The Road Safety Laws 1986 to 2012 include, inter alia, the regulations concerning driving under the influence of alcohol.
First of all, alcohol consumption limits are set and they are:
- 22 millionths of a gram of alcohol per 100 milliliters of exhalation; or
- 50 milligrams of alcohol per 100 milliliters of blood
Then it becomes clear that anyone who drives or attempts to drive any vehicle on a road or at other public places having consumed a quantity of alcohol, the proportion of which – in breath or in the blood - exceeds the specified limits, is guilty of an offense.
Exhaled breath is measured with devices. The legislation provides for two measurements: a preliminary breathalyzer test and a final test of breathalyzer samples. Measurements are carried out by the police.
The police are entitled to request a breathalyzer sample for a preliminary test. It should be noted that if someone refuses or refuses to give a breath sample, he is guilty of an offense and the police are entitled to arrest him without a court order if they have reasonable suspicion that there is alcohol in his body.
It should be noted that if someone refuses or refrains from giving a breathalyzer sample, they are guilty of an offense and the police are entitled to arrest them without a court order if they have reasonable suspicion that there is alcohol in their body.
To investigate whether a person whose breathalyzer sample has been subjected to a preliminary test has committed the offense of drink-driving, the police may ask that person to give two breathalyzer samples for a final test, at least 10 minutes after the breathalyzer sample for the preliminary test had been given. If a breathalyzer sample is inappropriate for medical reasons, the police may request a blood sample for laboratory analysis.
If different indications for the amount of alcohol are recorded during the final test of the two breathalyzer samples, the lowest indication shall be taken into account. Here, too, it is stressed that if someone refuses to go to the place where there is the necessary technical equipment to conduct a final test or refuses or avoids giving a breathalyzer sample when requested, they are again guilty of an offense and the police must inform them accordingly.
Penalties for driving under the influence of alcohol have been modified in 2012 and they have been rated depending on the alcohol concentration recorded in the tests.
In particular:
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|
Alcohol ratio |
Penalties: |
|
|
Breath alcohol concentration μg=microgram |
In blood mg=Milligrams 1 mg=1000μg |
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|
α |
22 μg/100ml < Χ < 36μg/100ml ml=milliliter |
50 mg/100ml < Χ < 82mg/100ml |
Fine not exceeding one thousand euros (€1,000) |
|
β |
35 μg/100ml < Χ < 56μg/100ml |
80 mg/100ml < Χ < 127mg/100ml |
Imprisonment for a period not exceeding three months; or Fine not exceeding two thousand euros (€2,000) or All or any of the aforementioned penalties |
|
γ |
55 μg/100ml < Χ < 71μg/100ml |
125 mg/100ml < Χ < 161 mg/100ml |
Imprisonment for a period not exceeding three months; or Fine not exceeding three thousand euros (€3,000) or Driving license revocation or refusal for a period not exceeding six months; or All or any of the aforementioned penalties |
|
δ |
70 μg/100ml < Χ |
159 mg/100ml < Χ |
Imprisonment for a period not exceeding two years; or Fine not exceeding five thousand euros (€5,000) or Driving license revocation or refusal for a period not exceeding one year; or All or any of the aforementioned penalties |
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|
Refusal or avoidance to provide a breathalyzer sample |
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|
|
Alcohol ratio |
Penalties: |
|
|
Breath alcohol concentration μg=microgram |
In blood mg=Milligrams 1 mg=1000μg |
||
|
α |
23 μg/100ml – 35 μg/100ml ml=milliliter |
51 mg/100ml – 81 mg/100ml |
Fine not exceeding one thousand euros (€1,000) |
|
β |
36 μg/100ml – 55 μg/100ml |
81 mg/100ml – 126 mg/100ml |
Imprisonment for a period not exceeding three months; or Fine not exceeding two thousand euros (€2,000) or All or any of the aforementioned penalties |
|
γ |
56 μg/100ml – 70 μg/100ml |
126 mg/100ml - 160 mg/100ml |
Imprisonment for a period not exceeding three months; or Fine not exceeding three thousand euros (€3,000) or Driving license revocation or refusal for a period not exceeding six months; or All or any of the aforementioned penalties |
|
δ |
71+ μg/100ml Χ |
159+ mg/100ml |
Imprisonment for a period not exceeding two years; or Fine not exceeding five thousand euros (€5,000) or Driving license revocation or refusal for a period not exceeding one year; or All or any of the aforementioned penalties Refusal or avoidance to provide a breathalyzer sample |
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|
Refusal or avoidance to provide a breathalyzer sample |
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Out-of-court Settlement & Penalty Points
Based on the Extrajudicial Regulation of Offences (Amendment) Law of 2012 (Law 90(I)/2012 / publication date 3/7/2012), provisions were added to the Extrajudicial Regulation of Offences Law (Law 47(I)/1997), under which, for the first time, it is possible to have extrajudicial settlement for driving under the influence of alcohol, in cases where the proportion of alcohol in exhaled breath exceeds the limit of 22 μg/100ml (22 millionths of alcohol in 100 milliliters of expiration), but is less than 71 μg/100ml.
In addition, the Motor Vehicles and Traffic (Amendment) Law of 2012 (Law 109(I)/2012) amended Article 20A of Law 86/1972, in relation to the imposition of penalty points for driving under the influence of alcohol. Based on the same amending Law, it is now possible for the Court to impose penalty points, not only in the case of refusal or avoidance of a breathalyzer sample for the purpose of a preliminary test but also for the purpose of a final test (from 1 to 6 penalty points).
|
DRIVING UNDER THE INFLUENCE OF ALCOHOL |
EXTRAJUDICIAL FINE |
NO EXTRA JUDICIAL FINE ISSUED – PREPARATION TO REFER CASE TO COURT |
PENALTY POINTS FROM THE POLICE AND MINIMUM PENALTY POINTS BY THE COURT |
|
Breath alcohol concentration |
|||
|
23 μg/100 ml - 35 μg/100 ml |
100€ |
0 |
2 |
|
36 μg/100 ml - 55 μg/100 ml |
200€ |
2 |
4 |
|
56 μg/100 ml - 70 μg/100 ml |
300€ |
3 |
6 |
|
71 mg/100 ml and above |
MAXIMUM PENALTY POINTS FROM THE COURT |
3 |
6 |
|
Refusal or avoidance to provide a breathalyzer sample, for a preliminary or final test |
|
1 |
6 |