Penalties for Driving Under the Influence in Tilburg
Penalties for driving under the influence in Tilburg include fines, driving disqualifications, and criminal measures for motorists who hit the road with excess alcohol or drugs. These sanctions safeguard road safety in the region and are harsher for repeat offenses or serious cases. In Tilburg and surrounding areas, police act swiftly during checks on busy roads like the Ringbaan or A58, handling cases through administrative or criminal procedures.
Legal Basis
Regulations on driving under the influence in Tilburg are set out in the Road Traffic Act 1994 (RTA 1994), specifically Article 8. This prohibits driving a motor vehicle under the influence of alcohol, drugs, or medicines that impair driving ability. The limits are:
- Alcohol: Above 220 μg/l breath for experienced drivers; 100 μg/l for beginners (less than 5 years' license) and drivers under 21.
- Drugs: Traces of cocaine, MDMA, THC, or benzodiazepines suffice (zero tolerance).
Exceedance results in seizure of the driving license (Article 130 RTA). Criminal cases fall under Article 9 RTA (offense) or Article 10 RTA (violation). The Public Prosecution Service decides based on guidelines from the National College of Procurators-General. Repeat offenses in Tilburg trigger heavier sanctions. Cases are heard at the District Court of Zeeland-West-Brabant in Breda.
Types of Penalties and Sanctions
Sanctions in Tilburg range from fines to imprisonment. Overview in table for typical scenarios:
| Scenario | Alcohol Limit (μg/l breath) | Drugs | Typical Penalties |
|---|---|---|---|
| Minor violation (first time) | 221-380 | Traces | Fine €335-€670 (CJIB), driving license seized (5-7 days), educational measure (EMT). |
| Serious violation | 381-570 | Detectable | Fine €700-€1,500, driving disqualification (DRD) 3-12 months, driving license seized. |
| Criminal offense (very high level) | >570 | High/active | Max. 2 years imprisonment, DRD 1-5 years, fine €10,000+, lifetime ban possible on repeat. |
| Repeat (within 5 years) | All | All | Double DRD and fine, mandatory training. |
In accidents with victims in Tilburg, no Mulder Act applies, with additional penalties from the Criminal Code (arts. 6-9).
Real-Life Examples from Tilburg
Example 1: Jan from Het Zand neighborhood blows 250 μg/l after a night in the Spoorzone. Police stop him on Korvelaan, issue a report, and seize his license for 7 days. CJIB: €400 fine + EMT (€435). Total around €850 plus 10 hours training.
Example 2: Marie from Tilburg-Zuid tests positive for THC after cannabis. License seized for 6-month investigation. Prosecution demands 6 months DRD and €800 fine at Breda District Court; alcohol interlock required.
Example 3: Pieter crashes on the A65 with 650 μg/l. Criminal case: 4 months suspended sentence, 2 years DRD, €5,000 fine. Repeat would mean 3 years DRD.
Rights and Obligations During Checks in Tilburg
Rights:
- Right to silence and lawyer (art. 37 CCP).
- Objection to seizure with public prosecutor within 7 days.
- Hearing at CJIB or subdistrict court; appeal to District Court of Zeeland-West-Brabant (Breda).
- Reassessment at CBR after DRD.
Obligations:
- Drive only with valid license.
- Cooperate with test (refusal punishable, art. 8(3) RTA).
- Pay fine to avoid issues with Municipality of Tilburg.
Contact Legal Aid Office Tilburg for free advice. Refusing test equals positive result.
Frequently Asked Questions
Can I get my license back during seizure?
No, not during 5-12 months. Apply for interim license at court, but difficult with high levels.
Took medication?
Prohibited if pictogram present. Show prescription; possible exemption, but positive test? Sanctions. Check with Tilburg pharmacy.
How long is DRD?
3 months to lifetime. 2-year probation: new violation restarts penalty.
Alcohol interlock mandatory?
Often yes at >380 μg/l, 2 years, €1,500-€2,000 at own expense.
Tips for Tilburg Drivers
- Prevent: Stay under limits; use 'Promillage' app or designate a sober driver (BOB) for nights out.
- Stopped: Stay calm, cooperate, note officers, get lawyer via Legal Aid Office Tilburg.
- Objection: File in writing with CJIB within 14 days. Hire criminal lawyer.
- License restoration: Courses (EMT/alcohol interlock) and CBR test.
- Avoid repeats: Follow local road safety campaigns by Municipality of Tilburg.