What can I do if I disagree with the result of a breath analysis or blood test after driving under the influence of drugs and/or alcohol?
If you were pulled over and the police suspect you of being under the influence of alcohol, drugs or medication, then you must submit to a breath test and breath analysis if the police suspect alcohol is involved. If they suspect drug use, you must submit to a saliva test and/or an examination of your external characteristics and a blood test. If you disagree with the result of the breath test for alcohol or blood test for drugs and/or medication, then you can have a counter-test done. You will have to arrange and pay for the counter-test yourself.
Right to a counter-test
If a breath analysis shows that you consumed too much alcohol, or a blood test shows that you used too much drugs and/or too much medication, then you have the right to have a counter-test conducted.
For alcohol, the police will tell you this immediately after the result of the breath analysis. If you want to have a counter-test done, you must say this straight away.
If drugs and/or medication are involved, the police will inform you that you have the right to have a counter-test done when a blood sample is taken. The letter from the police with the result of the test for drugs and/or medication will state the website where you can find information about the right to a counter-test.
If the police issue a driving ban, this document will also state the website where you can find information about the right to a counter-test.
Blood sample for counter-testing
Counter-tests always require a blood sample.
- If testing is being done for drugs and/or medication or the combination with alcohol, the laboratory will use the blood sample taken from you by a doctor or nurse.
- If only alcohol is involved, a blood sample will be taken from you as quickly as possible after the breath analysis.
You can decide yourself which laboratory will conduct the counter-test for drugs and/or alcohol. The laboratory must be accredited and have expertise in performing bioanalyses as described in the Alcohol, Drugs and Medicines (Road Traffic) Decree (Besluit alcohol, drugs en geneesmiddelen in het verkeer).
The following are examples of laboratories that are accredited, have expertise in performing bioanalyses as described in the Decree and work according to a validated method, and meet the requirements:
Labor Mönchengladbach Dr. Stein & Kollegen in Mönchengladbach (Germany), Eurofins Forensic Belgium in Bruges (Belgium) and the Maasstad Hospital in Rotterdam.
You will need to contact the laboratory of your choice yourself to ask if they are able and willing to conduct a counter-test and what the costs are.
- Labor Mönchengladbach Dr. Stein & Kollegen, Mönchengladbach (Germany): email@example.com; +31 (0)43 362 2225.
- Eurofins Forensic Belgium, Bruges (Belgium): firstname.lastname@example.org.
- Maasstad Hospital, Rotterdam: email@example.com.
Costs of a counter-test
You have to pay for the counter-test yourself. The laboratory will only conduct the counter-test once it has received the required payment from you. You must pay the following costs straight away at the police station:
- Cost of a blood sample taken to test for alcohol. You pay this amount straight away to the doctor or nurse before they take the blood sample. You do not have to pay for a blood sample taken to test for drugs and/or medication.
- Cost of sending the tube of blood to the laboratory you choose to do the counter-test.
- Cost of the blood analysis at the laboratory.
You can find the current prices for sending the tube of blood to the laboratory in the Alcohol, Drugs and Medicines (Road Traffic) Regulations (Regeling alcohol, drugs en geneesmiddelen in het verkeer).
If you want to have a counter-test done after receiving the letter from the police with the result of your blood test for the presence of drugs and/or medication, you will personally have to choose a laboratory and contact them to ask if they are able and willing to do a counter-test and what the costs are. You will then have to pay the laboratory of your choice no more than four weeks after receiving your blood test result from the police. When requesting a counter-test, you must provide the following information: your name, sex, date of birth, citizen service number (BSN) and trace identification number (SIN). If drugs are involved, the laboratory will arrange with the laboratory that did the earlier blood test to have the blood sample sent to them. They will do this as soon as they have received your payment within the stipulated 4-week period. You will have to personally bring the result of the counter-test to the court hearing.
Refund of counter-testing costs
If the counter-test shows that you had an alcohol, drug and/or medication concentration under the legal limit, the court can determine that you will be refunded the costs of the counter-test. You cannot have these costs refunded if the laboratory that conducted the counter-test does not meet the requirements. You can claim a refund of the costs of the counter-test from the public prosecutor handling your case.
(Français) Que faire si je ne suis pas d’accord avec le résultat d’un alcootest ou d’une analyse de sang après avoir conduit sous l’effet de drogues et/ou d’alcool?
(Deutsch) Was kann ich tun, wenn ich mit dem Ergebnis einer Atemanalyse oder Blutuntersuchung nach Fahren unter Drogen- und/oder Alkoholeinfluss nicht einverstanden bin?
(Polski) Co mogę zrobić, jeśli nie zgadzam się z wynikiem badania alkomatem lub badania krwi wykonanego po jeździe pod wpływem narkotyków i/lub alkoholu?
(Español) ¿Qué puedo hacer si no estoy de acuerdo con el resultado de una prueba de alcoholemia o de un análisis de sangre después de conducir bajo los efectos de las drogas y/o del alcohol?