Driving Under the Influence of Alcohol Offenses

 According to the Highway Traffic Law No. 2918 (KTK) and the Highway Traffic Regulation (KTY) issued based on this law, it is prohibited to drive a vehicle on highways while under the influence of drugs/stimulants or while intoxicated. Article 36 of the KTK defines "driving a vehicle while under the influence of alcohol or drugs, stimulants, or substances under the influence of drugs" as "endangering traffic safety." Therefore, drivers must refrain from using alcohol or drugs, stimulants, or substances under the influence of drugs.

According to the Highway Traffic Law, individuals driving private vehicles who test positive for alcohol at 50 per mille or higher will be subject to an administrative fine and their driver's license will be confiscated. However, this limit applies only to private vehicles; the limit for drivers of commercial vehicles is set at 20 per mille. Furthermore, the amount of the administrative fine based on the alcohol test result is determined annually. For drivers of motor vehicles other than private vehicles, such as commercial vehicles, the alcohol limit is 20 per mille. Drivers exceeding this limit are penalized with an administrative fine and their driver's licenses are confiscated. Additionally, vehicles belonging to drivers found to have alcohol levels above the limit may be impounded.

Therefore, driving under the influence of drugs/stimulants or alcohol while driving on public roads is prohibited, and legal action may be taken against those who violate this prohibition.

• “If the result of the measurement made with a technical device is disputed and the determination is made at a health institution, the time between the two determinations, or if measurement with a technical device is not permitted, the time between the time of the accident and the time of the determination made at the health institution, shall be taken into consideration. The traffic authority that made the first measurement shall add 0.15 per mille for each hour to the result of the determination made at the health institution to determine the alcohol level, and action shall be taken according to the resulting figure.”(KTY Article 97/Vb-3)

This regulation was implemented to prevent unfairness that could arise from disputes over alcohol measurements taken with technical devices, where the driver's blood alcohol level is lowered. In this way, the traffic authority that conducted the initial measurement adds 0.15 per mille for each hour to the result obtained at the health facility to determine the alcohol level, and action is taken according to the resulting figure. This regulation ensures that the blood alcohol level of drivers is determined more accurately and prevents unfair situations from occurring.

The penalties for driving under the influence of alcohol can change frequently and are recalculated annually. Furthermore, the penalty amounts differ for private and commercial vehicles. Therefore, it is important to check the current Highway Traffic Law and related regulations to find the correct penalty amounts and license suspension periods. However, the current penalty for driving under the influence of alcohol in 2023 is 4,064 TL. This penalty applies to drivers who exceed the blood alcohol limit for the first time. In addition to the fine, the driver's license is suspended for 6 months.

Subsequently, the fine for drivers exceeding the blood alcohol limit for a second time has been set at 5,096 TL. Drivers found to be under the influence of alcohol for a second time will have their licenses confiscated for two years. Finally, drivers found to exceed the blood alcohol limit for a third time will be fined 8,190 TL and their licenses will be confiscated for five years. In addition to drivers who have consumed alcohol above the limit, those who cause traffic accidents due to drunk driving and endanger the lives or property of other drivers may also face criminal penalties and imprisonment. Furthermore, in such cases, drivers' licenses for drunk driving may be revoked for a long period or permanently.

These penalties are administrative fines. Unlike judicial fines, administrative fines are not converted into imprisonment if not paid. Instead, they are collected through enforcement proceedings. If the administrative fine decision is paid within 15 days of notification, a certain portion of the fine may be subject to a discount. However, if it is not paid within 30 days, interest begins to accrue and the enforcement process is initiated. The administrative fine is collected from the individual through enforcement proceedings. You can check whether there are any traffic fines or drunk driving fines issued in your name through websites such as e-government, the General Directorate of Security, and the Revenue Administration. By entering the necessary information on these sites, you can inquire whether there are any traffic fines or drunk driving fines issued in your name.

How to Appeal a Fine for Driving Under the Influence of Alcohol?

According to Article 27 of the Law on Misdemeanors, an appeal against an administrative fine or administrative sanction decision regarding the confiscation of property must be filed with the magistrates' court within 15 days of the date of notification or pronouncement of the decision. This period also applies to traffic fines. If a traffic police officer stopped your vehicle and issued a fine, the 15-day period begins from the date the notice was given to you. However, if the fine was issued to your license plate, the period begins from the date the fine was served to you. An appeal against a suspected unfair driving fine can be filed with the administrative court. However, the traffic fine must be paid before the appeal process can begin. The appeal period is also 15 days from the date the fine was served. The magistrates' court to which the appeal is submitted will evaluate the appeal and decide whether to cancel or uphold the fine. Therefore, it is recommended to file an appeal against a fine that you believe was unfairly imposed.

If an administrative penalty is also imposed in addition to the fine for driving under the influence of alcohol, the appeal period is extended to 60 days. The appeal must be filed with the Administrative Court in the location where the administrative penalty was issued. This appeal must be made within 60 days of the notification or pronouncement of the administrative penalty. Appeals regarding the fine for driving under the influence of alcohol, however, can be filed with the Magistrates' Court within 15 days, according to Article 27 of the Law on Misdemeanors. The appeal procedures for administrative penalties and fines for driving under the influence of alcohol are different and must be filed with different courts.

It should be noted that in our country, there is a practice of confiscating the driver's licenses of drivers who commit the crime of driving under the influence of alcohol. Drivers found to be above the blood alcohol limit for the first time have their licenses confiscated for 6 months, while those committing the same offense a second time have their licenses confiscated for 2 years. Drivers found to be above the blood alcohol limit for a third time have their licenses confiscated for 5 years. At the end of these periods, drivers can regain their licenses by fulfilling the relevant conditions. However, in addition to drivers who commit this offense, drivers who commit other offenses that endanger traffic safety may also have their licenses confiscated. Therefore, drivers whose licenses have been confiscated also have the right to appeal. However, the appeal process must be completed within 15 days of the notification of the penalty to the magistrate's court. If the penalty is overturned as a result of the appeal, the license is returned. Reasons for appeal may include the improper use of the equipment, medical conditions that could affect the alcohol test result, or the lack of calibration of the breathalyzer. In addition, drivers whose licenses have been revoked can take the necessary exams and complete the required procedures to obtain a license again after a certain period (for example, 1 year) before the end of their penalty period.

Some Supreme Court – Council of State Decisions:

12th Criminal Chamber, Case No. 2018/6004 E., Decision No. 2018/11808 K.

The provision states that "the most distinctive feature that distinguishes administrative fines from other penalties is that they are imposed by administrative authorities using public power." Since the purpose and outcome of the administrative fine and the judicial penalty imposed on the defendant are different, the same act must be considered differently within separate legal disciplines. However, punishing an act with different sanctions prescribed by these legal disciplines does not constitute a violation of the rule of law and the principle of "no double jeopardy." Therefore, while the court should have convicted the defendant under Article 179/2 of the Turkish Penal Code, in conjunction with Article 179/3, for driving under the influence of alcohol with a blood alcohol level of 264 per mille, causing a traffic accident resulting in material damage and thus endangering traffic safety, the decision was rendered as written with the aforementioned reasoning. This
necessitates reversal, and the local public prosecutor's appeal is deemed justified for this reason. Therefore, in accordance with Article 8 of Law No. 5320 and Article 321 of the Code of Criminal Procedure No. 1412, which is still in effect, the judgment is reversed as requested. It was unanimously decided on 06/12/2018 that the decision be ANNULLED.

7th Criminal Chamber, Case No. 2021/11400 E., Decision No. 2021/15835 K.

19th Criminal Chamber, Case No. 2020/1999 E., Decision No. 2020/14526 K.

7th Criminal Chamber, Case No. 2021/20731 E., Decision No. 2021/13693 K.

Council of State Administrative Litigation Chambers Board, Case No. 2015/3633, Decision No. 2017/14.