Driving Under the Influence of Drugs (KTK art.48 / TCK art.179)

Article 48 of the Highway Traffic Law No. 2918 prohibits driving under the influence of alcohol or drugs/stimulants. This act may result in both administrative fines and driver's license measures, as well as criminal liability under the Turkish Penal Code.

Administrative Sanctions (KTK article 48)

• First time: heavy administrative fine + driver's license revocation for 5 years
• Certificate withdrawal for a certain period of time in case of repetition + compulsory driver behavior development training.
• In case of a positive test, the document is retained at the scene and the vehicle can be towed.

TCK article 179 — Endangering Traffic Safety

Driving under the influence of drugs constitutes the crime of "endangering traffic under the influence of alcohol or drugs" within the scope of TCK Article 179/3 and foresees a prison sentence of 3 months to 2 years or a judicial fine.

In Case of Causing an Accident

In case of injury or death caused by driving under the influence of drugs, file:

• TCK Article 85 manslaughter - In case of conscious negligence, the penalty is aggravated.
• TCK Article 89 Injury through negligence — state of conscious negligence.
• Insurance coverage and traffic insurance denial come to the fore.

Hair and Urine Test

Samples taken within the scope of KTK article 48 are forwarded to the health institution under the supervision of law enforcement. If the test is positive:

• Urine test: 1-4 day window (depending on substance type).
• Hair test: Going back up to 90 days.
• The driver has the right to object; A second test can be obtained from an additional health institution.

Supreme Court 12th CD — Principle

12. CD and 10. CD require that the tests taken within the scope of KTK Article 48 be carried out in accordance with the procedure, that the sample remains faithful to the chain of evidence, and that the report results are open to objection; In case of procedural violation, the report loses its evidentiary value.

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