Alcohol and substances — the layers of article 8
| What the provision says | What follows from it | Where it goes wrong | |
|---|---|---|---|
| Substances with no limit value | It is forbidden to drive under the influence of a SUBSTANCE you know or should know can reduce driving ability — whether or not combined with another substance. | There is no figure in it. The test is whether you are “not capable of driving properly” — that is judged, not measured. | Thinking paragraph 1 is about drugs and nothing else. Medicines with a yellow sticker fall under it just as much, and the clause about combination exists precisely for medicine plus alcohol. |
| Those without a licence yet | The stricter limit of paragraph 3 applies ALSO to anyone driving without a licence a vehicle for which a licence is required. | There is no gap in the law. Whoever never obtained a licence does not fall outside the novice limit but squarely inside it. | Reasoning that the novice limit hangs on the age of the licence and so does not apply without one. Paragraph 4 closes exactly that reasoning. |
| The order to cooperate | On SUSPICION of a breach of art. 8 the investigating officer may order cooperation with a test. | Cooperating is then no longer a choice. Refusing is a separate criminal offence — not a way to avoid the test. | Thinking refusal works out better than a result. It is not “no evidence”, it is a second offence on top of the first. |
| What the penalty can be | A breach of art. 8 falls under art. 176(2) — imprisonment of up to ONE YEAR or a fourth-category fine. In addition the licence may lose its validity (art. 123b). | This is not in a fine schedule: it is a CRIMINAL matter before a court, not a ticket you transfer money for. | Looking for the size of a fine. With art. 8 the question is not “how much does it cost” but whether you keep your licence and a clean record. |
| As a supervisor too | Art. 8(1) forbids driving, HAVING SOMEONE DRIVE and acting AS A SUPERVISOR under the influence. Three roles in one sentence. | Whoever sits beside a learner or a supervised driver falls under the same provision as the driver. | Thinking the wheel decides who is responsible. The supervisor is in the same list and carries the same duty. |
The law itself
WVW1994 art. 8 lid 1WVW1994 art. 8 lid 4WVW1994 art. 163 lid 1WVW1994 art. 176 lid 2WVW1994 art. 123b lid 1
Verified on: