Short answer: 0.5 per mille, which is 220 micrograms of alcohol per litre of exhaled breath — the same limit as for a car driver. An e-step is legally a motor vehicle, and riding under the influence is not just an infraction: it is a criminal offence. That means a criminal record, not just a fine in the post. Below is exactly what applies, what it costs, and one point that almost nobody knows: you can receive a driving ban even if you have never had a driver's licence.
Last updated: July 2026. This article provides general information, not legal advice. For a specific case, consult a lawyer.
Why the car limit applies and not the cycling limit
There is no statutory alcohol limit for cyclists. For e-steps there is, and that comes down to one legal fact: an electric scooter with a motor that moves you forward without pedalling is a motor vehicle within the meaning of the Road Traffic Act (WVW). Article 8 WVW 1994 prohibits driving a motor vehicle under the influence, and that article makes no exception for small or slow vehicles.
In concrete terms:
| Limit | Breath test |
|---|---|
| Bicycle | no statutory limit n/a |
| E-step (special moped) | 0.5 ‰ 220 µg/l |
| Car, regular driver | 0.5 ‰ 220 µg/l |
| Car, novice driver | 0.2 ‰ 88 µg/l |
The tricky question: does the novice limit of 0.2‰ also apply to an e-step?
This is the question where you'll find every possible answer online, so we'll explain the reasoning rather than just giving an answer.
The stricter limit of 0.2 per mille is set out in Article 8, paragraphs three and four, of the WVW. Those paragraphs were written for drivers who need a licence for the vehicle they are riding — they apply to holders of a licence issued less than five years ago, and to people driving without ever having obtained a licence for a vehicle that does require one.
For an e-step in the special moped category, no licence is required: that category is exempt. Our reading of the law is therefore that the novice limit does not apply and that the standard limit of 0.5 per mille applies to every e-step rider — young or old, with or without a licence.
To be honest: this is a legal interpretation derived from the statutory text, not a sentence you'll find on a government page. We are not aware of any official source that confirms it in so many words. Do not rely on it when it matters, and especially not if you are sixteen and just starting out. Anyone who assumes that 0.5 per mille is "allowed" is already misreading the core of this rule — more on that below.
A criminal offence, not an infraction — and that is the real difference
A fine for running a red light is an infraction: you pay and it's done. Riding under the influence falls under Article 8 WVW and is a criminal offence. Consequences:
- It goes on your criminal record (judicial documentation).
- That can resurface years later when you apply for a Certificate of Good Conduct (VOG) — relevant for working in education, healthcare, childcare, security, or government.
- You won't receive a fine by post but a penalty order or a summons.
This is by far the most important point in this article. People weigh up "a beer on the e-step" against a fine amount, while the real risk lies in the VOG.
What it costs
The Public Prosecution Service applies fixed guidelines that increase with the measured alcohol level. At the lowest category, it starts at around €125. At the highest categories, it rises to a community service of sixty hours plus a driving ban of ten months. In between there are substantial escalating fines.
At approximately 235 micrograms per litre, the case will in principle be referred to the Public Prosecution Service for prosecution rather than receiving the lowest-tier penalty.
Refusing the breathalyser test is a separate criminal offence and is treated more harshly than a minor excess: the guideline is approximately €750 plus seven months driving ban. Refusing is not an escape route.
The point almost nobody knows: a driving ban without a licence
"I don't have a licence, so they can't take anything from me" — that is incorrect. Article 179 WVW does not refer to confiscating a card, but to withdrawing the authority to drive motor vehicles. You can lose that authority even if you have never held a licence.
Practical consequence: if you subsequently obtain a car licence during that period, you are not allowed to drive with it. And if you drive during the ban anyway, that is again a criminal offence with considerably harsher consequences.
For a sixteen-year-old on an e-step, this is a real risk with long-lasting effects: the ban runs well into the period when you would normally obtain your licence.
Two things you don't need to worry about
For completeness, because incorrect information also circulates on these points:
- The alcohol interlock programme no longer exists. The scheme was definitively discontinued in April 2021. An ignition interlock fitted to your car is therefore no longer a possible sanction.
- An EMA or LEMA course does not result from an e-step offence. Those educational measures by the CBR are linked to the licence system and are not imposed in connection with a vehicle for which no licence is required.
The most expensive scenario is not in criminal law
Up to now, this has been about criminal penalties. The financial risk lies elsewhere.
Your e-step has third-party liability insurance, which is compulsory. If you cause an accident while under the influence, your insurer will pay the victim's damages — it must, because the Motor Vehicles Liability Insurance Act protects the victim, not you. The insurer will then recover that amount from you. Riding under the influence is an exclusion clause in virtually every policy, and that right of recourse has no cap.
For vehicle damage you're talking thousands of euros. For serious personal injury — and on an e-step you're mainly putting cyclists and pedestrians at risk, who have no crumple zone — the amounts could follow you for decades.
This is the scenario people don't factor in, because they think of the fine rather than the liability. More about how that coverage works is in our guide to e-step insurance.
What about drugs and medication?
Article 8 is not only about alcohol. Riding under the influence of drugs falls under the same provision, with statutory threshold values per substance, and the police can administer a saliva test. Medication with a warning about impaired driving ability — certain sleeping pills, strong painkillers, some antihistamines — also falls under it. A yellow or red sticker on the box is not advice; it is a legally relevant signal.
Frequently asked questions
Can the police just ask me to take a breathalyser test on an e-step?
Yes. An e-step is a motor vehicle; the police may stop a rider and demand a breath test, even without specific suspicion.
If I'm walking next to my e-step and pushing it, can I have been drinking?
Walking with the e-step in hand, you are a pedestrian and not operating anything. Switch it on and step onto it, and you are a driver. There is no grey area: standing on the e-step and riding is operating.
Is it really different from cycling?
Legally: completely different. There is no alcohol limit for cyclists, and at most prosecution follows via the general provision on dangerous riding behaviour. On an e-step, the motor vehicle rules apply in full. That difference surprises almost everyone who comes from cycling.
My e-step only goes 25 km/h. Does that make no difference?
No. The speed is not relevant for Article 8. What counts is that it is a motor vehicle.
What if someone else rides my e-step and gets caught?
The criminal consequences are for the rider. But your insurance is in your name, and whether your policy covers an unknown rider depends on the terms. Check that before you lend your e-step.
Conclusion
On an e-step, the car limit applies, not the cycling limit: 0.5 per mille, 220 micrograms. More important than the number is the category — this is a criminal offence with a criminal record, possible consequences for your Certificate of Good Conduct, a driving ban that also works without a licence, and an insurer that can come after you without limit following an accident. Weighed against the cost of a taxi or leaving the e-step for the night, it's an easy calculation.
The rest of the rules — age, bike path, lighting, passengers — are in electric scooter rules in the Netherlands 2026, and the fine amounts for other offences are in our guide on e-step fines.
Practical: e-stepping in daily life
- What does an e-step cost per year? The complete breakdown
- E-step or shared scooter: when does buying become cheaper?
- E-step as an alternative to the mobility scooter
- Taking your Dutch e-step abroad
- Taking an e-step on the train, tram, and metro
More on the rules: electric scooter rules 2026, all RDW-approved models, and buying a legal e-step.
