Driving under the Influence of Alcohol (DUI)

 In criminal cases initiated for drunk driving over the past more than ten years, we have been asked countless times, “What can I expect?” Due to frequently changing regulations and the abundance of erroneous—or possibly outdated—information, it can be difficult for anyone in a tight spot to find their way out.

This content is based on the Criminal Code in effect in 2025.
If you are not merely interested in the current text of the Penal Code or in theory, but actually need real assistance, then you have come to the right place. 
Through this website you can obtain genuine help. 
If you want an immediate solution, contact us right away. Your problem will not resolve itself. Our office is available 24 hours a day, every day of the week—even on weekends.

Section 240, subsection (3) of the Criminal Code defines who can be considered intoxicated from a criminal law perspective. An intoxicated person is defined as someone who has consumed an alcoholic beverage that is capable of producing a blood alcohol concentration greater than 0.50 g/l or a breath alcohol concentration greater than 0.25 mg/l in their system.Being intoxicated does not require that the consumed alcohol has already taken effect. Not all of the alcohol needs to be absorbed; even someone who has consumed an amount that will later be absorbed to reach the aforementioned levels is already considered intoxicated.

From the table above, you can determine the level of alcohol influence produced by the alcohol you consumed (based on the 2023 data).

Mild, Moderate, and Severe Intoxication

There are different levels of intoxication. Below a certain threshold, the influence of alcohol cannot be proven. Once the amount of alcohol exceeds that value, it may be considered DUI. According to the methodological guidelines from the National Institute of Forensic Medicine, intoxication can be classified as very mild, mild, moderate, severe, and very severe. 
The above table shows you how much influence the alcohol in your body has produced. The courts take these blood and breath alcohol values into account when determining the penalty.

Consult a Lawyer!

 If criminal proceedings have been initiated against you, it is often only at the moment when your driver’s license is confiscated that you become aware of the potential consequences—such as the jeopardizing of your employment, livelihood, and even the care of your children or elderly dependents.

Don’t risk it again! Obtain the help of an experienced defense attorney who regularly handles DUI cases as soon as possible. If you are charged with DUI, you need not only sympathy but concrete assistance.

Prepare for Your Interrogation!

Once you are apprehended, criminal proceedings will begin. In most cases, drunk drivers are summoned for an interrogation by the police within just a few days after the incident.
 You should absolutely not show up unprepared for the interrogation, as your statement will greatly affect the subsequent course of the criminal proceedings. The content of your statement is very important.

Do Not Say Anything Without a Lawyer!

You do not need to say anything to the police. The officer will prepare a written report of the action taken and a record of your statement. These documents become part of the criminal record, and the court may review them—even if their content is unfavorable to you.
You have the fundamental right to remain silent and to refuse to provide a statement. It is the duty of the authorities to respect this right. Exercise your right!

Do Not Drive a Vehicle!

In the vast majority of DUI cases, the authorities will confiscate the offender’s driver’s license and suspend their driving privileges. Anyone who drives despite this is committing an offense for driving without a license. Consequently, the authorities may fine you up to HUF 150,000, impose a driving ban lasting from 1 month to 1 year, or even enforce an administrative offense ban.
Furthermore, before issuing a verdict in a DUI case, the judge will always obtain records regarding your prior administrative offenses, from which it will be immediately clear what occurred. Naturally, this will aggravate the penalty for DUI.

At the scene, testing of suspected drunk drivers is most commonly conducted using a so-called non-certified measuring device—a breathalyzer. This device is only suitable for establishing whether there is alcohol in the driver’s body.

If the test result is positive, it must always be repeated. The extent of alcohol intoxication must be unequivocally proven in the DUI criminal proceedings. 
This can be done either on the basis of certified breathalyzer readings or by analyzing a blood sample obtained through a blood draw. Authorities definitively determine whether a person is intoxicated based on the legal limits for breath alcohol or blood alcohol concentration.

The unit for measuring alcohol in exhaled air is milligrams per liter (mg/l), and for blood samples it is grams per liter (g/l). Coincidentally, the relationship between these two units is such that a blood alcohol concentration of 0.5 g/l approximately corresponds to a breath alcohol concentration of 0.25 mg/l.

After making a poor decision, it is quite common that someone who consumed alcohol and then drove a motorized vehicle ends up facing criminal proceedings.

If the blood alcohol level in your body does not reach a concentration of 0.50 g/l (or 0.25 mg/l for breath alcohol), then the act is not considered a criminal offense but rather an administrative offense.

We speak of a criminal offense when your body contains alcohol from the consumption of an alcoholic beverage that is capable of producing a blood alcohol concentration greater than 0.50 g/l, or a breath alcohol concentration greater than 0.25 mg/l.

Here, we deal in detail only with DUI cases that result in criminal proceedings.

Since the introduction of “zero tolerance,” the Criminal Code imposes even stricter penalties for DUI than in the past. For the offense of DUI, in addition to fines that can often amount to several hundred thousand forints, driving privileges may be revoked for several years, and you may also be required to undergo remedial training.

If during the DUI an accident or personal injury occurs, then the criminal offense will be regarded as more serious. It is also an aggravating factor if you have been previously penalized for DUI—even on multiple occasions. For repeat DUI offenders, penalties may, in extreme cases, involve suspended sentences, and in more severe cases, actual imprisonment.

In Hungary, in the past year, criminal proceedings for DUI have been initiated over 15,000 times. Nevertheless, each case is slightly different. The circumstances of the offense vary, and different personal factors characterize each drunk driver.
At the start of every case, we send our clients a questionnaire comprising more than 20 questions. Based on the responses, we can conclude that no two DUI cases are identical. Likewise, no two police officers or judges are the same.

Even judges working in the same court often rule differently on certain issues regarding DUI cases. Thus, judicial practice is not entirely uniform. However, it can be said that for first-time DUI offenders, the court is likely to impose a fine and a driving ban.
The exact amount of the fine, the duration of the driving ban, and whether remedial training can be avoided depend on competent legal representation.

It is advisable to consult a lawyer or law firm. According to current Hungarian legislation, only a lawyer is permitted to act as a defense attorney in criminal proceedings. Becoming a lawyer requires meeting strict legal conditions. After university, one must undergo the appropriate practical training, pass a bar exam, and have membership in the Bar Association.

Who Should You Not Turn To?

Only a defense attorney is bound by the duty of confidentiality (attorney–client privilege). Do not turn to the operators of various websites on the internet if they are not lawyers. 
Communication between a defense attorney and their client is absolutely confidential, and the attorney may not disclose it to anyone—even if released from confidentiality. 
This obligation of absolute confidentiality is constitutionally protected and applies even during the first legal consultation. Therefore, during the initial consultation, you can candidly discuss the circumstances of your case.
Many people expect assistance from the investigating officer who interrogates them. Others turn to the operators of DUI-related websites. Some even consult a known police officer, prosecutor, or judge—those who are accessible and nearby.

 Naturally, the police officers handling your case will try to ease your tension. While they attempt to calm you down and often even offer advice, remember that a police officer is not a lawyer. A police officer knows precisely what his own responsibilities are, but he is far less equipped to provide professional legal defense.

In criminal proceedings, it is the defense attorney who acts solely in your best interests. The defense attorney has a duty to use every legal means of defense on your behalf and to inform you about the legal methods and strategies available to you.

The defense attorney can determine whether it is necessary to involve another expert (such as a forensic expert or specialist consultant) in your case. If so, they will inform you. Our office regularly collaborates with experts and consultants.
It is our duty to advocate for uncovering facts that can exonerate you or mitigate your liability. The defense of the accused in criminal proceedings is solely the responsibility of the attorney.

Who is allowed to practice law is regulated by the law on legal activities. Only a lawyer may act as a defense attorney.

During the initial meeting, we provide our client with a personalized consultation lasting one to one and a half hours, during which we explain your rights and obligations, the possible defense strategies, the likely nature and extent of the penalty, and the necessary steps to be taken. 

Following the consultation, you will be in a position to decide freely whether to hire a qualified defense attorney. However, legal assistance is not a miracle cure; there is no legal solution that completely absolves every drunk driver of responsibility.

After thoroughly reviewing your case, we develop an appropriate defense strategy to mitigate the penalty. It is the lawyer’s duty to decide whether it is necessary to involve a forensic medical expert in your case.
The foundation of the defense is established through a personal consultation with you and a review of the documents. After that, we determine the primary goal of the defense.

What Can Be the Objective of the Defense Strategy?

It is possible that you are being unjustly accused of DUI. In such cases, criminal liability must be avoided.
If there are mitigating circumstances in your case that warrant special leniency, then the goal is to avoid a driving ban.
The objective of the defense may be to restrict the driving ban to a specific vehicle category, thereby avoiding the need for remedial training.
If it is determined that a driving ban is inevitable, one of our aims will be to minimize its duration.
If criminal liability appears likely, every effort must be made to minimize the fine.
If you feel that you are struggling with alcohol problems, it is important to educate yourself about alcoholism and to seek addiction treatment services.