What is The Penalty For Drunk Driving?

Under Article 48 of the Traffic Law, the legal blood alcohol limit for private vehicle drivers is set at 0.50 per mille. Drivers below this threshold are generally not subject to administrative sanctions; however, exceeding it may result in an administrative fine, temporary suspension of the driving licence, and impoundment of the vehicle.

Since the exact amounts of administrative fines and the duration of licence suspension are subject to periodic legislative updates, it is advisable to confirm the applicable figures from the current official tariff for any specific case. Repeated violations may also result in more severe sanctions.

For drivers of commercial vehicles (such as taxis, minibuses, buses and trucks) as well as official and public service vehicles, the legislator has set a considerably lower threshold: 0.20 per mille. Given the heightened responsibility these drivers carry for passenger and public safety, a stricter standard applies compared to private vehicle drivers.

As a general rule, commercial drivers are not permitted to operate a vehicle under the influence of alcohol at all. Exceeding this limit may lead to administrative sanctions, and where the driver is also involved in an accident while over the limit, criminal liability may additionally arise.

Where the blood alcohol level exceeds a certain threshold, the matter may no longer be a purely administrative violation and may instead be evaluated under Article 179 of the Turkish Penal Code as the offense of endangering traffic safety. In practice, a measured alcohol level of 1.00 per mille or above for private vehicle drivers is treated as a presumption that the ability to drive safely has been lost, potentially triggering the penalty referenced in Article 179(3) by reference to Article 179(2).

In such cases, the applicable penalty may range, depending on the circumstances, from three months to two years of imprisonment. Criminal liability may also arise at lower alcohol levels (0.50 per mille for private vehicles, 0.20 per mille for commercial vehicles) where the driver, while over the limit, is involved in a traffic accident. As this legal characterization is assessed on a case-by-case basis, the outcome depends on the specific facts involved.

Where the administrative threshold is exceeded, the driver is subject to an administrative fine, temporary suspension of the driving licence, and impoundment of the vehicle. Drivers who refuse the breathalyzer measurement face a separate and more severe administrative sanction, including a longer suspension of their licence.

Where the criminal threshold is triggered, the matter proceeds as a criminal investigation, generally based on the police report, the alcohol measurement report, and, where applicable, the accident report. Administrative sanctions may be challenged before the relevant criminal court of peace (sulh ceza hâkimliği) within a specific period from notification. Filing the objection within the correct time limit and in the proper form is important for the outcome of the process.

Individuals facing an administrative or criminal process due to drunk driving may benefit from consulting an İzmir criminal lawyer regarding technical matters such as the lawfulness of the measurement conditions, whether the report was properly drafted, and applicable objection deadlines.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy