DUI / drunk-driving lawyer in Hungary – English-speaking criminal defense, 0–24

Warning: Hungary has a zero-tolerance limit

• Hungary applies zero tolerance: you may not drive a motor vehicle with any amount of alcohol in your body.
• Above 0.50 g/l blood alcohol or 0.25 mg/l breath alcohol: criminal offence (Section 236 of the Hungarian Criminal Code).
• Below this limit: administrative fine.
• In many countries a certain amount of alcohol is tolerated; in Hungary it is not. Many foreign drivers are unaware of this difference.

What penalty can you face for DUI in Hungary?

• 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: 5 to 10 years

Where the law provides for a maximum of 3 years’ imprisonment, the court may impose a fine, community service or other penalties instead. A driving ban is in principle mandatory, so its length is one of the most important issues for the defence.

What happens after you are stopped?

• Testing: if the roadside breath test is positive, it is followed by a measurement with an approved device or a blood sample. Only the latter count as evidence.
• Driving licence: the police can seize your licence on the spot. Ask us what this means in your case, including for a foreign licence.
• Suspect interview: you have the right to an interpreter and the right to remain silent.
• Outcome: many cases end without a court hearing, with a written penal order (büntetővégzés). A hearing can only be requested within a short deadline.

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.
• Ask for copies of the test results and the official records.
• Write down what you drank, when, and when you drove.
• If you have received 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 check that the measurement and the taking of samples were lawful
• 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

Which vehicles and places does it cover?

Section 236 of the Hungarian Criminal Code is not limited to cars. Drink-driving (DUI) is a criminal offence:

• on public roads and on private roads open to traffic (for example a shopping centre car park) with any motor vehicle: car, motorcycle, moped or tractor;
• with a railway vehicle, an aircraft or a motorised vessel, for example a motorboat;
• according to Hungarian case law, also with an electric bicycle powered by a motor of up to 300 W (Supreme Court, Bfv. II.623/2011/5).

Riding an ordinary bicycle or another non-motorised vehicle while drunk is a criminal offence only if it causes serious bodily harm or worse; otherwise it may be fined.

Driving the morning after: when is the alcohol gone?

Many cases start not at night but the next morning. Blood alcohol falls on average by only about 0.1–0.15 per mille per hour, and this cannot be physiologically sped up: contrary to popular belief, coffee, a cold shower, exercise or drinking lots of water do not help. Your individual rate also depends on sex, body weight and build, food, the condition of your liver and genetics, so after a long evening you can still be over the limit in the morning.

Because of Hungary’s zero tolerance there is no “safe” amount after which you may lawfully drive. Calculators and tables only give rough estimates and are not evidence. Estimated elimination times by type of drink: How long does alcohol stay in your body? For the defence, however, the timing of drinking and of the test matters: if the result is close to the limit, an expert can assess what your blood alcohol level may have been when you were actually driving.

Drink-driving and accidents

If drink-driving leads to an accident, the case becomes much more serious: higher penalties apply depending on the injuries, and other offences may arise, such as causing a road accident. Leaving the scene of an accident is a separate criminal offence in Hungary. In such cases it is especially important to speak to a defence lawyer before the suspect interview. More: traffic accidents – defence lawyer.

Driving ban: what to expect

The court imposes the driving ban for a fixed period or permanently. Its length depends on the circumstances: the measured alcohol level, any accident, your previous driving record, and whether you need to drive for work. Your lawyer can raise these points already during the investigation.

Driving while banned is a further criminal offence. After the ban expires, additional official conditions may apply before you can drive again in Hungary.

What fines and driving bans do Hungarian courts actually impose, and what makes the penalty stricter or lighter? We show this based on selected cases: Drink-driving penalties in Hungary: a practical overview.

Frequently asked questions

Can I be prosecuted in Hungary if I live abroad?

Yes. An offence committed in Hungary is dealt with by the Hungarian authorities. We can represent you and keep you informed in English.

What is the drink-driving limit in Hungary?

Any amount of alcohol is prohibited when driving. Above 0.50 g/l in the blood or 0.25 mg/l in the breath it is a criminal offence; below this limit an administrative fine applies.

Can I go to prison?

The law provides for up to 2 years’ imprisonment for the basic offence, but the court may impose a fine or community service instead. If an accident with injuries occurred, the penalties are higher.

How much can I drink if I want to drive afterwards?

Nothing. Hungary has zero tolerance: any detectable alcohol is an infringement, and above 0.50 g/l in the blood or 0.25 mg/l in the breath it is a criminal offence.

What if my result is only slightly over the limit?

With a result close to the limit, the measurement itself deserves close scrutiny: the calibration of the device, the circumstances of the test, the time the blood sample was taken and the back-calculation method. In some cases the matter may continue as an administrative infringement rather than a criminal offence.

Does a Hungarian driving ban apply to my foreign licence?

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.

Does drink-driving become time-barred?

The limitation period is the maximum penalty, but at least five years (Section 26 of the Criminal Code), so five years for the basic offence. Procedural steps taken by the authorities interrupt it, so in practice it rarely decides a case.

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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)

See also: Drug-driving in Hungary · Drink-driving under Hungarian criminal law · Penalties in practice · Traffic accidents · Detained or arrested in Hungary · Hungarian version