Driving under the influence of alcohol is a serious offence that exposes drivers to significant legal sanctions.
How does the breathalyser work?
The breathalyser is the device used by the traffic police to check whether a driver has exceeded the permitted alcohol limits. The device operates as follows:
- The driver blows into the mouthpiece indicated by the police officer.
- The exhaled air enters the device’s chamber, where the sample is analysed.
- Within seconds, the screen displays the concentration of ethanol (mg/l) detected in the sample.
What are the permitted limits in the breathalyser test?
Under Article 42 of the Greek Highway Code (KOK), the permitted limit of alcohol consumption for a driver is set at 0.25 g per litre of exhaled air or 0.5 g per litre of blood. To put this in perspective, this corresponds approximately to: a large glass of beer, an almost full glass of wine, 60 ml of ouzo, or 55 ml of vodka.
However, for special categories of vehicles, such as: motorcycles, mopeds, public-use passenger vehicles (taxis – EDX), lorries with a weight exceeding 3.5 tonnes, school and other buses, ambulances, vehicles transporting dangerous goods, and vehicles of any category driven by a driver who has held a driving licence for less than two years, the following applies: the influence of alcohol is deemed high when it reaches 0.10 g/l of exhaled air or above when measured by a corresponding breathalyser device, or 0.20 g/l or above when measured by blood sampling.
What are the fines if you exceed the limits?
If a traffic police check reveals that you have consumed alcohol above the permitted limits, the following fines and sanctions apply.
| Breathalyser limits (alcohol concentration in blood) | Consequences |
| From 0.25 to 0.40 milligrams per litre of exhaled air measured by the special breathalyser device, or from 0.50 g/l to 0.80 g/l measured by blood sampling. | • Monetary fine of EUR 200 • Penalty points under the Point System: 5 • Vehicle immobilisation |
| Above 0.40 to 0.60 milligrams per litre of exhaled air when measured by a breathalyser device, or above 0.80 g/l up to 1.10 g/l when measured by blood sampling. | • Monetary fine of EUR 700 • Withdrawal of driving licence for 90 days • Penalty points under the Point System: 9 • Vehicle immobilisation |
| Above 0.60 milligrams per litre of exhaled air measured by the special breathalyser device, or above 1.10 g/l measured by blood sampling. | • Monetary fine of EUR 1,200 • Withdrawal of driving licence and vehicle number plates for 6 months • Imprisonment (misdemeanor) of at least 2 months • Vehicle immobilisation |
However, for special categories of vehicles, such as: motorcycles, mopeds, public-use passenger vehicles (taxis – EDX), lorries with a weight exceeding 3.5 tonnes, school and other buses, ambulances, vehicles transporting dangerous goods, and vehicles of any category driven by a driver who has held a driving licence for less than two years, the following applies: a) If it is established that this is not your first offence and you have again exceeded the breathalyser limits within 2 years of the first sanction, the penalties will be more severe. b) If the alcohol level is above 0.60 milligrams per litre of exhaled air, when measured by a corresponding breathalyser device, or above 1.10 g/l when measured by blood sampling, you will face a monetary fine of EUR 2,000, imprisonment of 6 years, withdrawal of driving licence for 5 months and withdrawal of vehicle number plates for 6 months.
What happens if you refuse the breathalyser test?
Refusing to take a breathalyser test results in an administrative fine of EUR 1,200, imprisonment of two months or more, and withdrawal of driving licence for six months. In essence, the driver who refuses is treated as having consumed alcohol and, more specifically, as having been found with an alcohol concentration exceeding 1.10 g/l. It must be emphasised here that the same penalty applies where a driver refuses to undergo blood sampling for the determination of alcohol limits.
What criminal liability arises from drink driving that causes an accident?
- See also the article Dangerous Driving
- See also the article Defamation
- See also the article Bodily Harm
- See also the article Narcotics
- See also the article Fraud
- See also the article Forgery
- See also the article Embezzlement
- See also the article Manslaughter (negligent)
- See also the article Tax Evasion
FREQUENTLY ASKED QUESTIONS ON DRIVING UNDER THE INFLUENCE OF ALCOHOL
1. What sentence do I face if I am arrested for drink driving?
The sanctions are graduated according to the alcohol concentration. From 0.25 to 0.40 mg/l of exhaled air, an administrative fine of EUR 200 and vehicle immobilisation are imposed. From 0.40 to 0.60 mg/l, the fine rises to EUR 700 with withdrawal of the licence for 90 days. Above 0.60 mg/l, in addition to a fine of EUR 1,200 and withdrawal of the licence and number plates for 6 months, imprisonment (misdemeanor) of at least 2 months is also imposed, meaning criminal prosecution under the flagrante delicto procedure. If an accident with injury or death is caused, the penalties become significantly more severe, with possible imprisonment (felony) of up to 10 years or more.
2. How is the flagrante delicto procedure handled in a drink-driving case?
When the measurement exceeds 0.60 mg/l, the act constitutes a misdemeanor and the driver is brought before the flagrante delicto procedure. The hearing takes place within 24-48 hours, by midnight of the day following the arrest. The defendant has the right to request a three-working-day adjournment to prepare the defence, in accordance with Article 423 §2 of the Code of Criminal Procedure (KPD). This adjournment is generally regarded as critical, as it allows the gathering of evidence, the challenging of the measurement and the preparation of requests for conversion or suspension of the sentence.
3. Can I challenge the breathalyser measurement?
The breathalyser measurement is not irrefutable evidence. As a rule, it is examined whether the device was duly calibrated and certified, whether the appropriate waiting time after consumption was observed, whether two measurements were taken at a reasonable interval and whether the operator followed the correct procedure. The driver is also entitled to request a blood test at a hospital for verification. Any procedural irregularities may lead to the result being challenged before the court, particularly where the measurement only marginally exceeds the thresholds for criminalisation.
4. Is it advisable to refuse the breathalyser test?
Refusal is generally not an advantageous choice. The law equates refusal with the most serious offence: an administrative fine of EUR 1,200, withdrawal of the driving licence for 6 months and imprisonment (misdemeanor) of at least 2 months are imposed. In other words, a driver who refuses is treated as having a concentration above 1.10 g/l of blood. The same treatment applies to refusal of blood sampling. Legal strategy in such cases is clearly more limited than in a case where there is a specific measurement that can be challenged on technical grounds.
5. Can the prison sentence be suspended or converted?
For sentences of imprisonment of up to 3 years, a defendant without a previous conviction may request suspension of the sentence under Article 99 of the Penal Code (PK) or conversion into community service under Article 81 PK. For sentences of up to one year, conversion into a monetary penalty is generally provided for. In addition, mitigating circumstances under Article 84 PK may be raised (prior honest life, sincere repentance, good conduct after the act), which significantly reduce the imposed sentence. Assessment of the appropriate strategy depends on the measured concentration, whether an accident occurred and the criminal record.
6. What is the role of a lawyer in a drink-driving case?
The lawyer represents the defendant from the stage of arrest and defence statement. They examine the lawfulness of the check, the accuracy of the measurement and compliance with procedural safeguards, request the 3 working-day adjournment in the flagrante delicto procedure, prepare the line of defence and submit applications for suspension, conversion or recognition of mitigating circumstances. Where an accident with injury or death is caused, triggering Article 290 PK with felony-level imprisonment, the role of the lawyer is critical for building a well-documented defence and limiting the criminal and civil consequences.