Driving After Alcohol Consumption: What Every Driver Should Know
Driving a motor vehicle after consuming alcohol is one of the most common offences, and the consequences can be extremely severe. The law provides for strict sanctions, and case law sets clear criteria for when “driving” is deemed to have occurred, what rights the driver has during a check, and what follows if the driver refuses to undergo testing.
This article examines cases where the established blood alcohol concentration exceeds 1.2‰, which constitutes a criminal offence under the Criminal Code. A concentration between 0.5‰ and 1.2‰ is an administrative offence.
How Alcohol Concentration Is Established – Field Test and Blood Sample
The check begins with a field test using a technical device (breathalyzer). If the breathalyzer indicates 1.2‰ or more, the driver is directed to a medical examination and blood sampling. The blood sample has evidentiary priority and ultimately determines whether a criminal offence has been committed.
If there is a reasonable assumption that the initial blood sample is inaccurate or compromised, the control blood sample may also be tested. It serves as an additional safeguard for the reliability of the results and may be decisive when contesting the accusation.
A refusal by the authorities to provide a blood test or to examine the control sample when justified may lead to the annulment of the penalty decree or the conviction.
When Is There “Driving a Motor Vehicle”?
Case law accepts that “driving a motor vehicle” includes all actions or omissions involving the mechanisms and controls of the vehicle when they create a risk of harmful consequences—regardless of whether the vehicle is stationary or moving.
Driving is deemed to exist when:
- the engine is running;
- the vehicle is prepared for departure;
- a manoeuvre or minimal movement is performed;
- the driver exercises actual control over the vehicle.
Therefore, if a person is in the driver’s seat with the engine running, even if the vehicle is not moving, this is considered driving. The reason is that there is already a real risk that the vehicle may move and cause harmful consequences.
Penalties for Driving with More Than 1.2‰ Alcohol
When it is established that the driver’s blood alcohol concentration exceeds 1.2‰, the act constitutes a criminal offence, and the law provides for the following sanctions:
- Imprisonment (usually suspended)
The court typically suspends the sentence for a probationary period. If another offence of a general nature is committed during this period, both sentences are served effectively.
- Fine
A fine is imposed, the amount of which depends on the specific case. It may be reduced or even waived depending on the circumstances and the evidence collected.
- Disqualification from Driving
The period:
- cannot be shorter than the term of imprisonment;
- must exceed it by one to five years.
Example: For an 8‑month suspended sentence → the driving ban is at least 1 year and 8 months and up to 5 years and 8 months.
- Confiscation of the Vehicle
The vehicle used to commit the offence:
- is confiscated in favour of the state if owned by the driver;
if not, the driver pays its monetary equivalent.
- Court Costs
The convicted person pays the costs of the criminal proceedings.
Can a Driver Refuse an Alcohol Test?
Yes, but the law provides sanctions in this case as well.
A driver who refuses:
- a test with a technical device (breathalyzer), and/or
- a medical examination and blood sampling,
is punished with:
- a 2‑year driving ban, and
- a fine of €1022.58 (2000 BGN).
Refusal to provide a sample is an independent administrative offence and is punishable even if the driver has not consumed alcohol.
Criminal Liability for Repeated Refusal
If a driver has already been administratively punished for refusal and refuses again, they incur criminal liability, and the sanctions may include:
- imprisonment,
- a fine,
- disqualification from driving.
Every case is individual and requires a thorough analysis of its specific circumstances in order to choose the most appropriate defence strategy.
In some cases, the proceedings may end with a plea agreement, which enters into force immediately. In such cases, the participation of defence counsel is mandatory.
If you need assistance or consultation regarding a specific case, you can contact us.