This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Alkollü Araç Kullanma: Ceza, Ehliyet ve Trafik Güvenliğini Tehlikeye Sokma.
Drink-driving gives rise to two separate liabilities: administrative (withdrawal of the driving licence and a fine) and criminal (endangering traffic safety under Article 179 of the Criminal Code). Refusing the test does not avoid the sanction; it attracts a separate one. And where there is a collision, the insurer may seek recourse against the driver for what it has paid out.
Drink-driving does not produce a single sanction: an administrative fine and the loss of the licence on one side, criminal proceedings on the other.
This article sets out the blood alcohol limits, the periods of licence withdrawal, when an offence is committed, and the insurer's right of recourse.
What Are the Blood Alcohol Limits?
Article 48 of the Highway Traffic Act (Law no. 2918) prohibits driving under the influence of alcohol and fixes the limits.
Sanctions apply to drivers found to have taken narcotic or stimulant substances and to those found to be driving under the influence of alcohol.
- For drivers of private cars the limit is 0.50 per mille
- For drivers of other vehicles (commercial taxis, minibuses, buses, lorries, tractor units and the like) the limit is 0.20 per mille
Stricter rules apply to drivers carrying passengers or goods commercially and to drivers of official vehicles.
A driver found to be over the limit receives an administrative fine and has their driving licence withdrawn.
For How Long Is the Licence Withdrawn?
The Act provides for increasing periods on repetition:
- On a first occasion the licence is withdrawn for six months.
- On a second occasion, for two years.
- On a third or subsequent occasion, for five years, together with an administrative fine.
On the second and subsequent occasions drivers are also subject to psychotechnical assessment and to examination by a psychiatrist; the licence is returned if a favourable report is obtained.
These periods are applied having regard to the interval between the occasions on which drink-driving was established.
An administrative sanction decision may be challenged: an application may be made to the magistrate's court for criminal matters within fifteen days of service or of pronouncement.
| Situation | Licence withdrawal |
|---|---|
| First occasion (over the limit) | 6 months |
| Second occasion | 2 years |
| Third and subsequent occasions | 5 years |
| Refusing the test | A separate administrative sanction applies |
| Limit for private cars | 0.50 per mille |
| Limit for drivers of other vehicles (commercial vehicles, buses, lorries) | 0.20 per mille |
The administrative sanction and the criminal investigation under Article 179 proceed independently; escaping one does not dispose of the other.
What Happens If You Refuse the Test?
The Act provides a separate sanction for drivers who do not consent to a breath test: they are prohibited from driving, an administrative fine is imposed, and their licence is withdrawn.
In other words, refusing the test does not avoid the sanction; the consequences are more severe.
The police may also require the driver to be taken to a medical facility for a blood sample; where an offence is suspected, the provisions of the Criminal Procedure Code on bodily examination apply.
A practical point: the calibration certificate of the measuring device and the regularity of the record may both be challenged. Ask for a copy of the record and check the time and the serial number of the device.
How Does Criminal Liability Arise?
Separately from the administrative sanctions, drink-driving may also constitute an offence.
The third paragraph of Article 179 of the Criminal Code punishes a person who drives a vehicle although, through the effect of alcohol or narcotics or for any other reason, they are not in a condition to control it safely.
The test is not the blood alcohol figure alone but whether the person was in a condition to drive safely. That is assessed on the facts: the manner of driving, whether there was a collision, the content of the police record and any camera footage.
The offence is not subject to complaint and is prosecuted of the authorities' own motion.
Where a collision has occurred and there is injury or death, the offences of negligent injury or negligent homicide also arise, and being under the influence of alcohol aggravates the assessment of fault.
What Is the Risk of Insurance Recourse?
This is the most frequently overlooked consequence of drink-driving.
Compulsory motor third-party liability insurance covers the loss of third parties, and the insurer pays the injured party. Where the driver was under the influence of alcohol, however, the insurer may seek recourse against the insured for the sum paid, under the general conditions of the policy.
The other party's loss is therefore paid by the insurer — and then claimed back from you.
The position on comprehensive own-damage insurance is clearer still: drink-driving is among the exclusions in the general conditions, so damage to your own vehicle is as a rule not paid.
The financial consequence of drink-driving can therefore far exceed the administrative fine.
Defences that may be raised against a recourse claim include: that there was no causal link between the alcohol and the collision, that the test was carried out irregularly, and that the fault lay entirely with the other party.
The heaviest financial consequence of drink-driving is recourse: compulsory third-party insurance pays the other party's loss and may then claim that sum from you. Under comprehensive cover, alcohol is an exclusion. Refusing the test does not avoid the sanction either; it makes matters worse.