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Penalties for Driving Under the Influence in Rotterdam

Penalties for driving under the influence in Rotterdam: fines, driving bans and prison. Local info via District Court and Juridisch Loket Rotterdam. (118 characters)

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Penalties for Driving Under the Influence in Rotterdam

Penalties for driving under the influence are enforced strictly in Rotterdam for drivers who hit Rotterdam's roads, such as the Erasmus Bridge or the A20, with excess alcohol or drugs. These sanctions, ranging from fines to driving bans and criminal prosecution, safeguard road safety in the vibrant port city and intensify for repeat offenses or serious cases. In the Netherlands, including Rotterdam, administrative and criminal proceedings are distinguished.

Legal Basis

Regulations on driving under the influence are set out in the Road Traffic Act 1994 (WVW 1994), specifically Article 8. This prohibits driving a motor vehicle under the influence of alcohol, drugs, or medicines impairing driving ability. The limits are:

  • Alcohol: Over 220 micrograms per liter of breath (μg/l) for experienced drivers in Rotterdam; maximum 100 μg/l for beginners (less than 5 years' license) or drivers under 21.
  • Drugs: Traces of cocaine, MDMA, THC, or benzodiazepines trigger zero-tolerance sanctions.

Exceedance often results in seizure of the driving licence (Article 130 WVW). Criminal cases fall under Article 9 WVW (criminal offense for excesses) or Article 10 WVW (violation). The Public Prosecution Service decides based on guidelines from the National Board of Prosecutors-General. In Rotterdam, the Rotterdam District Court handles many such cases, with harsher penalties for recidivism under the sentencing policy.

Types of Penalties and Sanctions

Sanctions escalate from fines to imprisonment. Here is an overview table for typical situations in Rotterdam:

Situation Alcohol Limit (μg/l breath) Drugs Typical Penalties
Minor violation (first time) 221-380 Low/traces Fine €335-€670 (CJIB), driving licence seized (5-7 days), educational measure (EMT).
Serious violation 381-570 Positive Fine €700-€1,500, driving disqualification (ORR) 3-12 months, driving licence 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 with injuries or fatalities in Rotterdam traffic, such as on Westersingel, no Mulder Act (penalty discount for settlement) applies, but heavier sanctions from the Criminal Code (arts. 6-9).

Real-Life Examples from Rotterdam

Example 1: Rotterdam resident Jan from Feijenoord registers 250 μg/l after drinks on the Oude Haven terrace. Police issues official report, driving licence seized for 7 days. CJIB imposes €400 fine plus EMT (€435), total around €850 and 10-hour course.

Example 2: Marie from Kralingen tests positive for THC after cannabis. Immediate seizure for 6-month investigation. Prosecution demands 6 months ORR and €800 fine at Rotterdam District Court; court grants it, plus alcohol interlock program.

Example 3: Pieter crashes on the Van Brienenoord Bridge at 650 μg/l. Criminal case: 4 months' conditional prison, 2 years ORR, and €5,000 fine. Recidivism would lead to 3 years ORR.

Rights and Obligations upon Suspicion in Rotterdam

Rights:

  1. Right to silence and lawyer during questioning (art. 37 CCP).
  2. Objection to seizure with prosecutor within 7 days.
  3. Hearing at CJIB or police court; appeal to Rotterdam District Court.
  4. Medical re-examination for licence after ORR.

Obligations:

  • Drive only with valid licence.
  • Cooperate with breath or blood test during checks (refusal punishable, art. 8(3) WVW).
  • Pay fine promptly to avoid issues with Municipality of Rotterdam.

Refusing a test has the same consequences as testing positive.

Frequently Asked Questions

Can I get my driving licence back during seizure?

No, do not drive during the period (often 5-12 months). Apply for provisional licence at Rotterdam District Court, but success is rare with high readings.

What about medicines?

Medicines with driving pictogram are prohibited. Show prescription to officers; possible exemption, but positive test? Sanctions apply. Check with pharmacy or Juridisch Loket Rotterdam.

How long does ORR last?

3 months to lifetime for severe recidivism. After ORR, 2-year probation; new violation reactivates penalty.

Is alcohol interlock mandatory?

Often yes for >380 μg/l, for 2 years. Costs €1,500-€2,000 self-paid.

Tips and Recommendations for Rotterdam Residents

  • Prevent it: Stay under limits with apps like 'Promillage' or arrange a designated driver for nights out in the city.
  • During a check: Stay calm, cooperate, note officer details, and request a lawyer.
  • Objection: Within 14 days in writing to CJIB. Contact Juridisch Loket Rotterdam for free help or a criminal lawyer.
  • Restore licence: Complete EMT or alcohol interlock and take CBR test.
  • Avoid recidivism: Follow Municipality of Rotterdam campaigns on road safety in the port and on highways.