Legal Aspects of Drinking and Driving: Penalties, Rights and Objections
Drinking and driving is a serious crime that endangers the lives of both the driver and other road users. In this article, we will discuss the legal aspects of drinking and driving, possible penalties, drivers’ rights and objection processes.
1. Definition of Drinking and Driving
Definition: Drinking and driving is when a driver drives a vehicle with a certain level of alcohol in their blood. In Turkey, this level is determined as 0.50 per mille.
Legal Basis: There are regulations regarding drinking and driving in the Highway Traffic Law No. 2918.
2. Penalties for Drinking and Driving
There are various penalties for drinking and driving. Here are the details of these penalties:
2.1. Administrative Fine
Process: If drinking and driving is detected, the driver is subject to an administrative fine.
Example: Drivers detected with 0.50 – 0.99 per mille alcohol level will be subject to an administrative fine of approximately 1,200 TL.
2.2. Temporary Suspension of the Driver’s License
Definition: If the driver drives under the influence of alcohol, his/her license may be revoked for a certain period of time.
Example: Drivers detected with 0.50 – 0.99 per mille alcohol level cannot drive without a license for 6 months.
2.3. Criminal Court Process
Status: If the alcohol level is 1.00 per mille and above, a criminal case may be filed against the driver.
Example: Drivers detected with 1.00 per mille alcohol level and above may be sentenced to 1 to 6 months in prison.
3. Drivers’ Rights
Drivers who drive under the influence of alcohol have various rights in the situations they encounter:
3.1. Right to Object to Alcohol Test
Definition: Drivers may object to the results of the alcohol test.
Example: A driver who thinks the test result is incorrect may go to the hospital to have the test done to appeal.
3.2. Right to Consult a Lawyer
Definition: Drivers have the right to retain a lawyer during administrative fines or criminal proceedings.
Example: A driver may receive legal support from a lawyer to defend himself/herself.
3.3. Right to Appeal Court Decision
Definition: A penalty decision given by the court may be appealed.
Example: A driver may appeal the court decision to a higher court.
4. Appeal Process
The steps to be followed to appeal a drunk driving penalty are as follows:
4.1. Preparing an Appeal Petition
Definition: The appeal process begins with a formal petition.
Example: The petition must include explanations that the alcohol test is invalid or that there is an unlawful situation.
4.2. Gathering Necessary Documents
Definition: The necessary documents must be prepared for the appeal.
Example: In addition to documents such as test results and police reports, supporting documents from the lawyer must also be attached.
4.3. Filing an Objection
Definition: The objection must be submitted to the relevant court or administrative authority.
Example: The driver must submit the documents along with the objection petition to the relevant authority within 30 days.
5.
Driving under the influence of alcohol poses great risks to both the driver and society. Therefore, it is very important to know and protect rights within legal frameworks. Drivers must be informed about the penalties and legal processes they face and defend their rights. It should not be forgotten that driving under the influence of alcohol not only creates legal problems, but also endangers lives.
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