Your driving licence and your freedom are at stake — do not let it slide
A traffic offence seems minor until it affects your driving licence, your job and your insurance. The breath analysis, the measurement and the procedure are more often challengeable than people think.
The whole of traffic criminal law, from fine to serious offence
Traffic offences vary widely. At the minor end are infractions dealt with by a fine or penalty order (strafbeschikking); at the serious end are offences such as drink-driving (art. 8 WVW), dangerous driving (art. 5 WVW) and causing an accident with injury or death through fault (art. 6 WVW).
What makes a case drastic is rarely the sentence alone. It is the driving ban, the CBR (Dutch driving-licence authority) measure and the entry in your judicial documentation — together these can affect your work, your income and your VOG. We defend you on all three tracks at once.
Every traffic offence in the Dutch Road Traffic Act at a glance
The Road Traffic Act 1994 (Wegenverkeerswet, WVW) contains a fixed series of penal provisions, ranging from summary offence to serious indictable offence. Each article has its own elements, its own sentencing range and its own defences. You will find them below; for each article we have written an extended explanation in English.
Article 5 WVW — dangerous driving. Behaviour that causes, or may cause, danger or obstruction on the road. A summary offence, and the safety net beneath almost every traffic case. Read more about article 5 WVW.
Article 5a WVW — seriously dangerous driving without consequences. Deliberately and seriously breaching the traffic rules with danger to the lives of others; since 2020 an indictable offence with a maximum of two years’ imprisonment. Read more about article 5a WVW.
Article 6 WVW — death or injury through fault. An accident with serious injury or a fatal outcome that is attributable to your fault. The degree of fault — from considerable carelessness to recklessness — determines the sentence. Read more about article 6 WVW.
Article 7 WVW — leaving the scene of an accident. Leaving the scene while you knew or should have suspected that there was damage or injury. Anyone who reports voluntarily within twelve hours avoids prosecution. Read more about article 7 WVW.
Article 8 WVW — driving under the influence. Alcohol, drugs or medication behind the wheel, with fixed limits and a strict scale of penalties. The test can be challenged. Read more about article 8 WVW.
Article 9 WVW — driving while disqualified. Driving while banned or while your licence is invalid, seized or suspended. Starting point: an unconditional prison sentence. Read more about article 9 WVW.
Article 10 WVW — street racing. The ban on races on the public road, in practice almost always combined with article 5a. Read more about article 10 WVW.
Article 11 WVW — joyriding. Using someone else’s motor vehicle without permission, without wanting to keep it. Lighter than theft, but still an indictable offence. Read more about article 11 WVW.
Dangerous driving (art. 5 WVW)
Article 5 WVW prohibits any behaviour on the road that causes danger or obstruction — or merely could cause it. No accident is required and the OM does not have to prove fault or intent. Running a red light, failing to give way, tailgating, dangerous overtaking or a collision with damage only: it all falls under it. Since 2020 it has carried up to six months’ detention, with a driving ban of up to two years.
Article 5 is also the safety net beneath the more serious traffic offences. In an accident with injury the OM charges article 6 as the principal charge and article 5 in the alternative; if the fault defence succeeds, article 5 often remains. Yet even that conviction is not a foregone conclusion: whether danger really existed in the concrete situation depends on location, time and traffic density. Read our extended explanation of article 5 WVW, or about the deliberate, seriously dangerous driving of article 5a WVW.
Driving under the influence of alcohol (art. 8 WVW)
For experienced drivers a limit of 0.5 per mille applies (220 µg/l breath alcohol); for novice drivers — holding a licence for less than five years — the limit is 0.2 per mille (88 µg/l). If that limit is exceeded, you are criminally liable; above a higher level your driving licence is also seized on the spot.
The driving licence is as a rule seized from 1.3 per mille (570 µg/l) for experienced drivers and from 0.8 per mille (350 µg/l) for novice drivers. For drink-driving the law provides for a maximum of one year in prison, a substantial fine and a driving ban of up to five years — up to ten years on reoffending.
Most first cases are dealt with by a penalty order (strafbeschikking) or an OM hearing. Only in the case of a high alcohol level or reoffending does a summons follow before the single-judge court (politierechter), which can impose a heavier sentence than the OM. All limits, penalties and defences are on our page on article 8 WVW.
Driving under the influence of drugs
Since the introduction of fixed threshold values, a saliva test followed by a blood test suffices for drugs in traffic. Separate threshold values apply to a single type of drug; combined use of multiple substances, or drugs plus alcohol, is subject to stricter, lower limits.
For a first, single offence the OM often settles for a fine. In cases of combined use a summons is usually issued and the starting point is a community service order with a driving ban. In addition, the CBR almost always imposes its own measure — all the more reason to obtain assistance immediately.
The measurement is not sacred
A breath analysis, blood test or speed measurement is evidence that must meet strict requirements: a calibrated and approved device, correct operation, a proper waiting period and careful recording. If these are departed from, the result may be unusable.
We request the complete case file — the official report, the calibration report and the measurement data — and test every link. A wrongly seized driving licence or an unreliable measurement not infrequently leads to return of the licence, a lower sentence or acquittal.
Refusal of the alcohol or blood test
Cooperating with the test is not a free choice: refusal is a separate criminal offence (art. 163 WVW) and is in principle punished as if a very high alcohol level was involved. Yet the requirements play a role here too — was the demand lawfully made and were you correctly cautioned?
If you are being held for interview over a refusal or a high alcohol level, call us before you make a statement. What you say in that first hour often determines the rest of the case.
Speeding offences
Minor speeding offences are dealt with under the Mulder Act (administrative traffic fines): an administrative fine, no criminal record. If you drive substantially too fast — as a rule 30 km/h or more over the limit — the case shifts to criminal law, with a penalty order (strafbeschikking) or a summons as a result.
For very high excesses (as a rule 50 km/h or more over the limit, or 30 km/h for moped riders) the driving licence is often seized on the spot. Here too: the measurement must be correct, and short time limits apply for challenging the seizure and the penalty order, on which we act immediately.
Getting your driving licence back, and the role of the CBR
After seizure the Public Prosecution Service decides within ten days on return or longer retention. If the licence remains retained, we file a complaint (klaagschrift) with the District Court as soon as possible and set out why you urgently need the licence — particularly for your work.
Separately from the criminal case, the CBR can impose an educational measure or an investigation into your fitness to drive, and suspend or invalidate your licence. That administrative-law track has its own time limits and its own objection options; we monitor both tracks together.
Probationary licence: stricter rules in the first five years
Anyone who obtains a Dutch driving licence for the first time drives on a probationary licence (beginnersrijbewijs) for the first five years — seven years if the licence was obtained before the age of eighteen. The card itself looks no different, but stricter rules apply during that period. The alcohol limit is 0.2‰ instead of 0.5‰, and the licence is seized from 0.8‰ instead of from 1.3‰.
A penalty-point system also applies. A novice driver receives a point for a serious traffic offence: causing danger or obstruction (art. 5 WVW), an accident causing serious injury or death (art. 6 WVW), tailgating above 80 km/h, or serious speeding — more than 30 km/h over the limit in built-up areas or more than 40 km/h on the motorway. A second point within the probationary period means you must hand in your licence and you are reported to the CBR, which orders a driving-ability test. If you fail it or do not cooperate, your licence is declared invalid and you have to take the driving exam again.
The difference from an experienced driver therefore lies not only in the criminal case, but above all in everything around it. If a novice driver commits a criminal offence such as drink-driving or causing an accident, a driving ban and a CBR measure follow sooner, and a single conviction after an earlier point can mean starting over completely: new lessons, a new exam and months without a licence. This is exactly where a defence pays off — every acquittal, lighter charge or dismissal prevents a penalty point.
Penalty order, OM hearing and objection
If you receive a penalty order (strafbeschikking), paying means acknowledging — with an entry in your documentation as a result. If you disagree, we lodge an objection within fourteen days and bring the case before the court after all.
At an OM hearing (public prosecutor’s hearing) there is often still room to negotiate over the sentence and the length of the driving ban. Good preparation and the right substantiation of your interests make the difference there.
Reoffending and article 6 WVW
Anyone convicted again for drink-driving within five years falls under stricter starting points; in certain cases the driving licence even becomes invalid by operation of law. If you drive anyway, you commit a new offence: driving while disqualified or with an invalid licence (art. 9 WVW). Early intervention can help prevent that outcome.
The heaviest is article 6 WVW: an accident causing serious injury or death through fault. The outcome depends on the degree of fault — from a moment of inattention to recklessness. That distinction is contested ground and determines whether it is a community service order or a prison sentence. We run that defence meticulously. If you left the scene after the accident (art. 7 WVW), that counts as an aggravating circumstance.
When to call us
- You have been arrested for driving under the influence of alcohol or drugs
- Your driving licence has been seized on the spot by the police
- You refused to cooperate with the breath or blood test
- You drove substantially too fast or were involved in an accident with injury
- You have received an OM penalty order, a summons for an OM hearing or a court summons
- The CBR has announced a measure or an investigation into your fitness to drive
- You drove off after a collision or have reported it since
- You were arrested while your licence was banned, seized or suspended
Frequently asked questions
My driving licence has been seized. Will I get it back?
On seizure the OM decides within ten days on return or longer retention. We immediately file a complaint or request for return and set out why you need the licence — speed is decisive here.
From how much alcohol am I criminally liable?
For experienced drivers the limit is 0.5 per mille (220 µg/l breath alcohol), for novice drivers 0.2 per mille (88 µg/l). The driving licence is as a rule seized from 1.3 per mille for experienced and 0.8 per mille for novice drivers.
Can I challenge the breath analysis or measurement?
Yes. The measurement must meet strict requirements: calibration and approval of the device, the waiting period and correct operation. Errors in these can lead to return of the licence, a lower sentence or acquittal.
I refused to blow. What now?
Refusal is a separate criminal offence and is in principle punished heavily. Nevertheless we test whether the demand was lawfully made and whether you were correctly cautioned. Put your case to us before you make any further statement.
When does a speeding offence become a criminal case?
Minor excesses are dealt with under the Mulder Act (administrative, no criminal record). From about 30 km/h too fast the case shifts to criminal law; at around 50 km/h or more too fast the driving licence is often seized.
What does the CBR do and is that separate from the criminal case?
Yes, it is a separate, administrative-law track. The CBR can impose an educational measure or an investigation into your fitness to drive and suspend or invalidate your licence. We monitor the criminal and CBR procedures together.
I have a probationary licence. What are the consequences of a traffic offence?
Stricter than for experienced drivers. You are already liable from 0.2‰ and serious traffic offences earn you a penalty point. Two points within the probationary period (five years, or seven if you obtained your licence before turning eighteen) means: handing in your licence, a CBR driving test and, if you fail, retaking the driving exam. Get legal assistance before a point becomes final.
I received a penalty order. Do I have to pay?
Paying means acknowledging, with an entry in your documentation. If you disagree, we lodge an objection within fourteen days and bring the case before the court after all.
What do I risk under article 6 WVW?
For an accident causing serious injury or death through fault, a prison sentence, community service order and a long driving ban may follow. The degree of fault — from careless to reckless — determines the outcome. We run that defence meticulously.
I need my driving licence for my work. Does that count?
Yes. Personal and work-related consequences count in sentencing and in a complaint. Well substantiated, this can make the difference between an unconditional driving ban and none.
Which article of the Dutch Road Traffic Act applies to me?
That is stated in the charge, the penalty order or the police report. The main ones are art. 5 (dangerous driving), 5a (seriously dangerous driving), 6 (accident through fault), 7 (leaving the scene), 8 (driving under the influence), 9 (driving while disqualified), 10 (races) and 11 (joyriding). We have an extended explanation of each; if in doubt, call us.
What is the difference between articles 5, 5a and 6 WVW?
Article 5 is a summary offence: causing danger or obstruction, without fault or intent being required. Article 5a is an indictable offence: deliberately and seriously breaching the traffic rules with danger to the lives of others. Article 6 is an indictable offence in which an accident with injury or death is attributable to your fault. The classification makes the difference between a fine and years in prison.