Drink-Driving in the Netherlands: Limits, Penalties and Bans

Drinking and driving (alcohol in het verkeer) is treated in the Netherlands as a crime, not as an ordinary traffic fine. The rule is set out in artikel 8 of the Wegenverkeerswet 1994 (WVW 1994), and a breach is a misdrijf, a criminal offence prosecuted by the Openbaar Ministerie (OM).

That places it on a different footing from a speed-camera or red-light fine. Dutch traffic enforcement runs on two separate tracks: most ordinary offences are administrative sanctions under the Wet Mulder (WAHV), collected by the CJIB with no criminal record, while serious conduct is prosecuted criminally under the Wegenverkeerswet 1994. Driving over the alcohol limit belongs entirely to the second, criminal track.

This page sets out the alcohol limits, the criminal penalties that follow a conviction, and the three different ways a licence can be taken after a drink-driving stop, which are often confused with one another.

Information last verified on 22 July 2026. This page provides general legal information about Netherlands law and does not constitute legal advice in an individual case.

The alcohol limits: a general limit and a lower novice limit

Artikel 8 lid 2 WVW 1994 sets the general limit. It is forbidden to drive after drinking such that breath alcohol is higher than 220 microgram of alcohol per litre of exhaled air, or blood alcohol is higher than 0,5 milligram of alcohol per millilitre of blood. That blood figure is what is commonly called 0,5 promille.

A much lower limit applies to a novice driver (beginnersbestuurder). Under artikel 8 lid 3 the limit for a novice is 88 microgram of alcohol per litre of breath, or 0,2 milligram per millilitre of blood, that is 0,2 promille. A driver counts as a novice while fewer than five years have passed since the first licence was issued, if they were 18 or older at issue, or fewer than seven years if they were under 18 when the licence was granted.

The practical effect is that a novice driver reaches the criminal limit after far less alcohol than an experienced one. The limit is fixed by the reading, not by whether the driver felt impaired, and a breath test at or above the threshold is enough for the offence.

Drink-driving is a crime, not a Wet Mulder fine

A breach of artikel 8 is always a misdrijf. Because it is punished under artikel 176 lid 2, artikel 178 lid 1 classifies it as a misdrijf rather than an overtreding, and it can never be dealt with as a Wet Mulder gedraging, so it does not go through the CJIB fine system that handles ordinary traffic offences. It is prosecuted by the OM, either by a punishment order (strafbeschikking) or before the criminal court.

The penalty ceiling is set in artikel 176 lid 2: up to one year of imprisonment (gevangenisstraf), or a fine of the fourth category (geldboete van de vierde categorie). The statute fixes the maximum category, not the amount charged for a particular case. The precise fine that follows a given breath reading is set out in the Openbaar Ministerie's tariff guidelines, and it rises as the reading rises, so this page does not state a single euro figure for a specific reading.

Because it is a criminal conviction rather than an administrative fine, a drink-driving case can leave a criminal record and can affect a later certificate of good conduct (Verklaring Omtrent het Gedrag). That is a real difference from a red-light or speeding fine in the Wet Mulder range, which carries neither.

A separate driving ban: the rijontzegging (artikel 179)

On top of a fine or prison sentence, the court can impose a driving ban. A driving ban (rijontzegging) is a criminal penalty imposed by the court under the Wegenverkeerswet 1994, and it is a different thing from the administrative seizure or invalidation of a licence handled by the driver-fitness authority (CBR).

Artikel 179 lid 1 lists artikel 8 among the offences that can carry a ban of up to five years, and artikel 179 lid 4 raises the ceiling to ten years on recidive, where fewer than five years have passed since an earlier irrevocable ban for such an offence. The ban is an additional penalty (bijkomende straf) ordered on conviction, not something the police or the CBR impose. How the rijontzegging works in full, including driving during a ban, is set out on the Netherlands driving ban page.

Three ways a licence can be taken, and why they differ

After a drink-driving stop a driver can lose the use of a licence through three different routes. They rest on different articles, they are imposed by different bodies, and more than one can apply to the same night. Merging them is the most common mistake made about Dutch drink-driving law.

Roadside seizure by the police (invordering, artikel 164)

Artikel 164 lets the police take the licence on the spot when they draw up an official police report. Artikel 164 lid 2 makes this mandatory after a high reading: for a general driver when breath alcohol is above 570 microgram per litre (or blood above 1,3 milligram per millilitre), for a novice driver above 350 microgram per litre of breath, and when a driver refuses the breath or blood test.

The seized licence goes to the public prosecutor (officier van justitie). Under artikel 164 lid 6 it must be returned within ten days unless the prosecutor invokes the power to hold it, and in any event it is returned if the case has not started or no strafbeschikking has issued within six months. This is a holding measure, not the final penalty, and any time it lasts is later deducted from a rijontzegging under artikel 179 lid 6.

The CBR driver-fitness track (artikel 130 to 132)

The second route is administrative and has nothing to do with punishment. Where the police suspect that a driver lacks the skill (rijvaardigheid) or the physical or mental fitness (geschiktheid) to drive, for example after a high alcohol reading, they send a notification (a mededeling) to the CBR under artikel 130.

The CBR then decides, under artikel 131, to impose either an educational measure (educatieve maatregel), which includes the Educatieve Maatregel Alcohol (EMA), or an investigation into fitness (onderzoek), and it may suspend (schorsen) the licence in the meantime. If the driver does not cooperate or does not pay the costs, artikel 132 lets the CBR declare the licence invalid (ongeldig). This is a measure about fitness to drive, so it should never be called a rijontzegging, and a drink-driver can face both a court-imposed ban and a CBR measure for the same incident. The exact alcohol readings that trigger an EMA rather than an investigation are fixed in a separate ministerial regulation and are outside the scope of this page.