A person who drives a motor vehicle on a public road while drunk commits a criminal offence – even if they endangered no one and caused no accident. A person is drunk if the alcohol in their body is capable of producing a blood alcohol concentration above 0.50 g/l or a breath alcohol concentration above 0.25 mg/l.
Typical situations
- a routine roadside check, a positive breathalyser test, then a blood test;
- police called after a minor collision or a parking accident;
- driving home “just a few blocks” after an evening out;
- driving the next morning before the alcohol has left the body;
- riding an e-bike or e-scooter while drunk.
What is the penalty?
| Case | Penalty |
|---|---|
| Drink-driving without consequences | up to 2 years |
| Causing grievous bodily harm | up to 3 years |
| Causing permanent disability, serious damage to health or a mass accident | 1–5 years |
| Causing death | 2–8 years |
| Causing the death of more than two people or a fatal mass accident | 5–10 years |
A driving ban is mandatory for drink-driving; it may be omitted only in cases deserving special consideration.
What does the defence look at?
- The measurement: the calibration of the breathalyser, the time of the blood test and the back-calculation method can all be examined. This is decisive for values close to the limit.
- Who was driving? If the vehicle was already stationary, the authorities must prove that the person was driving.
- The length of the ban: the defence often aims for the shortest possible ban, especially if the person drives for work.
- Fast-track procedure: in simple cases a penal order or a procedure based on admission may lead to a milder outcome – this is worth discussing with a lawyer.
Frequently asked questions
Will my licence be taken at the scene? The police typically withhold the driving licence at the scene; the final driving ban is decided by the court.
Is it a crime on an e-bike too? According to court practice, drunk riding of a bicycle powered by a motor of up to 300 W also falls under this offence.
What about driving under the influence of drugs? Driving under the influence of drugs or other mind-altering substances is a separate offence (driving in an intoxicated state).
Facing criminal proceedings in Hungary? Read more about your defence options and what to do next: Drink-driving – defence lawyer →
The full text of the relevant provisions of the Hungarian Criminal Code is available on the Hungarian version of this page. This article is for general information only and does not constitute legal advice.
About the author: Dr. László-Tamás Benő is a criminal defense lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defense lawyer since 2002, representing clients in more than 4,000 criminal cases. Contact →