Driving after alcohol or drugs – Sliven and nationwide

When it is an offence and when it is a crime

At a lower alcohol concentration, driving is usually an administrative offence punished by a penalty decree; at a higher concentration, or when narcotic substances are present, it is a crime and a criminal case is opened. The exact line is set by law and affects everything else – from the penalty to the deadline and procedure for appeal.

What happens during a check

The authority usually starts with a test using a technical device (a breathalyser). If the result is positive, or if you refuse a test, you may be handed a form for a medical examination and a report may be drawn up. Your driving licence may be withdrawn temporarily. Every document you sign matters – read it and, if you disagree, ask for your objection to be recorded.

How we help

• defence against charges of driving after consuming alcohol or drugs;
• challenging tests, reports and laboratory results;
• defence in case of refusal to take a breath or blood test;
• appeals against penalty decrees and against deprivation of the right to drive;
• defence of drivers whose accident involved injured persons.

What to do if you are stopped

• Stay calm and do not argue with the officers.
• Do not sign documents you have not read. If you disagree, ask for your objection to be recorded.
• Do not refuse a test or an examination without advice. The refusal is an offence in itself.
• If you disagree with the breathalyser result, ask for a form for a medical examination and attend on time.
• Call a lawyer as early as possible, before giving any statements.

The most common mistakes

• refusing a test without advice;
• not attending the examination on time with the form;
• signing a report or a declaration without reading it;
• missing the appeal deadline;
• giving statements before consulting a lawyer.

Frequently asked questions

Can I refuse a breathalyser or blood test?

Refusal is an offence in itself and usually leads to a separate penalty. Do not refuse without consulting a lawyer. If you disagree with the result, it is better to ask for a medical examination than to refuse.

How much alcohol is an offence and how much is a crime?

Lower concentrations are usually an administrative offence punished by a penalty decree. Higher ones, as well as the presence of narcotic substances, are a crime and lead to a criminal case. The exact threshold is set by law and matters for everything else, so check it with a lawyer.

What is the examination form and how much time do I have?

It is a document with which the officer sends you for a medical examination. You usually have limited time to attend a medical facility (as a rule about 45 minutes, but check the deadline on the form itself). Do not ignore it, because the blood test result is often decisive.

Will my licence be taken away?

Usually yes. During the check your licence may be withdrawn temporarily. After a conviction or a penalty decree, you are deprived of the right to drive for a set period. The length depends on the case, and the deprivation can be challenged.

How long do I have to appeal a penalty decree?

The deadline is short and runs from receipt of the decree, not from the date of the check. Read the document, note the date of receipt and do not delay.

If I disagree with the breathalyser, does a blood test help?

Yes, very often. The breathalyser is only the first result. A laboratory blood test can confirm or refute it. That is why you should not sign a document refusing the examination, and should ask for it to be recorded in the report.

This page is for information only and is not legal advice. Laws and practice change; every case is different. Contact a lawyer about your specific situation.