Repeat offender scheme

A still quite unknown measure for driving under the influence of alcohol is the repeat offender scheme serious traffic offences.

At a certain moment the person who has driven under the influence of alcohol has to appear in court. This can be either a police court judge or a public prosecutor in a so called OM session, a session at the public prosecutor’s office.

For driving under influence a fine, a community punishment order or a prison sentence can be imposed as punishment. A driving disqualification can be imposed as an additional punishment.

When the driver has been sentenced to one of the punishments mentioned above, this is the end of the (criminal) process when this was the first time he or she was convicted for driving under influence. When it has been the second time the driver has been convicted for such an offence, this person runs the risk that the repeat offender scheme for driving under the influence of alcohol can be applied.

On June 1 2011 the repeat offender scheme for serious traffic offences in article 123b Road Traffic Act came into power. Those who are irrevocably convicted for driving under the influence of alcohol twice, with an alcohol permillage of at least 1,3 at the second time, are faced with an invalidation by operation of law.

After an invalidation of the driving license due to the scope of the repeat offender scheme, the person involved can only get his or her driving license back after passing a driving test. This can only be done after a possible unconditional driving disqualification.

The repeat offender scheme for driving under the influence of alcohol is a hefty measure. The application of this measure cannot be contested in court. One can only try to make the period of the driving qualification as short as possible, so that the driving test can take place as soon as possible.