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For legal assistance in Enschede and Overijssel regarding drunk driving, rely on the expertise of the criminal lawyers at Derbedrosian Criminal Law Attorneys. Our lawyers in Enschede specialize in criminal cases and have extensive experience in cases where the driver's license was confiscated as a result of drunk driving. When you come into contact with the police for drunk driving, there can be serious legal consequences, including the confiscation of your driver's license. In such a situation, it is very important to seek immediate legal advice and hire a specialized drunk driving lawyer. Our lawyers in Enschede will assist you and provide you with the right legal support to handle your case and represent your interests. If you are facing this situation, contact Derbedrosian Criminal Lawyers for expert legal assistance.
Driving under the influence of drugs or alcohol? The Netherlands takes traffic offenses that threaten road safety very seriously. The Netherlands has strict laws and regulations in place regarding driving under the influence of alcohol and drugs. These rules include legal limits, consequences for violations and enforcement measures.
What is driving under the influence?
Driving under the influence happens when someone drinks too much alcohol, uses drugs or takes certain medications before driving. Being caught driving under the influence can have serious consequences. In the Netherlands, this is considered a criminal offense and can lead to a criminal record. You can also lose your driver's license and face measures from the CBR.
The penalties for this offense can significantly damage your personal life and career. It is important to seek immediate legal help from an attorney in such a situation.
Driving Disqualification
Police procedure on suspicious driving
When the police stop you because of your driving, they may conduct tests on the spot to check your alcohol or drug use. This is usually done through a breathalyzer or saliva test. There is also a third testing option for situations where the previously mentioned tests are not possible. This test involves assessing your psychomotor functions, as well as your eye and speech skills. In this case, a police officer checks if your eyes still look normal, if you can still speak normally, and if you can still walk in straight lines.
If any of these tests indicate that you have consumed too much alcohol or drugs, you will be taken to the police station on suspicion of driving under the influence. Here, your situation will be further evaluated through breath analysis or blood tests to more accurately determine how much alcohol or drugs are in your system. If this exceeds legal limits, it may result in a driving disqualification and you may receive a criminal citation or summons for driving under the influence.
Limits for driving under the influence
Maximum allowable limits have been established for various agents.
Drug use: if you are driving under the influence of drugs and exceed established limits your driver's license to be confiscated. This applies to the following exceedances, namely:
- 50 micrograms of amphetamine
- 3 micrograms of cannabis
- 20 micrograms of morphine
- 10 milligrams of GHB
- 3.0 micrograms of THC
These amounts are per liter of blood in your body.
Alcohol content: when your blood alcohol level exceeds 1.3 promille. For novice drivers, the limit is 0.8 promille.
Appearing before police judge and prosecutor's hearing
Before you receive a criminal citation for drunk driving, you will usually first receive an invitation from the District Attorney's Office to appear at a hearing, here the prosecutor will tell you what penalty they plan to impose on you.
If you do not agree with the sentence imposed by the prosecutor, you can object to it which will result in a summons for a hearing at the police court.
There are also cases where the police judge is directly involved in a case. You will then not receive an invitation for OM hearing, instead you will be directly summoned to appear before the police judge. This happens only in severe cases, such as high alcohol content or recidivism.
Points driving license
Reclaim driver's license through complaint
After your driver's license is confiscated, it will be referred to the District Attorney, who will decide on the withholding of your license within ten days. The case will be submitted to court within six months. The Prosecutor may also decide to forward your driver's license to the CBR, especially in cases of high blood alcohol content, drug use or repeat offenses.
It is important to file a notice of complaint for the return of your driver's license as soon as possible. A notice of complaint is a letter a person writes to the court to complain or protest something a government agency has decided.
Drunk driving lawyer
Therefore, it is recommended that you present your case to an attorney who can help you with your defense and determine the next steps.
Contact one of our experienced lawyers for a consultation. Our lawyers at Derbedrosian Law Firm have years of experience in traffic criminal law and will put their knowledge to work to achieve the best result for you.