Article 46

Driving under the influence of alcohol, drugs, or toxic substances

1. It is prohibited for any driver to operate a motor vehicle while under the influence of alcohol, toxic substances, or medications that, according to their instructions for use, may impair the driver’s ability to drive. A driver being tested is considered to be under the influence of alcohol when the alcohol concentration in their system is 0.50 grams per liter of blood (0.50 gr./l) or higher, as measured by blood test, or from zero point twenty-five (0.25) milligrams per liter of exhaled air or higher, when the measurement is taken in exhaled air using an appropriate breathalyzer device.

2. The competent police and port authorities may, as appropriate, conduct tests to determine the presence in drivers’ systems of alcohol, toxic substances, or medications as specified in paragraph 1, and drivers are required to submit to such testing.

3. In the event of a fatal traffic accident, the test to determine the presence of alcohol, toxic substances, or drugs in the body, as provided for in paragraph 1, must be conducted by taking a blood sample from the deceased, as well as from the survivors, unless specific medical reasons preclude this for the latter, in which case the test is performed, for alcohol, in exhaled breath using a breathalyzer, and for toxic substances and medications, through urine testing or another appropriate method. Medical certification from a public hospital is required to confirm the existence or absence of these alleged reasons.

4. In the event of a traffic accident resulting in bodily injury, testing to determine the presence of alcohol in the body is conducted either through exhaled breath using a breathalyzer or through a blood. Testing to determine the presence of toxic substances or drugs in the body is conducted using any scientifically appropriate method.

5. During traffic stops or in traffic accidents without bodily injury, the test to determine the presence of alcohol in the body is conducted on exhaled air using an appropriate breathalyzer device; whereas the detection of the presence of toxic substances or medications referred to in paragraph 1 is carried out using any appropriate scientific method. The determination of the blood alcohol concentration in the case of a pedestrian accident, in the instances covered by this paragraph and paragraphs 3 and 4, is carried out in the same manner.

6. Subject to the last sentence of paragraph 3, any person who refuses to undergo a test to determine the presence of alcohol in their system, whether by blood draw or using a breathalyzer, shall be presumed to have a blood alcohol concentration exceeding one point ten grams per liter (1.10 g/L) as determined by the blood test method. Anyone who refuses to undergo a test to determine the presence of toxic substances or medications in their body shall be presumed to be under the influence of toxic substances or medications which, according to their instructions, may impair driving ability, in accordance with paragraph 8.

7. Offenses involving driving a vehicle under the influence of alcohol are classified as follows:

a. In category E3-B, if the blood alcohol concentration ranges from zero point fifty grams per liter (0.50 g/l) to zero point eight zero grams per liter (0.80 g/l), measured by blood sampling, or from zero point twenty five (0.25) to zero point forty (0.40) milligrams per liter of exhaled air, when the measurement is taken from exhaled air using a corresponding breathalyzer device. In this case, the driver’s license is returned after the suspension period has elapsed, only upon presentation of proof of payment of the administrative fine.

b. For Category E4 violations, the offender shall be subject to an administrative fine of seven hundred (700) euros and the immediate suspension of their driver’s license for ninety (90) days, in accordance with the conditions and procedure set forth in Article 106, concerning the imposition of administrative measures, if the blood alcohol concentration is greater than zero point eighty grams per liter (0.80 g/l) and up to one point ten grams per liter (1.10 g/l), measured by blood sampling, or above zero point forty (0.40) to 0.60 milligrams per liter of exhaled air, when the measurement is taken from exhaled air using an appropriate breathalyzer device. In this case, the driver’s license is returned after the suspension period has elapsed, only upon presentation of proof of payment of the administrative fine.

c. In Category E4, the penalties are imprisonment for at least two (2) months, an administrative fine of one thousand two hundred (1,200.00) euros, and the on-the-spot revocation on the spot, of the driver’s license and vehicle registration for one hundred eighty (180) days, in accordance with the conditions and procedure set forth in Article 106, if the blood alcohol concentration exceeds one point ten grams per liter (1.10 g/l), as measured by blood test, or exceeds zero point sixty (0.60) milligrams per liter of exhaled air, when the measurement is taken from exhaled air using a corresponding breathalyzer device. In this case, the driver’s license is returned after six (6) months have elapsed, only upon presentation of proof of payment of the administrative fine.

d. In cases a, (b), and (c), the vehicle must be impounded and held in custody in accordance with Article 50, concerning vehicle impoundment, and the decisions issued pursuant thereto. The inspection and verification of violations under this paragraph shall be conducted by a team of at least two (2) police or port authority officers, one of whom must be an investigating officer.

8. If a driver is found to be driving under the influence of toxic substances or medications that, according to their instructions, may impair driving ability, he or she shall be punished by imprisonment for at least two (2) months and a fine of at least two hundred (200) euros and the suspension of the driver’s license for a period of three (3) to six (6) months, which must be imposed by the court.

9. In subparagraph (c) of paragraph 7, the violation is punishable, in addition to and independently of the criminal and other penalties provided for in those provisions, with the penalty of revocation of the vehicle’s registration for a period ranging from ten (10) days to six (6) months, which is imposed by the court.

10. Paragraphs 1 through 6 apply mutatis mutandis to the captains or operators of small vessels, recreational watercraft, motorboats, and speedboats, the operation and navigation of which are governed by the General Port Regulations, issued pursuant to Article 156 of the Code of Public Maritime Law (Code of Public Maritime Law, Legislative Decree 187/1973, A’ 261), to the captains of recreational vessels under Law 2743/1999 (A’ 211) and Law 4926/2022 (A’ 82), provided that such vessels do not have a permanent crew. In such cases, the criminal provisions of paragraph 7 shall apply mutatis mutandis, and the administrative penalties provided for in Article 157 of the Code of Administrative Offenses shall be imposed, in accordance with the procedure set forth therein.