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Penalties for Driving Under the Influence in Delft

Discover penalties for driving under the influence in Delft: fines, driving bans and more. Local tips via Juridisch Loket Delft and District Court of The Hague. (128 characters)

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Penalties for Driving Under the Influence in Delft

Penalties for driving under the influence are strictly enforced for Delft drivers who hit the road with excess alcohol or drugs. These sanctions—from fines to driving bans and criminal measures—safeguard road safety in the vibrant city of Delft. They intensify for repeat offenses or serious cases. In the Netherlands, including Delft, administrative and criminal proceedings are distinguished, with local handling through authorities like the District Court of The Hague.

Legal Basis

The rules on driving under the influence are set out in the Road Traffic Act 1994 (RTA 1994), specifically Article 8. This prohibits operating a motor vehicle under the influence of alcohol, drugs, or medicines that impair driving performance. Limits for Delft drivers:

  • Alcohol: Above 220 μg/l breath for experienced drivers; 100 μg/l for novices (less than 5 years' license) and those under 21.
  • Drugs: Any trace of cocaine, MDMA, THC, or benzodiazepines (zero tolerance).

Exceeding limits results in seizure of the driving license (Article 130 RTA). Criminal cases fall under Article 9 RTA (crime for excesses) or Article 10 RTA (offense). The Public Prosecution Service decides via the Board of Procurators General. In Delft, recidivism escalates per the prosecution policy, with heightened focus on busy routes like Phoenixstraat.

Types of Penalties and Sanctions

Sanctions range from fines to prison terms. Overview in table for typical Delft cases:

Situation Alcohol Limit (μg/l breath) Drugs Typical Penalties
Minor offense (first time) 221-380 Low/traces Fine €335-€670 (CJIB), license seized (5-7 days), educational measure (EMT).
Serious offense 381-570 Positive Fine €700-€1,500, driving disqualification (DRD) 3-12 months, license seized.
Crime (high influence) >570 High/active use Up to 2 years prison, DRD 1-5 years, high fine (€10,000+), recidivism: lifetime ban possible.
Recidivism (within 5 years) All All Harsher DRD (doubled), fine doubled, mandatory course.

In Delft accidents causing injury or death, the Mulder Act often does not apply, leading to harsher penalties under the Criminal Code (arts. 6-9), handled by the District Court of The Hague.

Real-Life Examples from Delft

Example 1: Jan from Delft blows 250 μg/l after drinks on the Markt. Police issue a report, seize license for 7 days. CJIB imposes €400 fine plus EMT (€435). Total: around €850 and 10-hour course.

Example 2: Marie, a Delft student, tests positive for THC after a night out at the Peperklip. Immediate seizure (6 months). Prosecution demands 6 months DRD and €800 fine at District Court of The Hague; plus alcohol interlock program.

Example 3: Pieter causes a crash on Rotterdamseweg at 650 μg/l. Criminal case: 4 months suspended prison, 2 years DRD, and €5,000 fine. Recidivism would mean 3 years DRD.

Rights and Obligations upon Suspicion in Delft

Rights:

  1. Right to silence and lawyer (art. 37 CCP); contact Juridisch Loket Delft for free advice.
  2. Objection to seizure with prosecutor within 7 days.
  3. Hearing at CJIB or police court at District Court of The Hague; appeal possible.
  4. Medical re-examination after DRD at CBR.

Obligations:

  • Drive only with valid license.
  • Cooperate with tests (refusal punishable, art. 8(3) RTA).
  • Pay fine promptly to avoid issues with Delft Municipality.

Refusing a test incurs the same sanctions as a positive result.

Frequently Asked Questions

Can I get my license back during seizure?

No, not during 5-12 months. Apply for provisional license at District Court of The Hague, but limited success for high levels. Call Juridisch Loket Delft.

Took medication?

Prohibited if pictogram present. Show prescription; sometimes exemption, but positive test? Sanctions apply. Check with Delft pharmacy.

How long is DRD?

3 months to lifetime for recidivism. 2-year probation afterward.

Alcohol interlock mandatory?

Often yes above 380 μg/l, for 2 years, €1,500-€2,000 cost.

Tips for Delft Drivers

  • Prevent it: Stay under limits; use 'Promillage' app or arrange a designated driver (BOB), especially after nights out in Delft.
  • Pulled over: Stay calm, cooperate, note officer details, get lawyer via Juridisch Loket Delft.
  • Objection: File written objection with CJIB within 14 days; hire criminal lawyer.
  • License recovery: Complete courses (EMT/alcohol interlock) and CBR test.
  • Avoid recidivism: Follow local road safety campaigns by Delft Municipality.