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What can I do if I disagree with the results of a breath analysis or blood test after a violent offence?

If you are arrested by the police for a violent offence, they may have cause to think you are under the influence of alcohol or drugs. If they have a reason to suspect this, then you must submit to a breath test and breath analysis (for alcohol), a saliva test and blood test (for drugs), or a breath test, saliva test and blood test (for combined use of alcohol and drugs). If you disagree with the result of the breath test or blood test, then you can have a counter-test done. You will have to arrange and pay for the counter-test yourself.

Breath test and breath analysis for violence under the influence of alcohol

If the police have cause to think you are under the influence of alcohol, you must submit to the following tests:

  • A breath test or breath analysis to determine how much alcohol you have consumed.
  • A psychomotor test (PMT), where the police look at your visual and speaking ability, among other things, to determine if you are under the influence.

Saliva test or blood test for violence under the influence of drugs

If the police have cause to think you are under the influence of drugs, they can also check this. You must then submit to the following tests:

  • A saliva test and a blood test.
  • A psychomotor test (PMT), where the police look at external characteristics, such as your visual and speaking ability, to determine if you are under the influence.

Blood test for combined use of alcohol and drugs

The police may have cause to think you are under the influence of both alcohol and drugs. In that case, you must submit to a breath test and a saliva test and then have a blood sample taken for testing by a doctor or nurse.

Right to a counter-test

If a breath analysis or blood test shows that you are over the alcohol limit, the drug limit or both, then you have the right to have a counter-test done.

  • 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 request it straight away.
  • For drugs, or drugs and alcohol combined, the police will tell you that you have the right to a counter-test when the blood sample is taken. The police will then send you a letter with the result of the blood test for drug use or combined drug and alcohol use. This letter also provides more information about your right to a counter-test.

Blood sample for counter-testing

Counter-tests always require a blood sample.

  • If the test is for drugs, or drugs and alcohol combined, then the laboratory will use the second tube of blood collected during the blood test on the instruction of the police.
  • If the test is for alcohol, then a blood sample will be taken from you as quickly as possible after the breath analysis.

Choosing a laboratory for the counter-test

It is up to you to choose a laboratory to do the counter-test. The laboratory must meet the following requirements:

  • It must be an accredited laboratory (see What is accreditation?).
  • The laboratory must be qualified to perform bioanalyses.

You can find information about this in the Substance Examination Decree (Besluit middelenonderzoek bij geweldplegers, in Dutch).

Contacting the laboratory

You have to choose and contact a laboratory yourself. Examples or accredited laboratories that meet the requirements are :

Certain requirements apply to the laboratory blood testing procedures. You can find these requirements in the annex to the Substance Examination Regulations  (Regeling middelenonderzoek bij geweldplegers, in Dutch).

Costs of a blood test counter-test

You have to pay for the counter-test yourself. You pay the following costs:

  • 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 or drugs and alcohol combined, as two tubes of blood will have been collected already: one to determine the drug concentration and one for possible counter-testing.
  • 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 in the Substance Examination Regulations (Regeling middelenonderzoek bij geweldplegers, in Dutch). There is no fixed price for blood analysis. The price is determined by the laboratory that does the counter-testing.

Counter-testing conditional on payment

If you want to have a counter-test done, you have to pay the laboratory of your choice no more than four weeks after receiving your blood test result from the police. The laboratory will do the counter-test only if it receives payment within this 4-week period.

Requesting a counter-test

When requesting a counter-test, you must provide:

  • your name;
  • sex;
  • date of birth;
  • citizen service number (BSN);
  • trace identification number (SIN), which is stated on the blood test result.

Bring the blood test result to court

The laboratory will only send the result of the counter-test to you. 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 and/or drug concentration under the legal limit, then you can claim a refund of the costs of the counter-test. If the counter-testing laboratory or procedures do not meet the requirements, you will not be refunded.

You can claim a refund of the costs of the counter-test from the public prosecutor handling your case.

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