Appeal Methods for Administrative Fines and Revocation of Driver's Licenses

If a driver's license has been temporarily confiscated on the grounds of driving under the influence, the return of the license is, as a rule, conditional upon the expiration of the confiscation period and Highway Traffic Law No. 2918 the complete payment of the administrative fines imposed within the scope of. However, if the action is unlawful, waiting for the period is not mandatory: an application can be made in a timely manner against the administrative fine and the revocation of the driver's license to request the annulment of the sanction.

The most critical distinction here is:

- If only the administrative fine is to be appealed, as a rule, application is made within 15 days to apply to the Criminal Judgeship of Peace from the notification or service of the decision.
- If the cancellation of the temporary revocation of the driver's license is requested, regarding this decision of an administrative nature, at the administrative court an annulment lawsuit comes into question.
- If an administrative fine and driver's license confiscation are imposed together within the scope of the same action, the issue of jurisdiction must be carefully determined according to the nature of the specific action. Before choosing the application method, the traffic administrative fine report, the temporary revocation report, and the alcohol measurement printout, if any, should be examined together.

This article explains the administrative process to be applied in the event of driver's license suspension due to alcohol, the administrative fine right to appeal, measurement disputes, and critical points in practice.

Important note: This content is for general legal informational purposes. In each case, the time of measurement, device records, content of the minutes, hospital application, type of vehicle driven, previous violations, and notification date may alter the outcome.

When is a Driver's License Confiscated for Driving Under the Influence?

Pursuant to Article 48 of the Highway Traffic Law No. 2918, it is prohibited for individuals who have taken drugs or stimulants, as well as intoxicated drivers, to operate vehicles on highways.

The alcohol limit varies depending on the type of vehicle used:

Driver / Vehicle Type	Limit Taken as Basis for Administrative Sanctions
Private automobile driver	Above 0.50 per mille
Drivers of vehicles other than private automobiles	Above 0.21 per mille
Causing an accident in vehicles other than private automobiles	Above 0.20 per mille
Separate evaluation in terms of criminal law for all types of vehicles	Above 1.00 per mille

According to the current text of the Law, an administrative fine shall be imposed on a driver who is determined to have driven under the influence of alcohol above 0.50 per mille for the first time, and their driver's license shall be suspended for six months.

For repeated violations within five years retrospectively from the date of the last violation, the sanction becomes harsher:

Number of Violations	Suspension Period of the Driver's License
First violation	6 months
Second violation within five years	2 years
Third and subsequent violations within five years	5 years each time

In the event of a second revocation, the obligation arises to undergo driver behavior development training; in the event of a third or subsequent revocation, the obligation to undergo psycho-technical evaluation and a psychiatric specialist examination also arises.

How to Retrieve a Driver's License Confiscated Due to Alcohol After the Period Expires?

If the administrative sanction is lawful and has not been set aside upon objection, the expiration of the revocation period alone may not be sufficient for the return of the driver's license.

Article 48 of the Highway Traffic Law explicitly stipulates as a condition for the return of a driver's license temporarily revoked pursuant to this article that all administrative fines imposed on the person under the same Law must have been collected.

Therefore, the following check must be performed in practice:

- It must be checked whether the revocation period has expired.
- It must be inquired whether there are any unpaid administrative fines within the scope of the Law resulting from alcohol violations or other traffic violations.
- It must be determined whether the required training, psycho-technical evaluation, or medical procedures have been completed for second or subsequent violations.
- For the return procedure, the instructions of the traffic unit or the relevant traffic registration organization to which the driver's license was surrendered must be followed.

Even if the period of suspension of the driver's license has expired, unpaid traffic administrative fines may prevent the return of the driver's license.

Can the Breathalyzer Result Be Challenged?

Yes. However, a mere abstract statement such as “I refuse the breathalyzer” is not deemed sufficient on its own to annul the administrative action. The objection must be based on concrete facts and documents affecting the reliability of the measurement or the lawfulness of the procedure.

For example, the following matters may be significant:

- The date and time the measurement was conducted,
- Whether the serial number of the breathalyzer device and the measurement result were recorded in the official report,
- Whether the measurement printout was provided to the driver,
- Whether the signature, service, and explanation sections in the report comply with procedural rules,
- Whether the driver objected to the measurement,
- Whether a healthcare facility was visited immediately after the measurement,
- The time elapsed between the blood test and the breathalyzer measurement,
- Whether the hospital assessment conducted after the measurement establishes the blood alcohol concentration level at the time of the incident,
- Whether there is any physical condition preventing the driver from using the device,
- Whether the classification of the violation as a first, second, or third offense is accurate.

Does a Blood Test Taken at the Hospital Restore the Driver's License?

A blood test performed at a hospital can constitute significant counter-evidence under certain conditions. However, the time elapsed between the measurement and the test, as well as how the results are scientifically interpreted, are of critical importance.

Council of State In practice, alcohol measurements taken via technical devices during routine traffic inspections can be taken as the basis. In order for a subsequent measurement obtained by the driver through their own means at a healthcare institution to refute the initial detection, the time difference and the specific circumstances of the incident are carefully evaluated.

In the decision of the 8th Chamber of the Council of State (Danıştay) dated 29.09.2023, it was evaluated that the measurement made with a breathalyzer during a routine inspection was considered sufficient, and the test subsequently performed by the driver lacked the concreteness capable of refuting the initial measurement. This decision resulted against the driver. Accordingly, not only a subsequently obtained different test result, but also the measurement times, the intervening period, police reports, and other technical data must be presented collectively.

Therefore, it is important for a driver objecting to the measurement to apply to a healthcare institution without delay, document the measurement times, and preserve all records.

What Are the Consequences of Refusing to Take the Breathalyzer Test?

Refusing to undergo an alcohol measurement is often not a favorable course of action for the driver. Pursuant to Article 48 of the Highway Traffic Law, a heavy administrative fine is imposed on a driver who refuses to permit measurement with a technical device, and their driver's license is suspended for a period of five years.

The law also contains regulations regarding taking biological samples by escorting a driver who objects to the measurement or refuses to permit measurement with a technical device to the nearest forensic medicine unit, forensic medical office, or a healthcare institution affiliated with the Ministry of Health.

Therefore, the notion that “if I refuse the breathalyzer test, alcohol cannot be detected” is legally incorrect. Refusing the measurement may give rise to an independent and more severe administrative sanction.

7th Criminal Chamber of the Court of Cassation, in its ruling dated 16.12.2024, emphasized that the duration of the sanction applied for refusing the breathalyzer test must be determined in compliance with the period stipulated by law. The decision indicates that the sanction cannot be established by calculating days in a manner different from the statutory limit; and that the administration and judicial authorities are obliged to apply the type and duration of the sanction in accordance with the statutory text.

How to Appeal Against an Administrative Fine?

Against the administrative fine issued on the grounds of driving under the influence, pursuant to Article 27 of Misdemeanors Law No. 5326 as a rule, within 15 days to apply to the Criminal Judgeship of Peace .

The period begins to run from the date the decision is served or communicated to the driver. If an application is not filed within due time, the administrative sanction decision becomes final.

The application petition must include at least the following elements:

- The date and serial/sequence information of the administrative sanction decision,
- The date of service or communication,
- The result in the alcohol measurement report,
- Grounds for appeal,
- Concrete evidence,
- Conclusion of the request.

What Decisions Can the Sulh Ceza Hâkimliği Render?

Pursuant to Article 28 of the Misdemeanors Law, the Sulh Ceza Hâkimliği reviews the application procedurally and decides to accept or reject it. In the examination on the merits:

- If the administrative sanction is lawful, it may decide to dismiss the application;
- If the administrative sanction is unlawful, it may decide to annul the administrative sanction decision.

may rule.

If deemed necessary, the court may request the transaction file from the relevant public institution; may hear the parties; and may utilize evidence such as witnesses, expert witnesses, and on-site inspections.

Of the 7th Penal Chamber of the Yargıtay In its decision dated 11.10.2022, consideration was given to the fact that following the dismissal of the objection to the administrative fine imposed on the grounds of driving under the influence of alcohol, an acquittal ruling was rendered on the grounds that there was no sufficient and conclusive evidence in the relevant criminal case file. Disregarding this outcome in criminal proceedings, the Yargıtay found the dismissal of the objection to the administrative sanction to be erroneous and ruled for the annulment of the administrative fine.

The significance of this decision is as follows: Regarding the administrative fine, if there is an ongoing objection the evidence and decisions in the criminal investigation or criminal case concerning the same incident must definitely be submitted to the case file.

Can a Lawsuit Be Filed in the Administrative Court Against the License Confiscation Procedure?

The temporary suspension of a driver's license constitutes an administrative act established by the unilateral will of the administration. If it is considered that the act is unlawful, as a rule, within 60 days from the date of the act or written notification, at the administrative court annulment action must be filed against this proceeding within seven days from the notification of the decision.

According to Article 2 of the Administrative Litigation Procedure Law (İdari Yargılama Usulü Kanunu), annulment lawsuits are filed by persons whose rights or interests have been violated, on the grounds that administrative acts are unlawful with respect to authority, form, reason, subject matter, or objective.

The primary grounds of illegality that can be asserted in such lawsuits are as follows:

Review with Respect to Authority

It must be examined whether the law enforcement officer and administrative unit that established the act are authorized regarding the temporary surrender of the driver's license.

Review with Respect to Form

The alcohol measurement, the traffic administrative fine decision, and the driver's license surrender act must be documented separately. The dates, times, grounds of the act, and measurement information in the reports must be audited.

Review with Respect to Reason

It is critical to determine whether the alcohol measurement underlying the administrative action is reliable, whether the correct blood alcohol concentration (BAC) threshold applicable to the driver's vehicle type was enforced, and whether the prior violation record is accurate.

Review Based on Subject Matter

Imposing a longer suspension period instead of six months for a first-time offense, issuing a two-year revocation decision before the statutory conditions for a second offense are met, or applying an incorrect type of sanction may constitute an illegality on the merits.

Review Based on Intent and Objective

Administrative sanctions must be enforced for the purpose of protecting public safety and within statutory limits. The administration's exercise of discretionary power granted by law in a punitive or disproportionate manner cannot be deemed lawful.

Can a Stay of Execution Be Requested?

In an action for annulment filed against the driver's license suspension, a stay of execution may also be requested.

Pursuant to Article 27 of the Code of Administrative Procedure, two conditions must be met concurrently for a stay of execution to be granted:

- The execution of the administrative act giving rise to damages that are difficult or impossible to compensate,
- The administrative act being clearly unlawful.

For instance, if driving constitutes the core element of a person's profession; where employment in commercial vehicle operation, transport services, taxis, delivery, logistics, or similar activities depends on a driver's license, the revocation measure may directly impact the individual's ability to generate income. However, professional hardship alone is not sufficient. This claim of damages must be presented together with concrete evidence regarding the clear unlawfulness of the administrative act.

Rather than relying on general and abstract claims, the court will require tangible proof, such as discrepancies in the measurement report, an erroneous BAC threshold, incorrect recidivism calculations, an incomplete administrative case file, or another clear element of illegality.

Does an Administrative Application Suspend the Litigation Period?

Pursuant to Article 11 of the Code of Administrative Procedure, prior to filing an administrative lawsuit, an application may be submitted to the superior authority—or, if no superior authority exists, to the authority that issued the act—requesting the revocation, withdrawal, or amendment of the act.

If this application is filed within the statutory limitation period for filing a lawsuit, it pauses the running of the limitation period.

If the administration fails to respond within 30 days, the request is deemed rejected. Following an explicit or implied rejection, the remaining statutory period for filing a lawsuit begins to run anew. The time elapsed prior to the submission of the application is also taken into calculation.

This method may sometimes be useful for clarifying the administrative file, the breathalyzer record, or the previous violation calculation. However, errors in calculating deadlines must be avoided. In particular, the remaining portion of the 60-day annulment lawsuit period must be determined strictly based on concrete dates.

What Documents Are Required to Appeal the Confiscation of a Driver's License Due to Alcohol?

The basis of the application is not a mere denial, but rather documents demonstrating the illegality in the administrative file.

The following documents should be preserved as much as possible and attached to the application:

Suggested Addition	Importance in Terms of Proof
Traffic administrative fine decision report	Offense provision, notification details, date, and grounds for the action
Driver's license temporary surrender report	Duration of seizure and legal basis
Breathalyzer measurement printout	Measurement time, result, and device information
Hospital blood test or medical report	Evidence countering the technical measurement, if any
Hospital admission record	Proves the time of application
Camera recordings	In terms of the measurement process or the manner in which the minutes are drawn up
Witness information	Explanation of the procedural process in exceptional cases
Criminal investigation or criminal lawsuit documents	Evaluation of evidence and decisions in the same incident
Documents regarding previous violation records	Review of the calculation of recidivism
Professional work documents	Supports the claim of damages in the request for a stay of execution

What Do Precedent Decisions Say?

1. Breathalyzer Measurement in Routine Inspection Can Be Taken Into Account Alone

Council of State 8th Chamber, E. 2020/3631, K. 2023/4244, D. 29.09.2023

This decision examines the administrative act regarding the revocation of a probationary driver's license following a 0.70 promille measurement conducted during a routine traffic inspection. Council of State, has accepted that the alcohol measurement performed with a technical device during a routine inspection can be taken as the basis.

The decision was rendered against the driver. Nevertheless, it is significant in terms of practice; because it demonstrates that instead of merely stating that they did not participate in the measurement, the objecting driver must submit concrete counter-evidence refuting the measurement result.

Practical Implication: If there is a hospital test, camera recording, or other technical data, their temporal relationship must be established, and it must be clearly explained why they invalidate the initial measurement.

2. If the Blood Test is Above the Legal Limit, the Administrative Act Can Be Deemed Lawful

Council of State 8th Chamber, E. 2023/1452, K. 2023/4112, D. 26.09.2023

In this decision, the breathalyzer measurement and the subsequent blood test were evaluated together; the administrative act regarding the withdrawal of the driver's license and the administrative fine due to the determination of 0.82 promille of alcohol in the blood test was deemed lawful.

The decision is against the driver. Therefore, the mere fact that the driver applied to a hospital does not ensure the annulment of the administrative act. If the hospital result is in favor of the administration or exceeds the alcohol limit, this document can strengthen the legal basis of the act.

Practical Implication: Before submitting the hospital test result to the case file, the result, the time of measurement, and the entire incident must be carefully evaluated.

3. An Acquittal Rendered in the Same Incident May Be Significant Regarding Administrative Fines

7th Criminal Chamber of the Court of Cassation, E. 2022/7259, K. 2022/13784, T. 11.10.2022

In this decision, Yargıtay examined a case where the application against the administrative fine imposed on the grounds of driving under the influence was dismissed, yet an acquittal was rendered in the criminal lawsuit concerning the same incident on the grounds of the absence of sufficient and conclusive evidence.

Yargıtay, found the failure to evaluate the acquittal decision to be erroneous; it reversed the decision of the criminal judgeship of peace and ruled for the annulment of the administrative fine.

Practical Implication: Ongoing or concluded criminal investigations and criminal lawsuits arising from the same incident must definitely be monitored; evaluations regarding acquittal, non-prosecution, or insufficiency of evidence must be submitted to the administrative sanction file.

4. The Sanction Period Must Be Applied in the Manner Stipulated by Law

7th Criminal Chamber of the Court of Cassation, E. 2024/5929, K. 2024/11573, T. 16.12.2024

This decision addresses the sanction of revocation of the driver's license imposed due to refusal to blow into the breathalyzer. Yargıtay found it unlawful to determine the sanction, which is stipulated as two years in the law, as 731 days.

The decision emphasizes that the duration and type of the administrative sanction must comply with the statutory regulation.

Practical Implication: In cases where the revocation period is miscalculated, a wrong violation classification is made, or a period other than the statutory sanction is determined, a concrete legal basis for objection may arise.

Most Common Mistakes in Appeals

Simply saying “I did not consume alcohol”

Unless supported by documents and concrete explanations, this defense is frequently deemed insufficient.

Applying for a hospital test belatedly

As the time interval between the measurement and the hospital application increases, the reliability of the test in demonstrating the blood alcohol concentration at the time of the incident becomes disputable.

Missing the 15-day appeal period

Regarding administrative fines, the limitation period is quite short. The date of notification or service must be recorded without fail.

Miscalculating the administrative lawsuit period

As a rule, a 60-day period applies to annulment actions filed against the suspension of a driver's license. If an administrative application has been made, the time elapsed prior to such application is also taken into account.

Applying to the wrong judicial authority

Administrative fines, driver's license suspension procedures, and the criminal investigation of the same incident may be subject to different procedural rules. When selecting the legal remedy, the transaction documents must be reviewed as a whole.

Assuming that the right to appeal terminates upon paying the fine

Paying an administrative fine does not necessarily mean waiving the right to appeal in every case. However, payment must be evaluated separately in terms of refund and collection processes. Deadlines must still not be missed.

Frequently Asked Questions

My driver's license was confiscated due to alcohol, can I get it back immediately?

If the administrative act is lawful, as a rule, the period for revocation must expire and traffic administrative fines must be paid. If the act is unlawful, without waiting for the period to expire, an objection or an annulment lawsuit may be filed to request its revocation.

For how many months is a driver's license suspended when caught driving under the influence for the first time?

In the case of private passenger cars, if it is determined that the vehicle was driven with a blood alcohol concentration exceeding 0.50 promille, the driver's license is revoked for six months upon the first violation.

For how long is a driver's license suspended when caught under the influence for the second time?

If the second violation occurs within five years retroactively from the last violation, the driver's license is revoked for two years.

What is the consequence of driving under the influence for the third time in terms of the driver's license?

In the event of a third or subsequent violation within the last five years, the driver's license is revoked for five years each time. Additionally, a psycho-technical evaluation and psychiatric examination will be required.

Is it mandatory to go to the hospital to object to the breathalyzer result?

It is not mandatory in every case; however, a hospital record obtained without delay can be crucial evidence for the person objecting to the measurement result. Nevertheless, the time difference and the test result are decisive factors.

What happens if I refuse to blow into the breathalyzer?

Failing to undergo the measurement may result in a heavy administrative fine and the revocation of the driver's license for a period of five years. Therefore, avoiding the measurement generally leads to more severe consequences.

Within how many days can one object to the penalty for driving under the influence of alcohol?

As a rule, against an administrative fine, within 15 days from the date of service or notification to apply to the Criminal Judgeship of Peace application must be made.

What is the filing period for a lawsuit in the administrative court against the decision to suspend a driver's license?

As a rule, an annulment action against the temporary revocation of a driver's license is filed within 60 days at the administrative court starting from the day following the written notification.

If I am acquitted in a criminal trial, will the traffic administrative fine be lifted?

An acquittal decision does not automatically invalidate the administrative fine in every case. However, the grounds for acquittal, particularly if based on the absence of sufficient and conclusive evidence, may constitute strong evidence in the application against the administrative sanction.

Can a driver's license be retrieved when the suspension period expires if there is an outstanding penalty debt?

Article 48 of the Highway Traffic Law Pursuant to the law, a temporarily revoked driver's license cannot be returned until all administrative fines within the scope of this Law are collected.

Does paying the alcohol penalty immediately reinstate the driver's license?

No. Payment of the penal fine is only one of the conditions for restitution. In addition, the restitution period must have expired and any other legal obligations must be fulfilled.

Conclusion

In the event of the suspension of a driver's license due to alcohol, the initial step is to examine the dates and measurement records in the official reports. This is because the correct application procedure and deadline are determined by which administrative act has been served.

The 15-day application period for administrative fines; Criminal Judgeship of Peace and generally the 60-day administrative lawsuit period against the revocation of a driver's license are of significance. The likelihood of success for objections regarding the measurement depends not solely on the driver's statement, but on the breathalyzer printout, hospital records, timeline, content of the reports, prior violation history, and any evidence in the penalty file.

If the administrative act is lawful, the reinstatement of the driver's license becomes applicable only after the revocation period has expired and the administrative fines have been paid. If there is any unlawfulness in the act regarding measurement, jurisdiction, procedure, sanction period, or repeat offender calculation, an effective application to be made within the statutory period must be evaluated.

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