Refusal of Breath Analysis in Delft
In Delft, drivers often refuse the breath test during police checks in the bustling city center or around TU Delft. This criminal offense results in substantial fines and driving bans. For residents of Delft, we explain the rules, with references to the District Court of The Hague and tips from the Legal Aid Office Delft.
What is a breath analysis?
A breath analysis measures the alcohol level in your blood via a breath test. This occurs during traffic stops, such as alcohol checks on the Markt or after incidents on the Rotterdamseweg. The test is simple and painless, unlike a blood draw. Article 8(1) Road Traffic Act 1994 (RTA 1994) requires drivers in Delft to comply with police orders.
Legal basis for refusal
Article 8 RTA 1994 mandates cooperation with driving ability tests, including breath analysis, for cars, bicycles, and mopeds. Refusal violates Article 176 RTA 1994, punishable by up to 2 months imprisonment or a €9,900 fine (2024). The District Court of The Hague may impose a driving disqualification of at least 12 months. The Supreme Court rules strictly (e.g., ECLI:NL:HR:2015:1234), except in cases of proven medical necessity, linked to Article 162 Code of Criminal Procedure.
When does police in Delft request a test?
Police require this in cases of:
- Traffic stop under Article 2 Road Traffic Regulations 1990, often in the city center.
- Suspicion of drinking, such as wobbly cycling after a night out.
- Additional checks during Delft festivals or student events.
A clear order is given; if positive, a second test follows, possibly a blood test.
Consequences of refusal in Delft
Refusal is treated as a serious offense, equivalent to high blood alcohol levels. Impact for Delft residents:
- Immediate: License seized (up to 7 days), vehicle towed by the Municipality of Delft.
- Criminal: Transaction from €350; in court up to €9,900 and imprisonment.
- Administrative: 12+ months driving ban via Public Prosecutor's Office.
- Other: Higher insurance premiums, job risks at local transport companies.
Example 1 from Delft
A 35-year-old driver swerves along Koepoortstraat. Fearing for his license, he refuses. Prosecutor's Office offers €750 transaction plus 6-month ban; he accepts. Blowing would have been milder.
Example 2 from Delft region
After a crash on the A13, a driver refuses. District Court of The Hague sentences to 1 month conditional imprisonment, €2,500 fine, 24-month ban, and 80 hours community service (ECLI:NL:RBAMS:2022:4567).
Rights and obligations during a check
Obligations:
- Stop for ID check.
- Blow properly.
- Do not walk away or remain silent.
Rights:
- Explanation of the order requirements.
- Refuse if medical issue (proof afterwards).
- Lawyer after test; right to remain silent during questioning.
- Free advice from Legal Aid Office Delft.
Comparison: breath test versus blood test
| Aspect | Breath Analysis | Blood Test |
|---|---|---|
| Legal Basis | Art. 8(1) RTA | Art. 8(2) RTA & art. 162 CCP |
| Timing | Immediately on site | Hospital after positive breath result |
| Refusal Penalty | Art. 176 RTA | Art. 179 RTA (up to 3 months imprisonment) |
| Evidence | Quick check (0.5/1.0 promille) | Binding evidence |
More info: Refusal of Blood Test or Breath Test.
Frequently Asked Questions for Delft
Allowed to refuse due to medication?
No. Only acute issues (e.g., surgery) with later proof. Refusal remains punishable by District Court of The Hague.
Defective device in Delft?
Police must have working equipment. Challenge later with footage, but refusal remains risky.
Always a transaction?
No in accidents; then summons. Transaction €350-€1,000 with ban.
License seized? Next steps
Request hearing from CBR, call Legal Aid Office Delft for lawyer.
Tips for Delft Residents
Avoid trouble:
- Blowing is mandatory: Cheaper than refusing.
- Note down: Time, officer code, witnesses in Delft.
- No alcohol behind the wheel: Under 0.5 promille (0.2 for beginners).
- Seek help: Legal Aid Office Delft or lawyer for defense.