What is The Penalty For Drunk Driving?

The "promille unit" is used to measure a driver's alcohol level. For drivers of private passenger vehicles, a Blood Alcohol Content (BAC) of up to 0.50 promille, and for drivers of other private vehicles, a BAC of up to 0.20 promille, does not constitute an offense under Article 179 of the TPC. This amount corresponds to 0.50 grams and 0.20 grams of alcohol per liter of blood, respectively. If the driver does not exceed these limits, no offense will be deemed to have occurred.

For drivers of commercial vehicles such as buses, taxis, minibuses, semi-trailer trucks, and trucks, the alcohol limit is zero promille. Even consuming 0.20 promille or less alcohol is legally prohibited for these drivers. Furthermore, commercial vehicle drivers who are penalized for drunk driving will also lose the validity of their psychotechnical certificates.

Law enforcement authorities examine a person's ability to control the vehicle upon exceeding the prohibited limit. However, if the BAC exceeds 1.00 promille, it is determined that the person will have sufficiently lost their control capability, without the need for further investigation. Therefore, a driver found to have a BAC of 1.00 promille or higher is deemed to have committed the offense of intentionally endangering traffic safety. This limit is also stated in court decisions:

“…the driver of the vehicle insured under the … Fleet Casco Insurance Policy, who caused damage to the vehicle, had a BAC of 0.57 promille at the time of the damaged traffic accident. However, according to the technical assessment, the alcohol level was below the 1.00 promille limit, and considering the manner in which the accident occurred, it was not exclusively caused by the influence of alcohol. Therefore, the finding that the damage could be assessed within the scope of the policy, and the understanding that the accident was not exclusively caused by the influence of alcohol, and that the damage remained within the scope of the policy, means there is no impropriety in the decision to accept the case with the written justification.” (Istanbul Regional Court of Justice, 9th Civil Chamber, E. 2020/1582 K. 2022/1366 T. 29.10.2022)

Drivers with BAC levels exceeding 0.50 promille in private passenger vehicles, or 0.20 promille in other vehicles, will face various sanctions. The mildest of these sanctions is an administrative monetary fine, which can escalate to the confiscation of the driver's license and prohibition from traffic. Exceeding the alcohol limit also implies the commission of the offense of endangering traffic safety, as stipulated under Article 179/3 of the Turkish Penal Code.

What is the Penalty for First-Time Drunk Driving?

For a driver caught drunk driving for the first time, the administrative monetary fine, according to Article 48/5 of the Highway Traffic Law, for the year 2022, is the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT). In addition, the driver's license will be confiscated for a period of 6 months.

What is the Penalty for Second-Time Drunk Driving?

In the event of endangering traffic safety for the second time due to drunk driving, an administrative monetary fine of the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) and a 2-year driver's license confiscation penalty will be imposed, pursuant to Article 48/5 of the Traffic Law, for the year 2022.

How is Drunk Driving Detected?

A driver's alcohol examination is typically conducted by blowing into a breathalyzer. Additionally, measurement is possible through the analysis of a blood sample. In cases where the accuracy of the test is doubted, measurement solely by a breathalyzer will not suffice. In such circumstances, the blood sample must be sent to the relevant authority, and sanctions must be applied based on the results obtained. This is also established by Supreme Court decisions:

“In the present case, the court decided to dismiss the lawsuit on the grounds that "although it was determined that the vehicle driver was under the influence of alcohol, it could not be proven that the accident was exclusively caused by the influence of alcohol due to the measurement being taken with a device that had not undergone periodic calibration, and therefore, the plaintiff insurer would not have the right of recourse against the defendant vehicle owner and operator." As understood from the aforementioned reasoning, the court also accepts that the vehicle driver was under the influence of alcohol. The court's decision to rule in writing solely on the basis that the 1.06 promille measurement was not a valid measurement is deemed incorrect. Namely, as explained in detail above, according to established jurisprudence, an abstract statement such as the alcohol amount being above a certain ratio is not accepted for the conditions of recourse to be met. Instead, it is accepted that each situation, each concrete event, road conditions, and the manner in which the event occurred must be evaluated to determine whether the accident occurred exclusively under the influence of alcohol. For this reason, the exact promille level of alcohol in the vehicle driver in the accident subject to the lawsuit has no bearing on the outcome. What is important is whether the driver was under the influence of alcohol and whether the accident occurred solely due to the influence of alcohol, based on the manner in which the event occurred. Therefore, the court's decision to dismiss the case on the grounds that the device used for promille measurement had not undergone the necessary calibration measurements, and thus the case could not be proven, is deemed incorrect.” (Supreme Court of Appeals, 17th Civil Chamber, E. 2019/4489, K. 2020/4293)

What is the Penalty for Third-Time Drunk Driving?

In the event of endangering traffic safety for the third time due to drunk driving, an administrative monetary fine of the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) will be imposed, pursuant to Article 48/5 of the Traffic Law, for the year 2022. Additionally, the driver's license will be confiscated for 5 years, and the driver will be sentenced to imprisonment for a term of not less than 6 months.

Are There Penalties for Drunk Cycling?

Riding a regular bicycle under the influence of alcohol is not legal. If ridden in this state, an administrative monetary fine will be imposed on the individual. However, there is no connection between this issue and a driver's license. That is, a Class B driver's license cannot be confiscated on the grounds of drunk cycling. There are Council of State decisions to this effect. However, the situation is different for electric bicycles. This is because electric bicycles fall within the scope of motor vehicles and are subject to a driver's license requirement based on their engine capacity. If an electric bicycle requiring a driver's license is operated under the influence of alcohol, both an administrative monetary fine and driver's license confiscation will be imposed.

Where Should a Driver Whose License Has Been Confiscated Due to Alcohol Appeal?

The driver has the possibility to appeal to the Criminal Court of Peace within 15 days from the notification of the penalty. Furthermore, if an administrative sanction decision has been issued, a written application must be made within 60 days.

Is There a Possibility of Discount on Penalties Arising from Drunk Driving?

Monetary fines are subject to a 25% discount if paid within 15 days. It is also possible to request installment payments by applying to the Tax Office.

How are Imposed Monetary Fines Collected?

If the imposed monetary fine is not paid within 30 days, it will be collected from the relevant party, along with accrued interest, through enforcement offices pursuant to the provisions of Law No. 6183 on the Procedure for the Collection of Public Receivables.

Is the Offense of Endangering Traffic Safety Due to Alcohol Subject to the Complaint of the Victim or Participant?

The aforementioned offenses are investigated ex officio by law enforcement and the public prosecutor, without requiring a complaint from the interested party, in accordance with the principle of ex officio investigation. Accordingly, the investigation continues even if no complaint is filed or if a complaint is withdrawn. Consequently, the primary legal value protected is the life and property of the individual. Additionally, the aim is to protect the life and property safety and peace of the public, and to ensure the reliability of highways.

What is the Sanction for the Offense of Endangering Traffic Safety?

A person who drives a vehicle while being unable to safely operate it due to the influence of alcohol or drugs, or for any other reason, shall be sentenced to imprisonment for a term ranging from three months to two years.

In this article, we have discussed drunk driving and the related offense of endangering traffic safety. For any questions related to the article, you may contact us via the comments section...

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy