Drug-driving in Hungary? English-speaking criminal defense lawyer, 0–24

If you have been stopped by the Hungarian police after a positive roadside drug test, your blood or urine has been sampled, or you have been summoned as a suspect for drug-driving, the first steps matter. Dr. László-Tamás Benő, criminal defense lawyer in Budapest, speaks English and can assist you anywhere in Hungary, day or night.

Dr. László-Tamás Benő: +36 70 379 0245 (0–24)

Call now: Dr. László-Tamás Benő

What counts as drug-driving in Hungary?

Under Section 237 of the Hungarian Criminal Code, it is a criminal offence to drive under the influence of a substance – other than alcohol – that adversely affects the ability to drive. It applies to motor vehicles on public roads and on private roads open to traffic, and also to railway vehicles, aircraft and motorised vessels.

The law does not list specific drugs: illegal drugs and certain medicines can both fall under it. Whether you were under such influence is always established with the involvement of a forensic medical expert.

What penalty can you face?

Basic offence: up to 2 years’ imprisonment
If serious bodily harm is caused: up to 3 years
Permanent disability, serious damage to health or a mass accident: 1 to 5 years
Death of a person: 2 to 8 years
Death of more than two people or a fatal mass accident: 5 to 10 years

With a non-motorised vehicle (for example an ordinary bicycle), drug-driving is a criminal offence only if it causes one of the consequences above. A driving ban is in practice almost always imposed alongside the main penalty.

What happens after you are stopped?

Roadside test: a saliva or similar quick test is only a screening tool.
Samples: blood (and often urine) samples are taken; the laboratory results and the forensic medical expert’s opinion are the decisive evidence.
Driving licence: the police can seize your licence on the spot.
Suspect interview: you have the right to an interpreter and the right to remain silent.
Drug possession: a positive test may also lead to questions about possession of drugs – see drug offences in Hungary.

What should you do now?

Do not make a statement until you have spoken to a lawyer.
Ask for an interpreter in your own language.
Tell us about any medicines you take, with prescriptions if possible.
Ask for copies of the test results and the official records.
If you receive a summons or a decision in Hungarian, send it to us immediately: the deadlines are short.

How we help

We explain every document and every step of the procedure in English
We examine the sampling, the laboratory analysis and the expert opinion
We assist you at the suspect interview
We argue for a lighter sentence and the shortest possible driving ban
We represent you in court, including on appeal

Frequently asked questions

I used cannabis days ago. Can I still be charged?

Traces of some drugs can remain detectable long after their effect has worn off. The offence requires driving under an influence that adversely affects driving ability, so the expert assessment of the samples is often the key question for the defense.

Can prescription medicines count?

Yes. The law covers any substance other than alcohol that adversely affects driving ability, which can include certain medicines. Whether that was the case is assessed by a forensic medical expert.

Does a Hungarian driving ban affect my licence at home?

The ban prohibits you from driving in Hungary regardless of which country issued your licence. Whether it has any effect in your home country depends on that country’s rules, so ask us about your specific situation.

Call us now, day or night

Dr. László-Tamás Benő: +36 70 379 0245

Office: Falk Miksa utca 4, mezzanine 4, 1055 Budapest (by appointment only)