Certificate of Conduct (VOG)),
In particular, the withdrawal or suspension of your driving licence is a common and impactful consequence. This can be ordered immediately by the police or imposed by a court following your conviction. The duration of the driving ban depends on the details of the offence and ranges from a few months to several years.
It is important to understand that these consequences can affect your employment, especially if your job involves driving, as well as your ability to perform daily activities. Therefore, it is essential that your lawyer looks not only at the sentence, but at the overall picture. At Arslan Advocaten, we approach every criminal case integrally: criminal law, administrative law and civil law come together.
How driving licence suspension works in the Netherlands
When you are caught driving under the influence, the police have the authority to immediately suspend your driving licence on the spot. This is known as the ‘immediate driving ban’ (inrijverbod). The duration of this ban is usually 24 hours but can be extended depending on the circumstances.
After the initial police-imposed suspension, a court may impose a longer driving ban based on the facts of the case. The length of the court-ordered suspension varies:
- For a first offence with a BAC just over the legal limit, the ban may be several months.
- For repeat offenders or cases with extremely high BAC levels, the suspension period can extend to years.
- If the offence involved an accident or injury, the ban will likely be longer, and additional penalties may apply.
During the suspension period, you are prohibited from driving any motor vehicle. Driving while your licence is suspended can result in further criminal charges and heavier penalties.
Once the suspension period ends, you may be required to retake the driving test or undergo a medical examination to ensure you are fit to drive again, especially if alcohol abuse was involved. This is part of the Dutch policy to improve road safety and reduce repeat offences.
Alcohol and drug testing procedures
When stopped on suspicion of driving under the influence, the police will conduct one or more tests to measure your blood alcohol content or detect the presence of drugs. The most common tests are:
- Breathalyser test: This is often administered roadside to quickly assess your BAC. If the result is above the legal limit, further testing is usually required.
- Blood test: If the breathalyser indicates intoxication, you may be required to undergo a blood test at a police station or hospital. This provides a more accurate measurement and is key evidence in court.
- Drug screening: If drug use is suspected, a saliva test or blood test may be conducted to detect substances such as cannabis, cocaine, or amphetamines.
It is important to know that you have the right to legal assistance during these procedures, and refusal to undergo testing may lead to criminal penalties or administrative sanctions, including licence suspension.
At Arslan Advocaten, we carefully examine whether these tests were conducted properly and lawfully. Improper procedures or technical errors could lead to exclusion of evidence, which can be crucial in defending your case.
Defence possibilities
Every criminal case offers possibilities for defence. Your lawyer examines, among other things:
Is the evidence lawfully obtained? Illegally obtained evidence can be excluded.
Is there sufficient evidence for the charged offence? The burden of proof lies with the Public Prosecution Service.
Are there justifications? Think of self-defence, force majeure or acting under orders.
Are there grounds excluding culpability? Think of psychological compulsion, insanity or absence of intent.
Is the prosecution lawful? Have deadlines been observed? Is the right to a fair trial guaranteed?
A good criminal lawyer leaves no stone unturned. At Arslan Advocaten, we are known for our tenacity — we continue where others stop.
Long-term impact of a DUI conviction
A conviction for driving under the influence can have consequences that extend far beyond the immediate penalties. Some of these long-term effects include:
- Employment difficulties: Many employers require a clean driving record, especially for jobs involving transport or client visits. A DUI conviction can limit your career prospects.
- Insurance implications: Your car insurance premiums are likely to increase significantly following a DUI conviction, reflecting the higher risk you pose as a driver.
- Travel restrictions: Some countries consider DUI convictions when granting visas or residency permits, potentially complicating international travel.
- Social stigma: A criminal record can affect your reputation and relationships, making reintegration into society more challenging.
Understanding these potential impacts emphasizes the importance of working with an experienced defence lawyer who strives to minimise the consequences you face.
How Arslan Advocaten can assist you
Facing charges for driving under the influence can be a stressful and overwhelming experience. Our team at Arslan Advocaten offers comprehensive legal assistance from the moment you are stopped by the police until your case is fully resolved.
We provide:
- Expert advice about your rights and obligations during police procedures
- Thorough examination of evidence and procedural correctness
- Strategic defence planning aimed at acquittal or reduction of penalties
- Assistance with administrative and civil consequences, including licence reinstatement procedures
- Support throughout appeal processes if necessary
Our multilingual lawyers speak Dutch, Turkish, Polish and English, ensuring clear communication and understanding regardless of your background.
Frequently Asked Questions
Does hiring a criminal lawyer cost me money?
Usually not. Most suspects qualify for subsidised legal aid (toevoeging). You then only pay a personal contribution depending on your income — for the lowest incomes as little as €188.
Can I choose my own lawyer?
Yes, you always have the right to free choice of lawyer. You can inform the police of your own lawyer (preference notification) and you can change lawyers at any time.
Does Arslan Advocaten speak my language?
Our lawyers speak Dutch, Turkish, Polish and English. We can assist you in your own language, which is crucial in criminal law.