Refusal of Breath Analysis in Amsterdam
In Amsterdam, drivers often refuse breath tests during police alcohol checks, for example around Leidseplein or after a drive on the A10. This criminal offense results in hefty fines, driving bans, and added risks in a vibrant city like Amsterdam. Below you'll find explanations of the rules, local examples, and expert tips.
What is a breath analysis?
A breath analysis measures alcohol levels using a breath test with a police device, often during traffic stops in Amsterdam nightlife areas or after reports of swerving traffic on the canals. It is mandatory under Article 8(1) Road Traffic Act 1994 (RTA 1994), faster than a blood test and needle-free.
Legal basis for refusal
Article 8 RTA 1994 requires drivers of cars, bicycles, or mopeds in Amsterdam to cooperate with driving ability tests such as breath analysis. Refusal is covered by Article 176 RTA 1994, with penalties up to 2 months' imprisonment or a €9,900 fine (2024). The Amsterdam District Court may impose a driving disqualification, typically 12 months or more. The Supreme Court has ruled that excuses are rare, except in cases of medical necessity (e.g., ECLI:NL:HR:2015:1234), linked to Article 162 Code of Criminal Procedure.
When does the Amsterdam police request a breath test?
Amsterdam police require this in cases of:
- Traffic stops under Article 2 RVV 1990, such as at festivals like ADE or King's Day.
- Suspicion of drinking, due to erratic driving on Wibautstraat or reports.
- Routine checks in the city center or on exit routes.
A clear order follows; if positive, a second test is conducted, possibly followed by a blood test.
Consequences of refusal in Amsterdam
Refusal is treated as driving with a high BAC. Immediate effects:
- Immediate: License seized (up to 7 days), vehicle impounded by the Municipality of Amsterdam.
- Criminal: Transaction from €350, or up to €9,900 and 2 months' imprisonment by Amsterdam District Court.
- Administrative: 12-month driving ban via Public Prosecutor's Office, suspension.
- Long-term: Higher insurance premiums, risks for taxi drivers in the city.
Case example 1
A 35-year-old driver from Amsterdam East is stopped after swerving on the A10 ring road. Out of fear, he refuses to blow. The Public Prosecutor's Office offers a €750 transaction plus 6-month ban; he accepts. Blowing might have led to milder consequences.
Case example 2
After a collision on Haarlemmerdijk, a motorist refuses. Amsterdam District Court sentences to 1 month suspended imprisonment, €2,500 fine, 24-month ban, and 80 hours community service (ECLI:NL:RBAMS:2022:4567).
Rights and obligations during checks in Amsterdam
Obligations:
- Stop for ID check.
- Blow correctly.
- No walking away or silence during the test.
Rights:
- Explanation of requirements regarding the order.
- Refuse if medical issue (prove later).
- Lawyer after test, via Amsterdam Legal Aid Desk.
- Right to remain silent during questioning.
Comparison: breath analysis vs. blood test
| Aspect | Breath analysis | Blood test |
|---|---|---|
| Legal basis | Art. 8(1) RTA | Art. 8(2) RTA & art. 162 CCP |
| Timing | Immediate on-site | Hospital after breath test |
| Refusal penalty | Art. 176 RTA | Art. 179 RTA (up to 3 months' imprisonment) |
| Evidence | Preliminary test (0.5/1.0 promille) | Official evidence |
More info: Refusal of blood test or breath test Amsterdam.
Frequently asked questions
Can I refuse due to medication?
No, medication does not count. Only acute issues (e.g., surgery) with later proof at Amsterdam District Court. Refusal remains punishable.
Faulty device?
Police must have a working device. Challenge later with footage, but refusal remains risky.
Always a transaction?
No in accidents; then summons. Transaction €350-€1,000 with ban.
License seized?
Request CBR hearing; call Amsterdam Legal Aid Desk for free advice.
Tips for drivers in Amsterdam
Avoid trouble:
- Blowing is mandatory: Cheaper than refusal.
- Note down: Time, officer number, location like Damrak.
- No alcohol: Under 0.5 promille (0.2 for novices).
- Seek help: Contact Amsterdam Legal Aid Desk immediately for assistance.