WHAT IS THE PENALTY FOR DRINK DRIVING IN TURKEY?

IS DRUNK DRIVING PROHIBITED UNDER THE HIGHWAY TRAFFIC LAW IN TURKEY?

Drunk driving is expressly prohibited by Article 48 of Highway Traffic Law No. 2918 (HTL). In order to protect public order and road safety, the legislator has made driving under the influence of alcohol subject both to administrative sanctions (an administrative fine and seizure of the driving licence) and, where certain thresholds are exceeded, to criminal sanctions in Turkey.

Highway Traffic Law No. 2918, Art. 48/5:

“Technical devices shall be used by the police in order to determine the amount of narcotic or stimulant substances and of alcohol in the blood. The procedures and principles governing the application shall be set out in the regulation.”

HTL Art. 48 is the direct legal basis for the administrative fines that are imposed and for the seizure of the driving licence. Before such administrative measures can be taken, an authorised police officer must carry out a proper measurement with a calibrated technical device (a breathalyser). Breaches of the measurement procedure, or reports drawn up by unauthorised officers, may later result in the report being annulled in objection proceedings against the administrative fine and the seizure of the driving licence in Turkey.

The following are frequently encountered in practice during alcohol checks;

• The calibration date of the device has expired,
• The printout from the device is not signed by the driver, or no copy of it is handed to him or her,
• The measurement procedure is not followed, or the process is carried out by unauthorised officers,

and procedural breaches of this kind result in the Administrative Sanction Report and the seizure of the driver’s licence being annulled before the Criminal Judgeship of Peace.

Article 48 of the Law does not merely impose a prohibition; it shapes the whole administrative and criminal framework of the process:

• Administrative sanctions regime (HTL Art. 48/5): This provision governs the administrative fines to be applied to drivers who exceed the prescribed per mille limits, the periods for which the driving licence is withdrawn, graded according to how often the offence is repeated, and the conditions under which the vehicle is removed from traffic.
• Sanction for refusing an alcohol test (HTL Art. 48/9): For drivers who refuse to undergo a technical measurement with a breath analysis device, under Turkish law it lays down a separate and heavier administrative sanction (seizure of the driving licence for 2 years and a high administrative fine), regardless of whether they have in fact been drinking.
• Return of the driving licence and training: Once the seizure periods have run, payment of the administrative fines is not enough to get the driver’s licence back; under HTL Art. 48 the driver must also obtain a certificate of completion of the Driver Behaviour Development Training (SÜDGE) together with a psychotechnical assessment and a report from a psychiatrist.

WHAT IS THE LEGAL ALCOHOL LIMIT FOR DRIVERS IN TURKEY?

Under Turkish law, the rules on drink driving lay down different per mille (promil) thresholds depending on the purpose for which the vehicle is used and on the legal status of the driver (private, commercial or probationary). Exceeding the legal per mille limit gives rise to administrative sanctions, while going above certain thresholds (in particular 1.00 per mille) brings criminal liability directly into play.

• Table of Legal Alcohol Limits by Driver Status in Turkey

• The Special Rule For Probationary Drivers Under Turkish Law

Under Law No. 2918, the probationary period (aday sürücülük) lasts 2 years, and throughout that time the 0.00 per mille rule applies. If a probationary driver is found to have alcohol in the blood at any level:

1. An administrative monetary fine is imposed,
2. The driver’s licence is not withdrawn temporarily; it is CANCELLED outright.
3. A person whose licence has been cancelled can only obtain a new one in Turkey by enrolling at a driving school from scratch, passing a psychotechnical assessment and passing the examinations again.

• The Position of Drivers Who Stay Below The Legal Alcohol Limit

Where the blood alcohol level is below the legal limits (0.30 per mille in a private car, for example), under HTL Art. 48 no administrative fine may be imposed and the driver’s licence may not be seized.

However, in Turkey, in a possible traffic accident causing death or injury, even where the driver’s alcohol level remains below the legal limit, the accident report or the expert examination may take the adverse effect of alcohol on reflexes into account and attribute primary or secondary fault to the driver.

HOW MUCH IS THE FINE FOR DRUNK DRIVING IN TURKEY? (2026)

Article 48/5 of Highway Traffic Law No. 2918 (HTL) lays down a penalty for drink driving that rises in stages according to how many times the conduct has been detected within the preceding 5-year period.

• Current Administrative Fine Amounts For Drunk Driving in Turkey in 2026

In line with the annual revaluation rates in Turkey, the administrative sanctions for drink driving have been updated as follows:

1. 1st Time Caught Drink Driving: The driver is fined 11,629 TL (or the current tariffs under the new legislation) as an administrative monetary fine, the driving licence is seized for 6 months, the vehicle is impounded and 20 penalty points are recorded.
2. 2nd Time Caught Drink Driving: Where the offence is repeated, the administrative monetary fine rises to 14,584 TL. The driving licence is seized for 2 years, the vehicle is impounded and 20 penalty points are applied.
3. 3rd and Subsequent Times Caught: The administrative fine is 23,437 TL. The driving licence is seized for 5 years, the vehicle is removed from traffic and 20 penalty points are recorded.

(Note: Administrative fine amounts are standard throughout the country and do not vary from province to province.)

• The Repeat Offence Rule and Discounted Payment in Turkey

In establishing how many times a driver has been caught drunk driving, the 5-year period running back from the date of the first offence is taken as the basis. Offences committed after that period has expired are treated once again as a “first detection” under Turkish law. If the traffic fine is paid within 15 days (or within the legal period allowed by the relevant legislation) of the date on which the administrative fine report is served or pronounced, a 25% discount is applied to the amount.

Legal warning: Paying the fine at the discounted rate does not remove the right to lodge an objection before the Criminal Judgeship of Peace against the decision. In annulment proceedings brought on the ground of an improper measurement or an excess of authority, however, the time limit for bringing a case and the securing of evidence must be handled meticulously so that no rights are lost.

FOR HOW LONG IS THE DRIVING LICENCE SEIZED FOR DRUNK DRIVING IN TURKEY?

Where a drunk driving offence is established, the driving licence is withdrawn (seized) as a direct sanction alongside the administrative fine. The seizure periods are set, independently of the blood alcohol level found (provided that the legal limit has been exceeded), according to how many times the conduct has been repeated within the preceding 5 years under Turkish law:

1. 1st detection: The driving licence is seized for 6 months.
2. 2nd detection: The driving licence is seized for 2 years.
3. 3rd and subsequent detections: The driving licence is seized for 5 years.

In addition, 20 penalty points are recorded on the driver’s licence record for every administrative measure taken because of drink driving. A high alcohol level does not in itself extend the administrative seizure period; it may, however, be treated by the court as an aggravating factor when a prison sentence or a judicial fine is assessed in the criminal proceedings (TPC Art. 179).

IS THE VEHICLE IMPOUNDED FOR DRINK DRIVING IN TURKEY?

Under the Highway Traffic Law, where a driver is found to be over the legal alcohol limits, the vehicle is removed from traffic regardless of how many times the offence has been committed and is impounded as a safety measure.

• The Impound Lot Procedure in Turkey

Because a drunk driver is treated at the moment of the stop as unable to control the vehicle safely, an administrative measure is taken in Turkey by the police (traffic police or gendarmerie):

1. Towing and impounding: The vehicle is towed by an authorised tow truck to the nearest impound lot and kept there.
2. Collecting the vehicle from the lot: The vehicle is never released to the driver found to have been drinking. To get the vehicle out of the lot, either a second driver who is sober and holds a valid driver’s licence must come to the lot, or the vehicle must be loaded onto a tow truck or recovery vehicle and taken away from the impound lot.
3. Lot and towing charges: The vehicle is not released until the impound lot fee calculated over the time the vehicle has been kept there and the towing costs have been paid.

• Where The Vehicle Belongs to Someone Else

The fact that the registered owner of the vehicle is a third person other than the drunk driver at the wheel does not prevent the vehicle from being taken out of traffic. Under Turkish law this measure is not a penalty imposed on the vehicle but an immediate safety measure protecting public safety. The administrative measure is therefore applied and the vehicle is towed to the lot even where it belongs to another person, to a car rental company (rent a car) or to a legal entity (a company car). The registered owner may apply to the impound lot with valid identification and a driver’s licence and recover the vehicle on payment of the towing and lot charges.

CAN PENALTY POINTS LEAD TO CANCELLATION OF THE DRIVING LICENCE IN TURKEY?

The 20 penalty points recorded on the driver’s record for drink driving form part of the general penalty points system laid down in Article 118 of Law No. 2918.

• The 100 penalty point limit: Where a driver in Turkey reaches a total of 100 penalty points within one year (12 months), the driving licence is suspended for 2 months, and that driver must undergo a psychotechnical assessment and the Driver Behaviour Development Training (SÜDGE).
• Risk of licence cancellation: Where the psychotechnical assessment produces a negative result, the training is not attended, or 100 penalty points are reached for a second or a third time in the same year, the legal consequence is indefinite cancellation of the driver’s licence or its withdrawal for a longer period.

HOW IS THE ALCOHOL LEVEL MEASURED IN TURKEY?

In traffic checks the blood alcohol level is established by two basic legal and technical methods, within the framework of Art. 48/5 of Highway Traffic Law No. 2918 and Article 97 of the Highway Traffic Regulation:

1. Measurement With a Technical Device (Breath Analysis With a Breathalyser)

The primary method in general roadside checks carried out by the police (traffic police or gendarmerie) in Turkey is measurement with technical devices that analyse the breath (a breath analysis device).

• Calibration and reliability of the device: The breath test devices used must comply with the standards of the Ministry of Industry and Technology and must have had their periodic calibration and maintenance certification carried out. Measurements taken with devices whose calibration has expired amount to unlawfully obtained evidence before the Turkish courts.
• The printout requirement: It is a rule of procedure that, once the measurement is complete, a copy of the written printout (slip/report) produced by the device is handed to the driver and that the report is signed by him or her.

2. Laboratory Analysis of Blood (Forensic Blood Test)

Although measurement with a technical device is the rule, under Turkish legislation the alcohol level must be established by taking a blood sample at an official health institution where certain conditions are met:

• The breathalyser result is challenged on concrete grounds: Where the driver has blown into the breathalyser but immediately challenges the result on concrete grounds (e.g. medication, an inhaler, an asthma spray, or an alleged fault in the device), the police arrange immediate referral to a health institution.
• The device malfunctions or cannot take a measurement: Where this is technically impossible or the device is inadequate, the blood analysis method is used.

• Accidents with injury or death and cases of unconsciousness: Where, because of the accident, the driver is unconscious, connected to a ventilator or physically unable to blow into the device, a blood test is carried out.

Legal importance: Forensic medicine and expert calculations that take account of the time elapsed between the breath test and the taking of blood at the hospital, and of the rate at which alcohol leaves the body during that time (an average decrease of 0.15 per mille per hour), are one of the most important pieces of evidence in proceedings for annulment of the administrative penalty in Turkey.

WHAT IS THE PENALTY FOR REFUSING TO BLOW INTO THE BREATHALYSER IN TURKEY? (2026)

For drivers who refuse an alcohol examination at a traffic check, that is, who refuse to blow into the breathalyser or to give a blood test at a health institution after referral by the police, a separate and heavier administrative sanction is laid down by Highway Traffic Law No. 2918 (HTL) Art. 48/9.

1- Sanctions For Refusing an Alcohol Test in Turkey in 2026

• Administrative fine: A driver who refuses an alcohol or drug test in Turkey is given an administrative monetary fine of 33,326 TL.
• Seizure of the driving licence: The driving licence is withdrawn outright for 2 years. (Note: The 2-year statutory seizure period laid down in the Law is applied).
• Additional sanctions: The vehicle is removed from traffic and 20 penalty points are recorded on the driver’s record.

2- What is The Legal Nature of Refusing an Alcohol Test, and What Critical Mistakes Are Made?

With this aggravated rule the legislator aimed to prevent drivers from escaping criminal and administrative liability by avoiding the technical measurement in Turkey.

1. An administrative offence that requires no specific alcohol level: The most striking feature of the sanction for refusing the test is that, regardless of whether the driver in fact has alcohol in the blood, it is applied of the authorities’ own motion solely because of the act of “obstructing or refusing the measurement”.
2. The driver’s own statement carries no weight: A statement by the driver along the lines of “I have not been drinking, so I am not going to blow” is not accepted as a legal justification. The moment the measurement is refused, the heavy sanctions regime in HTL Art. 48/9 comes directly into play.

Rather than refusing to blow into the technical device at the moment of the check, the legally correct course for drivers is to undergo the measurement, not to avoid signing the printout from the breath test device and, where they object to the device or to the result, to go immediately to the nearest hospital and have a blood test.

This is because, in the case law of the Court of Cassation and the Council of State, blood test reports obtained privately from a hospital after the breathalyser has been refused are not on their own enough to remove the penalty under HTL Art. 48/9 (the penalty for refusing the test).

WHEN DOES DRUNK DRIVING BECOME A CRIMINAL OFFENCE IN TURKEY?

Driving under the influence of alcohol, where the blood alcohol level rises above certain legal thresholds or where a concrete situation or accident that endangers road safety occurs, goes beyond the administrative offence (kabahat) level and becomes a criminal offence. Criminal proceedings and the provisions of the Turkish Penal Code No. 5237 (TPC) then come into play.

• The Offence of Endangering Road Safety (TPC Art. 179) And Its Conditions

The offence of “endangering road safety”, laid down in TPC Art. 179/3, is an offence of concrete endangerment. Under Turkish criminal law, punishment of the perpetrator does not require a concrete accident or damage to have occurred; it is enough that the driver takes to the road having lost the ability to drive safely.

1. Mental element: As a rule, the offence is one that can only be committed intentionally. It is enough for intent that the driver takes to the road knowing that he or she has been drinking and having lost the ability to drive safely.
2. Length of the sentence: Under TPC Art. 179/2-3, a person who drives under the influence of alcohol to the point of losing the ability to drive safely faces a prison sentence of 3 months to 2 years.

• Which Per Mille Level Counts Directly As a Criminal Offence? (Threshold Values)

• Negligent Injury And Negligent Homicide (TPC Arts. 85 and 89)

If bodily injury or a fatal accident results from drink driving, then in addition to HTL Art. 48 and TPC Art. 179, TPC Art. 89 (negligent injury) or TPC Art. 85 (negligent homicide) applies.

According to the settled case law of the Court of Cassation, where an accident occurs while the blood alcohol level is 1.00 per mille or above, or where the driver is found to have lost the ability to drive safely, the act is treated as having been committed with “conscious negligence”.

1. Increase in the sentence: Where there is conscious negligence, the prison sentence is increased by between one third and one half under Turkish criminal law.
2. No conversion into a fine: In offences of causing death with conscious negligence, the prison sentence cannot be converted into a judicial fine.

Retrograde calculation (retrograde analysis) in the practice of the Court of Cassation:

In the settled decisions of the Criminal Chambers of the Court of Cassation, where there is a time difference between the moment of the incident and the time of the alcohol measurement, a retrograde calculation is made on the basis of the average rate at which alcohol leaves the blood (0.15 per mille per hour). Where a forensic medicine or expert report establishes that the level at the moment of the accident was above 1.00 per mille, the rules on conscious negligence are applied.

• Is Suspension of The Announcement of The Verdict (HAGB) Possible in Turkey?

In the offence under TPC Art. 179 (endangering road safety), where the defendant has no earlier conviction for an intentional offence, where the court forms a favourable view and where the statutory conditions are met, a decision on suspension of the announcement of the verdict (HAGB) may be given under Turkish law. In fatal accidents and cases of conscious negligence, by contrast, in offences of causing death by drunk driving, the sentence imposed for conscious negligence usually exceeds 2 years, so that HAGB is legally unavailable.

CAN A DRUNK DRIVING PENALTY BE CHALLENGED IN TURKEY?

Legal remedies are available against the administrative fine report and the seizure (withdrawal) of the driving licence drawn up by the traffic police on the ground of drink driving in Turkey. Where an objection is made in proper form and on well-founded grounds, the administrative measures can be annulled.

• The Competent Court And The Time Limit For An Appeal in Turkey

For an administrative monetary fine and a seizure of the driving licence imposed because of drink driving, an application seeking annulment of the report must be made to the Criminal Judgeship of Peace in Turkey. The court with jurisdiction is the Criminal Judgeship of Peace for the place where the penalty was issued.

The time limit for an appeal against the penalty is 15 days from the date on which it was pronounced to the driver in person or served at his or her address. This is a strict time limit, and once it has passed the administrative sanctions become final.

• On What Legal Grounds Can a Breath Test Measurement Be Challenged in Turkey?

The main legal grounds that stand out in the annulment decisions given by the Criminal Judgeships of Peace in Turkey are the following:

1. Lack of device calibration: The periodic calibration date of the breath test device used for the measurement has expired, or the periodic maintenance card for the device cannot be produced to the file.
2. Margin of error at the per mille limit (tolerance margin): Where the measurement comes out only slightly above the legal limit (for example in the 0.51 – 0.53 per mille range in a private car), the deviation or tolerance margin of 5% to 10% accepted for technical devices must be assessed under Turkish law in the driver’s favour.
3. Contradiction between the blood alcohol level and the device measurement: An inconsistency between the result of the technical device and the blood test given at an official health institution immediately after the measurement with the breath analysis device (on police referral or by going there at once).
4. Procedural and formal defects: The measurement report lacks the signature of the authorised officer, contains errors of time or date, or no copy of it is handed to the driver.

• What Must An Objection Petition Contain?

In the objection petition to be submitted to the Criminal Judgeship of Peace against the administrative monetary fine imposed for drink driving and the other sanctions;

1. The date and the serial/sequence number of the administrative monetary fine and driving licence seizure report,
2. A detailed account of the moment of the incident and the allegations of irregularity,
3. The forensic blood test report obtained from a health institution, if there is one,
4. A request that the calibration documents for the device be obtained from the traffic team,
5. Precedent decisions of the police authorities, the Court of Cassation or the Council of State, or annulment decisions of the Criminal Judgeship of Peace,

must be clearly set out.

HOW DOES THE PROCESS OF GETTING THE DRIVING LICENCE BACK WORK IN TURKEY?

Where a driving licence has been temporarily withdrawn (seized) because of drunk driving, certain statutory conditions must be met before it can be returned once the administrative seizure period has run. The licence does not become active again by itself or automatically as soon as the period ends; the driver must apply in person and satisfy the conditions under Turkish law.

• How to Apply To Get The Driving Licence Back in Turkey, And The Competent Authority

The driver’s licence is never returned in Turkey before the statutory seizure period laid down in Law No. 2918 (6 months, 2 years or 5 years) has run in full. Once the seizure period has ended, drivers may apply with a petition and the necessary documents to the nearest Traffic Registration / Traffic Inspection Branch Office. It is no obstacle to the application that the province or district where the licence was first handed over is different from the place of residence.

• Is The Driver’s Licence Returned Before The Administrative Fine Has Been Paid in Full?

Under Highway Traffic Law No. 2918, before a temporarily withdrawn driving licence can be returned, the administrative fine imposed for the conduct, together with any other traffic fines, must have been paid in full.

Administrative fines that are not paid within the time limit become final and are transferred to the tax office. From that point on the debt is collected under Law No. 6183, with late payment interest and through enforcement or electronic attachment. As long as the debt is not cleared, however, the licence cannot lawfully be returned in Turkey.

• Are a Health Report, SÜDGE and a Psychotechnical Assessment Required?

The conditions required under Turkish law vary according to the reason why the licence was withdrawn and how many times the offence has been repeated:

1. 1st time caught (6-month seizure): It is enough that the period has run and the traffic fine has been paid. No additional health report or training is required.
2. 2nd time caught (2-year seizure): Before the driver’s licence can be returned, in addition to payment of the fine the driver must have successfully completed the Driver Behaviour Development Training (SÜDGE) run by the Ministry of Health.
3. 3rd and subsequent times caught (5-year seizure): Even if the fine has been paid at the end of the 5-year period, the driver must pass a psychotechnical assessment and an examination by a psychiatrist and obtain a “there is no objection to driving” report from a medical board.
4. Where 100 penalty points are reached: Drivers who reach 100 penalty points within 1 year, including through a drink driving offence, are additionally subject to a psychotechnical assessment.

DOES A DRUNK DRIVING PENALTY MEAN RETAKING THE DRIVING TEST IN TURKEY?

As a rule, temporary withdrawal (seizure) of the driving licence does not create any obligation to retake the driving test. Where the administrative measure period has been completed, the traffic fine has been collected and the additional requirements laid down by Turkish legislation (SÜDGE training or a psychotechnical assessment) have been met, the driver’s licence is returned to its holder.

For probationary drivers, by contrast, the zero tolerance principle means not temporary withdrawal of the driving licence but outright cancellation. Where the licence has been cancelled, it is a legal requirement that the person enrol at a motor vehicle driving school from scratch and pass the theory and practical tests again before holding a driver’s licence once more.

INSURANCE LAW AND EXCLUSIONS FROM COVER IN ACCIDENTS INVOLVING DRINK DRIVING

In traffic accidents that occur as a result of drunk driving, the extent of insurance cover is subject to separate legal regimes in Turkey for compulsory financial liability (traffic) insurance (ZMM) and comprehensive motor (kasko) insurance.

1. Compulsory Financial Liability (Traffic) Insurance And The Right of Recourse

Under the General Conditions of Compulsory Motor Third Party Liability Insurance, traffic insurance is required in the first place, under Turkish law, to compensate the bodily and material losses of injured third parties within the policy limits. After paying compensation to the victim, however, the insurer is entitled against its own insured or against the drunk driver to a right of recourse (to recover the amount paid).

The causal link (exclusivity) principle:

According to the settled case law of the Court of Cassation, before an insurer can exercise a right of recourse on grounds of alcohol in an accident, or refuse cover under a kasko policy, the accident must have occurred solely (exclusively) under the influence of alcohol; this is an absolute condition. Where it is not exclusively alcohol but external factors such as the primary fault of the other party, a defect in the road or adverse weather conditions that are decisive in how the accident came about, the mere fact that the driver had been drinking does not give the insurer a right of recourse.

2. The Liability of Comprehensive (kasko) Insurance

Under the General Conditions of Comprehensive Motor Insurance, damage occurring while the vehicle is being driven exclusively under the influence of alcohol is excluded from cover. On that basis the kasko insurer is entitled to refuse to pay for the damage to the drunk driver’s own vehicle. In proceedings before the Turkish courts, the existence of a causal link must be proved with concrete data by forensic medicine and neurology or traffic expert witnesses.

• The Right of Injured Third Parties To Claim Directly Against The Driver And The Owner

Third parties injured in a traffic accident (the casualties) may, for losses exceeding the insurance limits or for claims of non-pecuniary damages, and within the framework of the tort provisions of the Turkish Code of Obligations No. 6098 and the operator and driver liability provisions of Law No. 2918:

1. Against the drunk driver (the actual perpetrator),
2. Against the operator or owner of the vehicle (jointly and severally liable),

bring a direct claim for pecuniary and non-pecuniary damages. The fact that the driver had been drinking is one of the main matters that aggravate the degree of fault in tort and are taken into account when the amount of damages is set under Turkish law.

DOES A DRUNK DRIVING PENALTY GO ON THE CRIMINAL RECORD IN TURKEY?

Whether the sanctions applied for drink driving are entered on the criminal record depends on the legal nature of the conduct — that is, on whether it amounts to an administrative offence or to a criminal offence:

• Administrative fines and measures: Decisions imposing administrative fines and the temporary withdrawal of the driver’s licence under Article 48 of Highway Traffic Law No. 2918 are administrative in nature. They are not entered on the criminal record; they are recorded only in the driver record system of the General Directorate of Security.

• TPC Art. 179 and criminal convictions: Where the blood alcohol level is above 1.00 per mille, or where the driver takes to the road having lost the ability to drive safely because of alcohol, and proceedings are brought under TPC Art. 179/2-3, convictions to a prison sentence or a judicial fine are entered on the criminal record once the decision becomes final.

Effects of a criminal record:

Convictions under TPC Art. 179 can be moved to the archive record or deleted under the criminal records legislation once the conditions for this are met. Those criminal and archive records are nevertheless taken into account, within the framework of public order and the legislation, in appointments to the civil service and in entry to professions subject to a security investigation and an archive search (the bar, the bench, police duties and the like) in Turkey.

ARE THERE EXTRA LEGAL CONSEQUENCES OF DRUNK DRIVING FOR FOREIGN DRIVERS IN TURKEY?

Foreign nationals who drive within the borders of Turkey on either a national or an international driving permit are subject in exactly the same way to Law No. 2918 and to the Turkish Penal Code. For foreign drivers, alongside the administrative and criminal sanctions, serious consequences can also arise in terms of immigration law in Turkey:

1. Effect On Residence And Work Permit Applications

Being prosecuted or convicted under TPC Art. 179 is assessed under the “public order or public health” criteria of the Law on Foreigners and International Protection No. 6458 (LFIP). This can be a legal ground for refusing the foreign national’s work permit or residence permit applications or for cancelling existing permits.

2. Risk of Deportation (Deport)

Under Turkish legislation, where drink driving causes an accident with death or injury or leads to a conviction for a criminal offence that breaches public order, it is possible for a deportation decision (deport) to be taken against the foreign national under LFIP Art. 54, and for a restriction code banning entry to Turkey to be placed on his or her record.

WHAT ARE THE CRIMINAL CONSEQUENCES OF RESISTING A POLICE OFFICER AT AN ALCOHOL CHECK IN TURKEY?

Unlawful attitudes and behaviour towards police officers (police or gendarmerie) during a traffic check, aimed at obstructing the alcohol examination, constitute separate criminal offences under the Turkish Penal Code No. 5237 (TPC), entirely independently of the administrative sanctions in Law No. 2918.

1. Insulting a Public Officer (TPC Art. 125/3-a)

Where degrading words that harm the honour and dignity of the officer carrying out the alcohol check are used, the offence of insulting a public officer on account of his or her duty is committed in Turkey.

• Committing the offence of insult against a public officer on account of his or her duty is an aggravated form of that offence, and the lower limit of the sentence laid down in the Law cannot be less than 1 year.
• Being under the influence of alcohol is not accepted under the Turkish Penal Code (TPC Art. 34/1 – voluntary intoxication) as a ground that removes or reduces criminal capacity.

2. Resisting an Officer To Prevent The Performance of duty (TPC Art. 265)

Where an attempt is made to prevent the alcohol measurement by using physical force or threats against the officers carrying out the check, the offence of resisting an officer to prevent the performance of duty comes into play.

• For this offence the legislator has laid down a prison sentence of 6 months to 3 years in Turkey.
• Where the act is committed with a weapon, by more than one person together, or by persons who present themselves as public officers, the sentences are increased further still.

EXTRA LEGAL CONSEQUENCES OF DRINK DRIVING FOR PROFESSIONAL AND COMMERCIAL DRIVERS IN TURKEY

For professional drivers working with commercial vehicles, taxis, buses or lorries, or in goods and passenger transport, a finding of DUI also has direct and serious consequences for their freedom to work and their status under employment law.

1. Termination of The Employment Contract For Just Cause (Labour Law No. 4857, Art. 25)

Seizure of the driving licence under Law No. 2918 (6 months, 2 years or 5 years) makes it impossible for a commercial vehicle driver to perform the obligation undertaken in the employment contract (driving and operating the vehicle).

• Right to terminate for just cause: On the ground that the driver’s licence has been seized and the vehicle can no longer be driven, the employer may have the power under Labour Law Art. 25/II (situations contrary to the rules of morality and good faith and the like) or Art. 25/III (compelling reasons) to dismiss the driver without paying severance pay, notice pay or any other dismissal compensation, by terminating the employment contract for just cause. In that case, if the employer ends the worker’s employment contract with code number 25 as the SGK employment termination code, this will cause an unfavourable assessment when the worker applies for a new job.
• Assessment of the worker’s rights: Whether the termination rests on just cause, and the worker’s rights, are assessed according to the principles of employment law in Turkey, in the light of the driver’s duties at the workplace, whether the employment contract contains specific clauses on driving under the influence of alcohol, and the circumstances of the individual case.

2. The Position of Professional Competence (SRC) And Psychotechnical Certificates

For professional drivers whose driving licence has been seized as a result of drink driving, the authority to drive commercial vehicles is suspended administratively.

• For as long as the licence is withdrawn, the driver’s SRC certificates (SRC 1, 2, 3, 4 and the like) and psychotechnical assessment card become unusable in practice.
• For commercial drivers who wish to have their licence returned at the end of the administrative measure period, a return to the profession is not possible until the requirements laid down by Turkish legislation to complete SÜDGE and to obtain a medical board or psychotechnical report have been fully met.

WHY LEGAL SUPPORT MATTERS AGAINST DRUNK DRIVING SANCTIONS IN TURKEY

Where drink driving is alleged, the administrative measures and the criminal proceedings run at the same time on a complex legal footing. When it comes to preventing the loss of rights, identifying procedural defects and building an effective defence in the criminal case, taking legal support plays a decisive part in the driver’s financial, professional and criminal future.

1. Getting The Strict Time Limits And The Competent Authorities Right

Under the HTL, the 15-day period for an appeal against the administrative fine and the seizure of the driving licence is a strict time limit. Where this period, which starts to run from the date of service or pronouncement, is missed, or the matter is left unpursued before an authority that has no jurisdiction, the administrative sanctions become final even if there was police irregularity or a fault in the technical device in the particular case. Following the process with a lawyer before the Turkish courts prevents the loss of rights by correctly identifying the dates of service and the Criminal Judgeship of Peace with jurisdiction.

2. Identifying Procedural Irregularities in The Breath Test Device And The Police Reports

The periodic calibration cards of the technical device used for the measurement, the authority of the police officers, the deviation and tolerance rates of the device, and the time and per mille inconsistencies between the roadside measurement and the hospital blood test reports call for both a technical and a legal examination. Presenting the factual or procedural errors in the reports to the courts within the framework of precedent decisions lays the ground for annulment of the administrative fine and of the seizure of the driving licence in Turkey.

3. Criminal Charges Under The TPC

In traffic accidents involving damage, injury or death, TPC Art. 179 (endangering road safety) and TPC Arts. 85/89 (negligent homicide and negligent injury) are applied.

• Whether the conditions for conscious negligence (TPC Art. 22/3) are met,
• The retrograde (backward) alcohol calculation method for the interval between the time of the accident and the time of the measurement,
• The analyses of fault and the causal link in the reports of the Council of Forensic Medicine and of traffic experts,

all require a professional defence strategy. In cases of this kind, where liability can lead directly to a prison sentence and to an increased sentence, working with a lawyer from the very start of the process prevents convictions that cannot afterwards be put right.

Although drunk driving looks like a simple administrative offence under Highway Traffic Law No. 2918, in cases of a high per mille level, repeat offending, refusal of the test or an accident it produces wide-ranging criminal and financial consequences under the TPC, the Code of Obligations and the Labour Law. Following the process within the statutory time limits and with a joined-up approach at both the administrative and the criminal stage is of vital importance both for annulment of the administrative sanctions and for obtaining a favourable result in the criminal case in Turkey.