Drunk driving is a serious offence that poses a significant risk to public safety. It is essential to understand the penalties associated with such actions to deter individuals from engaging in this dangerous behaviour. This article will explore the penalties for drunk driving in Turkey and shed light on the importance of seeking legal assistance in drunk driving cases.
Understanding Drunk Driving
Drunk driving refers to operating a motor vehicle while under the influence of alcohol or narcotics that impair one’s ability to drive safely. It is a reckless act that endangers the lives of both the driver and others on the road. To combat this issue, countries around the world, including Turkey, have implemented strict laws and penalties to discourage and punish those who engage in drunk driving.
Drunk Driving Laws In Turkey
In Turkey, several laws and regulations are in place to address the issue of drunk driving and ensure road safety. In Turkey, the main legislatures on the subject are Highway Traffic Law No. 2918, Highway Traffic Regulation and Turkish Penal Code in certain situations.
Blood Alcohol Concentration (BAC) Limits
Turkey has set specific limits for blood alcohol concentration (BAC) to determine whether a driver is intoxicated.
According to Art. 97, Highway Traffic Regulation
Drivers who have taken drugs or stimulants and private car drivers whose blood alcohol content is above 0.50 promil and drivers of other vehicles with a blood alcohol content of more than 0.20 promil are prohibited from driving on the highway.
With reference to this, in Turkey, commercial vehicle drivers and public service drivers are prohibited from driving with alcohol over 0.20 Promil, while the legal limit for other drivers is 0.50 Promil, which is equal to half a gram of alcohol per litre of blood.
What does Promil Mean?
The term “promil” is short for “per mille” or “parts per thousand.” It is a unit of measurement used to express a ratio or proportion equivalent to one-thousandth (1/1000) of a whole. It is commonly used in contexts such as blood alcohol concentration (BAC), where the amount of alcohol in a person’s blood is measured as a percentage of the total blood volume. In many countries, the legal limit for driving under the influence is often stated as a maximum blood alcohol concentration of 0.5 promil, which means 0.5 grams of alcohol per 1000 grams of blood.
Penalties For Drunk Driving
Drunk driving in Turkey carries both administrative and criminal penalties and sanctions under the legislation we mentioned above.
Administrative penalties for drunk driving in Turkey focus on license suspension, vehicle confiscation, and fines.
According to Article 48/5, Highway Traffic Law No. 2918
An administrative fine is imposed on drivers found to be driving with alcohol over 0.50 promil, even if it constitutes an actual crime, and their driver’s license is withdrawn for six months. The promil bottom limit is applied as 0.21 Promil for drivers using vehicles other than private cars with alcohol. The person whose driver’s license has been withdrawn due to drunk driving, within five years backwards from the date of the violation; for the second time; again an administrative fine is imposed and the driver’s license is withdrawn for two years; for three or more times; an anew administrative fine is imposed and the driver’s licenses are withdrawn for five years each time.
According to Article 17/7 of Misdemeanors Law no 5233
administrative fines are applied by increasing the revaluation rate determined and announced in accordance with the provisions of the repeated article 298 of the Tax Procedure Law, effective from the beginning of each calendar year. For 2023; related administrative fines are below.
So administrative sanctions for drunk driving divided into mainly two groups are briefly below:
In five years backwards; The driver’s license is taken back for six months for the first time, two years for the second time, and five years for three or more times. Additionally, to give back their licences, drivers confiscated for two years are subject to driver behaviour development training and those confiscated for five years are subject to the psycho-technical evaluation and examination by a psychiatrist.
Fines (As of 2023):
An administrative fine of 4.064 TL (3.048 TL TL with 25% Discount) for the first time, 5.096 TL (3.822 TL with 25% Discount) for the second time, 8.190 TL (6.142,50 TL with 25% Discount) for three or more times is applied.
According to Article 48/8, Highway Traffic Law No. 2918
An administrative fee of 20.977 Turkish Liras is applied for drivers found to have taken drugs or stimulants and the driver’s license is confiscated for five years.
Also According to Article 48/9, Highway Traffic Law No. 2918
Drivers who do not accept the use of technical devices by law enforcement in order to determine whether drugs or stimulants are used or the amount of alcohol in the blood are given an administrative fine of 11.645 Turkish Liras and their driver’s license is withdrawn for two years. It is used for refusing to blow on the breathalyzer.
In addition to administrative penalties, drunk driving in Turkey can also result in criminal charges, leading to imprisonment. According to Article 48/5 of Law no. 2918; Article 179 of the Turkish Penal Code specifically finds an application area for those who are found to be drunk above 1.00 promil or who cause a traffic accident with alcohol above the legal limits. And related articles of the Turkish Penal Code may be applied jointly in cases of reckless killing or injury, damaging property and using narcotics or psychotropic substances etc…
According to Article 179/2,3 of the Turkish Penal Code
Any person who directs and controls a land, sea, air or railway transportation vehicle such as to risk the life, health or property of others shall be sentenced to a penalty of imprisonment for a term of up to two years.
Any person who uses a vehicle and is unable to direct or control such safely due to the influence of alcohol or narcotics shall be sentenced in accordance with the provisions of the above paragraph.
Consequences For Foreigners
Foreigners who commit the offence of drunk driving in Turkey may face additional consequences and considerations beyond the penalties mentioned above.
Impact on Residency Permits
Foreigners residing in Turkey with a valid residence permit should be aware that a drunk driving conviction can have implications for their residency status. Depending on the circumstances and the severity of the offence, it may result in the revocation or non-renewal of the residence permit.
A drunk driving conviction can have immigration consequences for foreigners who plan to visit or stay in Turkey. Certain countries may deny entry or impose restrictions on individuals with a criminal record, including offences related to drunk driving.
The Role Of Drunk Driving Accident Lawyers
Drunk driving accidents can have devastating consequences, leading to injuries, fatalities, and property damage. In such cases, seeking legal representation from a drunk driving accident lawyer is crucial.
Drunk driving accident lawyers specialize in handling cases related to accidents caused by intoxicated drivers. They provide legal guidance, represent their client’s interests, and ensure that their rights are protected throughout the legal process.
Seeking Compensation for Victims:
Drunk driving accident lawyers also assist victims in seeking compensation for their injuries, medical expenses, property damage, and emotional distress. They work to hold the responsible party accountable and help victims recover the damages they are entitled to.
How To Choose A Drunk Driving Accident Lawyer
When selecting a drunk driving accident lawyer, it is essential to consider various factors to ensure you have the best legal representation for your case.
Experience and Expertise:
Look for lawyers with extensive experience in handling drunk driving accident cases. They should have a deep understanding of the legal complexities surrounding these cases and be equipped with the knowledge to navigate them effectively.
Evaluate the lawyer’s track record of successfully representing clients in drunk driving accident cases. A strong track record indicates their ability to achieve favourable outcomes for their clients.
Read client reviews and testimonials to gain insight into the lawyer’s professionalism, communication skills, and overall client satisfaction. Positive reviews from previous clients can be a good indicator of a lawyer’s competence and dedication.
Contact Now Our Drunk Driving Accident Lawyer
Our crew will fight relentlessly to protect your rights and secure the compensation you deserve, helping you rebuild after a drunk driving accident. Choose us for unwavering support and expertise in your corner.
Drunk driving is a dangerous act that can result in severe consequences, both for the individuals involved and innocent bystanders. Understanding the penalties associated with drunk driving in Turkey is essential to promote road safety and discourage this reckless behaviour. If you or someone you know has been a victim of a drunk driving accident, seeking the legal service of a qualified drunk driving accident lawyer can help protect your rights and seek rightful compensation.
FAQS (FREQUENTLY ASKED QUESTIONS)
- Can I drive after consuming any amount of alcohol?
Drivers who have taken drugs or stimulants and drivers who are intoxicated are prohibited from driving on the highway. Certain promil limits and repetition of action may cause drivers to encounter administrative or criminal charges accordingly. Over 0.5 promil is the legal limitation for administrative charges, and over 1.0 promil is for criminal charges.
Approximately; driver, who drinks 1 double raki, whiskey, vodka or 2 glasses of wine, 2 glasses of beer, may have consumed an amount of alcohol corresponding to 0.5 promil.
- How long can my license be suspended for a drunk driving offence?
It depends on the repetition of the action in a certain period. In five years backwards; The driver’s license is taken back for six months for the first time, two years for the second time, and five years for three or more times.
- What happens if I refuse to take a breathalyser test?
Drivers who refuse to take a breathalyser test, are given an administrative fine of 11.645 Turkish Liras and their driver’s license is withdrawn for two years.
- Can I be charged with drunk driving if I was below the legal BAC limit?
Below 0.5 promil for driving private cars or below 0.21 promil for driving other than private cars as vehicles for public or commercial usage causes no administrative or criminal charges in Turkey.
- How much compensation can I receive in a drunk driving accident case?
Administrative fines aside, it differs on the case and the damage caused by drunk driving. For example; intoxicated drives damage a traffic sign, have to indemnify the public; but if any injury or death occurs the driver may have to compensate the injured or the dependents of the victim.
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