath test leads to the EMA, the alcohol and traffic course (Article 11, paragraph 1 of the Regulation on Measures regarding Driving Proficiency and Fitness 2011). In 2026, this will cost \u20ac1,197; see the EMA course<\/a>.<\/p>\n

If you have been arrested more than once within five years, a refusal may lead to an examination of your fitness to drive (Article 23, paragraph 1, subparagraph c). A refusal also counts towards the recidivism scheme of Article 123b of the Road Traffic Act 1994. That scheme declares the driving licence invalid by operation of law after a second conviction within five years.<\/p>\n

Does this change due to the new law?<\/h3>\n

Possibly. On October 27, 2026, the House of Representatives adopted the Act on Improving Tackling Driving Under the Influence (Parliamentary Paper 36 586). According to the explanatory memorandum, that Act abolishes the recidivism provision of Article 123b of the Road Traffic Act 1994 and grants the judge more means regarding the disqualification.<\/p>\n

The Senate still has to consider the proposal. Therefore, the current regulations will still apply on 4 November 2026.<\/p>\n

When do you not need to take a breathalyzer test for medical reasons?<\/h2>\n

According to Article 163, paragraph 3 of the Road Traffic Act 1994, the obligation lapses if it is plausible that blowing into the device is undesirable for you for specific medical reasons. This concerns a medical reason that makes the act of blowing into the device itself undesirable, not a general objection.<\/p>\n

That does not relieve you of every investigation. The police may then request permission for a blood test and, if necessary, order it (Article 163, paragraphs 4 and 5).<\/p>\n

How does the right to remain silent relate to the duty to blow into a breathalyzer?<\/h2>\n

You are not required to make a statement, but you must cooperate with the investigation. The right to remain silent under Article 29 of the Code of Criminal Procedure applies to questions you are asked as a suspect. Blowing into a breathalyzer or having blood drawn is not a statement.<\/p>\n

The Supreme Court ruled that an order for a blood test does not equate to an interrogation (HR 27 November 2012, ECLI:NL:HR:2012:BY1220<\/a>Therefore, you do not have the right to consult a lawyer before that decision. You are, however, allowed to remain silent about how much you have drunk. You can read more about this at obligations and cooperation<\/a>.<\/p>\n

Does a police error aid the refusal?<\/h3>\n

Not automatically. In a case where the police had not requested a breath test but ordered a blood test immediately, the conviction for refusal was upheld. The Court of Appeal had merely established the omission (HR 17 December 2019, ECLI:NL:HR:2019:1984<\/a>). Formal errors are assessed against Article 359a of the Code of Criminal Procedure.<\/p>\n

What can we do for you in case of suspected refusal?<\/h2>\n