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A positive roadside saliva test

Your saliva test is positive during a traffic stop. That is a preliminary screening. It is not the same as a definitive blood analysis. Ask what follow-up research and measures are required.

Duration: 1:38

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This video summarises the main points. The full article provides more detail, exceptions and official sources. This information does not replace advice about your case.

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Criminal Law in the Netherlands.

Your saliva test is positive during a traffic stop. That is a preliminary screening. It is not the same as a definitive blood analysis. Ask what follow-up research and measures are required.

Write down as accurately as possible when the check, test and blood collection took place. Keep the documents you receive. Separate facts and memories you are not sure about.

Provide relevant information about medications or medical conditions to the appropriate healthcare provider and discuss it with your attorney. Do not draw the conclusion that a medicine explains every positive result.

The fact that the laboratory has not yet provided results does not mean that all interim powers or measures will disappear. Read what is in your documents and have any ambiguities assessed.

Save each letter and check which agency it came from. A criminal investigation and a CBR process have different goals. One response to a letter does not automatically cover all procedures.

If the blood result comes in, discuss it in a timely manner. Ask what options and deadlines exist for independent re-tests and what response is required in other ongoing procedures.

Read the full explanation on the Criminal Law in the Netherlands website.

Understand the supporting sources

Sources and supporting information

Here you can find the sources for this page. Open the original publication for the full explanation, conditions and exceptions.

  1. Police: driving under the influence of drugs, saliva test and blood testOpens in a new tabpolitie.nlhttps://www.politie.nl/informatie/rijden-onder-invloed-van-drugs.html
  2. Public Prosecution Service: longer retention of the driver's license, return and actual receipt of the driver's licenseOpens in a new tabom.nlhttps://www.om.nl/onderwerpen/r/rijbewijs-mijn-rijbewijs-is-ingenomen/mijn-rijbewijs-is-ingehouden
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