Arrested for driving under the influence? These are the subsequent steps
On December 19, 2025, NU.nl published a report stating that the police had caught more road users driving under the influence of alcohol or drugs. For instance, compared to 2024, there was a 13% increase in the number of people who came into contact with the police for driving under the influence of alcohol. These increases have far-reaching consequences. For example, many more people have become involved in a CBR process. If you have been arrested for driving under the influence, what can you expect?
Seized driver’s license
If you have been arrested for driving under the influence, your driver’s license may be seized. The public prosecutor then has 10 days to decide whether your license will be returned. The public prosecutor may decide not to return your license for the time being. It is also conceivable that you do not have the time to wait for the public prosecutor’s decision during these 10 days.
Notice of objection for the return of a seized driver’s license
If you wish to have your driver’s license returned urgently, or if the public prosecutor has already decided to withhold your license, you can immediately file a notice of objection with the court. Following this, a hearing on the merits of your objection will be scheduled before a judge. In some cases, the public prosecutor may be willing to return your license based on the filed objection. If so, the objection can be withdrawn.
Penalty order
It is also possible that you will come into contact with criminal law due to a suspicion of driving under the influence. For example, you may receive a penalty order. This penalty order often looks like a simple traffic fine but can have serious consequences. If you simply pay a penalty order, for instance, you are not contesting your guilt, even though you might have preferred to do so. In many cases, this will be recorded on your criminal record and can affect an application for a Certificate of Good Conduct (VOG). Therefore, you can also file an opposition to a penalty order if you disagree with it. Please note that you have 2 weeks to do this, and this tight deadline is further reduced because opposition must generally be submitted by mail. Decide as soon as possible after receiving the penalty order whether you agree or wish to file an opposition.
Summons for a Public Prosecution Service (OM) hearing
If the public prosecutor intends to issue a penalty order but wishes to hear from you first, a summons for an OM hearing may be sent to you. An OM hearing is similar to a court session. However, no judge will be present. The public prosecutor will act in a capacity similar to a judge.
Summons
It is also possible that you will receive a summons directly for a hearing before the criminal court. If you have also filed an opposition to your penalty order, your criminal case will also be heard by the judge. In that case, you will also receive a summons.
CBR process
If you have been arrested for driving under the influence, you may ultimately receive a notice from the CBR to cooperate in an investigation to determine whether you are still fit to drive a motor vehicle. If this investigation yields a negative result, you may receive a decision declaring your driver’s license invalid. You have the option to file an objection against this decision. This must be done within 6 weeks after the decision has been sent.
If you have been arrested for driving under the influence, you may find yourself in many different processes. This can be very overwhelming. However, you can be assisted by a lawyer at every step. Have you been arrested for driving under the influence and do you need help? Then contact the criminal defense lawyers at Farber Zwaanswijk Advocaten as soon as possible via our contact form or call 070 – 762 10 80.
