What Can You Expect If You Are Caught Drink-Driving?

A single poor decision can change your life forever. The consequences of drink-driving go far beyond the penalties themselves. If criminal proceedings have been initiated against you, it is therefore important to obtain appropriate legal assistance.

Zero-Tolerance Policy

Hungarian law follows a so-called zero-tolerance policy in relation to drink-driving. This means that there is no permitted level of detectable alcohol when driving. In other words, even the smallest amount of alcohol consumed before driving is prohibited.

When Does Drink-Driving Constitute a Criminal Offence, and When Is It an

Administrative Offence?

Drink-driving constitutes a criminal offence if the alcohol present in the driver's body results from the consumption of alcoholic beverages in an amount capable of producing a blood alcohol concentration exceeding 0.50 grams per litre or a breath alcohol concentration exceeding 0.25 milligrams per litre.

If the relevant blood alcohol and breath alcohol thresholds are not exceeded, the conduct does not constitute the criminal offence of drink-driving, although it may still constitute a regulatory or administrative offence.

What Penalties Can You Face for Drink-Driving?

If a person commits the basic offence of driving under the influence of alcohol, they can expect to face a fine and a driving ban.

The amount of the fine and the duration of the driving ban depend on the circumstances of each individual case. It is therefore difficult to determine the precise amount of the fine or the length of the driving ban without examining the specific facts.

A criminal fine is a financial penalty imposed by a court, requiring a person convicted of a criminal offence to pay a specified amount of money to the state.

How Is a Criminal Fine Calculated?

The imposition of a criminal fine involves two stages:

a) First, the court determines the number of daily units, taking into account the seriousness of the offence.

b) Second, the court determines the monetary value of each daily unit, taking into account the offender's financial circumstances and income.

The total fine is calculated by multiplying the number of daily units by the monetary amount assigned to each unit.

Driving Disqualification

A driving disqualification is a restrictive criminal penalty intended both to protect society and to prevent the risk of reoffending.

A person may be disqualified from driving if they:

1. Commit an offence by violating the rules governing driving subject to a licence; or
2. Use a vehicle to commit a criminal offence.

In cases of drink-driving, however, a driving disqualification is generally mandatory, subject to the exceptions provided by law.

Which Vehicles Can the Driving Ban Apply To?

A driving ban may apply to:

1. A specific type of transport, such as air, rail, water, or road transport; or
2. A specific category of vehicle.

For example, a bus driver who drives their private car while under the influence of alcohol at the weekend may be disqualified only from driving passenger cars, without the ban necessarily affecting their entitlement to drive a bus.

The scope of the disqualification depends on the court's decision and the circumstances of the case.

How Long Can a Driving Ban Last?

A driving disqualification may be imposed for a fixed period or for an indefinite period.

An indefinite disqualification may be imposed on a person who is considered unfit to drive. However, this does not necessarily mean that the disqualification is irreversible. Upon application, the court may grant relief from the disqualification if ten years have elapsed since it was imposed and the person has subsequently become fit to drive.

A fixed-term driving disqualification may last from one month to ten years.

The duration of the disqualification must include any period during which, in connection with the offence:

1. The person's driving licence was confiscated at the scene;
2. The person surrendered their driving licence to the competent authority; or
3. The immediate suspension of their driving entitlement was recorded in the relevant licence register at the scene.

When Is Driver Rehabilitation Training Mandatory? When Is It Not Required?

Being disqualified from driving does not automatically mean that a person must complete driver rehabilitation training, commonly referred to in Hungary as utánképzés.

The relevant legal framework is set out, among other legislation, in Act I of 1988 on Road Traffic. Under this legislation, driver rehabilitation training is required for a driver:

1. Who has been disqualified by a court or a regulatory authority for at least six months due to a road traffic offence;
2. Who has been disqualified from driving by a court for committing a road traffic crime; or
3. Whose driving licence has been withdrawn by the competent authority under the road traffic penalty points system.

A driving licence may only be returned once the individual has demonstrated that they have completed the required rehabilitation training.

When Is Driver Rehabilitation Training Not Required?

There are two principal exceptions under the relevant rules in which driver rehabilitation training is not required.

1. Disqualification limited to a particular vehicle category or type

Training is not required if the disqualification applies exclusively to a specific vehicle category or type and does not result in the withdrawal of the driving licence.

2. Withdrawal based exclusively on a specific penalty-points determination

Training is also not required where the competent authority withdraws the driving licence solely on the basis of the allocation of nine penalty points for an infringement subject to an administrative fine, as specified in the relevant implementing government decree governing the road traffic penalty points system under Act CXXVIII of 2000.

Whether either exception applies depends on the legal basis for the disqualification or licence withdrawal and the specific circumstances of the case.

Contact a Criminal Defence Lawyer

If criminal proceedings have been initiated against you for drink-driving, please contact me to arrange a legal consultation.

Professional legal assistance can help you understand the allegations against you, assess the potential consequences, and identify the appropriate defence strategy in light of the circumstances of your case.