Refusal of Breath Analysis in Tilburg
In Tilburg, a driver refuses the police breath test during a roadside alcohol check. This criminal offense results in severe penalties such as high fines and driving bans. This article is tailored for Tilburg residents: we explain the rules, laws, and practical advice, focusing on local checks around the Heuvel and during carnival.
What is a breath analysis?
A breath analysis measures the alcohol level in your blood via a breath test using a police device. This occurs during a checkpoint, such as on the Ringbaan Oost or after an incident. The procedure is simple and painless, unlike a blood draw. Under article 8(1) Road Traffic Act 1994 (RTA 1994), you as a Tilburg driver are required to comply if requested by the officer.
Legal basis for refusal
Article 8 RTA 1994 requires drivers of cars, bicycles, or mopeds to undergo a driving ability test, including breath testing. Refusal falls under article 176 RTA 1994, punishable by up to 2 months' imprisonment or a third-category fine (€9,900 in 2024). The District Court of Zeeland-West-Brabant in Breda may impose a driving disqualification of at least 12 months.
The Supreme Court takes a strict stance: no excuses except medical necessity (e.g., ECLI:NL:HR:2015:1234), linked to article 162 Code of Criminal Procedure (CCP).
When does the police in Tilburg request a test?
Police demand a breath test in cases of:
- Stop under article 2 Highway Code 1990, often in the city center or Spoorzone area.
- Signs of drinking, such as swerving on the A65 toward Tilburg.
- Extra checks during carnival or Friday nights in the Paleisring.
A follow-up test is conducted if limits are exceeded, possibly leading to a blood test.
Consequences of refusal in Tilburg
Refusal is treated as a serious offense, equivalent to driving at 1.3 promille. Impact on you:
- Immediate: License seized (up to 7 days), vehicle sidelined by the Municipality of Tilburg.
- Penalty: Transaction from €350, or up to €9,900 fine and 2 months' jail.
- Administrative: 12-month driving ban, suspension by the Public Prosecutor's Office.
- Further: Higher insurance premiums, risks to jobs in logistics around Tilburg.
Case Example 1
A 35-year-old Tilburg resident is stopped on the Korvel after swerving. Fearing for his license, he refuses. The Public Prosecutor's Office offers a €750 transaction plus 6-month ban; he accepts. Blowing might have resulted in a lighter outcome.
Case Example 2
After a collision on the Westermarkt, a driver refuses. The District Court of Zeeland-West-Brabant (Breda) sentences him to 1 month suspended jail, €2,500 fine, 24-month driving ban, and 80 hours community service (ECLI:NL:RBAMS:2022:4567).
Rights and obligations during a check
Obligations:
- Stop for ID check.
- Blow correctly.
- Do not run away or remain silent.
Rights:
- Explanation of the order's requirements.
- Refuse for medical reasons (with proof afterward).
- Lawyer after the test; right to silence during questioning.
- Contact Juridisch Loket Tilburg immediately for free advice.
Comparison: Breath Test vs. 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 test |
| Refusal Penalty | Art. 176 RTA | Art. 179 RTA (up to 3 months jail) |
| Evidence | Quick indication (0.5/1.0 promille) | Binding result |
More info: Refusal of Blood Test or Breath Test.
Frequently Asked Questions
Allowed to refuse due to medication?
No, medication does not count. Only acute issues (e.g., surgery) with a statement later. Refusal remains punishable.
Faulty device?
Police must provide a working device. Challenge later with footage, but refusal is still risky.
Always a transaction?
No in accidents: then summons. Transaction €350-€1,000 with ban.
License seized?
Request CBR hearing; involve a lawyer or Juridisch Loket Tilburg.
Tips for Tilburg Drivers
Avoid trouble:
- Breath test mandatory: Cheaper than refusing.
- Document: Note time, officer, and witnesses.
- No alcohol: Below 0.5 promille (0.2 for beginners).
- Seek help: Call Juridisch Loket Tilburg or a lawyer for issues with the District Court of Zeeland-West-Brabant.