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Legal guide Drink and Drug Driving

Drink and Drug Driving in Bulgaria: Tests, Charges and Legal Consequences

If you are stopped in Bulgaria on suspicion of drink or drug driving, do not treat the roadside reading as the whole case. The first questions are what the device recorded, whether you were given a testing form, whether an evidential analyser or biological samples were required, whether you complied with that procedure, and whether a laboratory result is available.

For alcohol, the general road-traffic limit is 0.5‰, while a first ordinary criminal offence under Article 343b(1) begins above 1.2‰ when the concentration is established in the prescribed manner. Drug driving is different: there is no equivalent statutory concentration threshold. The prosecution must prove driving after drug use established by the legally prescribed procedure.

What should you do first after a drink or drug driving stop?

  1. Keep the testing documents. In particular, keep the roadside test record and the testing form (talon za izsledvane) if one was issued.
  2. Check the times. Note when you were stopped, when the roadside test was carried out, when the form was issued and, if samples were taken, when that happened.
  3. Do not confuse disagreement with refusal. Saying that you dispute a roadside result is not the same as refusing the next stage of testing.
  4. Keep any laboratory result and licence order. The criminal case and the temporary administrative measure affecting your licence are separate procedures.
  5. If you have been detained or charged, get advice before answering substantive questions. You do not need the complete case file before seeking an initial review.

What are the drink-driving limits in Bulgaria?

The general road-traffic threshold is 0.5‰ blood alcohol concentration (BAC). Above that level, administrative sanctions can apply. For a first ordinary criminal offence under Article 343b(1) of the Criminal Code, the threshold is above 1.2‰, provided the concentration has been established in the prescribed manner.

There is an important exception. If a driver has already been convicted by a final judgment for the offence under Article 343b(1), driving with a properly established BAC above 0.5‰ can itself fall within the criminal provision in Article 343b(2). So it is not accurate to say that criminal liability can never arise below 1.2‰.

For the ordinary offences under Article 343b(1) and (3), the current Criminal Code provides for one to three years' imprisonment and a statutory fine of BGN 1,000–5,000. Following Bulgaria's adoption of the euro, that corresponds to approximately €511.29–€2,556.46 at the fixed conversion rate. The actual sentence in an individual case depends on the applicable law, the facts and the court's assessment.

How is drug driving treated in Bulgaria?

Bulgarian criminal law does not set a general numerical drug concentration threshold equivalent to 1.2‰ for alcohol. Article 343b(3) criminalises driving after the use of narcotic substances or their analogues where the use has been established in the prescribed manner.

This is why the testing procedure matters so much. The legal question is not simply whether a screening device displayed “positive”. It is whether the prosecution can prove the relevant use under the procedure that applies to the case.

If you have searched online for “DUI in Bulgaria”, bear in mind that Bulgarian legislation does not use “DUI” as a statutory label. It separates alcohol and drug-driving offences and applies different evidential rules to them.

What do the roadside test and blood sample actually prove?

The answer depends on whether the case concerns alcohol or drugs and on what happened after the roadside check.

Alcohol

A roadside breathalyser result can trigger legal consequences, but the procedure may continue with an evidential analyser or medical and chemical laboratory testing. Where a blood result or evidential-analyser result is obtained under the prescribed procedure, that result can become determinative.

Drugs

A roadside drug test is a screening result. Where blood and urine are provided for toxicological testing, Article 23 of Ordinance No. 1 states that drug use is proved through the result of the blood sample.

Positive roadside drug test, negative blood sample

This is not merely a theoretical distinction. In Supreme Court of Cassation Decision No. 47 of 30 January 2025, the roadside test was positive for cocaine and a metabolite was found in urine, but the blood sample was negative for cocaine and its metabolites. The Supreme Court left the acquittal in place because, under Article 23(1) of Ordinance No. 1, the use had not been proved through the blood result.

That does not mean that every positive roadside test is automatically “false”. It means that where the prescribed procedure has continued to a valid blood examination, the legal significance of the results must be assessed according to that procedure.

What if no blood sample is available because you refused?

That is a different situation. Under the current Article 6(10) of Ordinance No. 1, the roadside device or drug test may be used as the basis for establishing alcohol concentration or drug use in the situations listed there, including refusal to provide samples or failure to attend within the stated time.

The distinction is illustrated by Supreme Court of Cassation Decision No. 45 of 30 January 2025. In that case the roadside test was positive for methamphetamine and the driver refused to provide blood and urine. The Supreme Court treated the documented refusal as legally significant and sent the case back for a new hearing.

Is refusing an alcohol or drug test itself a criminal offence?

Not every refusal is automatically a criminal offence, but refusal can have serious consequences. Administrative sanctions remain relevant, and Article 343b now also criminalises refusal in specific situations.

Under Article 343b(6), a driver who refuses the prescribed alcohol or drug testing procedure after previously being administratively punished for one of those refusals can face criminal liability. Article 343b(7) separately covers refusal, or failure to comply with an order for testing, after participation in a road traffic accident. Article 343b(8) provides that the person is not punished under those provisions if the refusal was due to reasons beyond their control.

So the practical questions are: what exactly was refused, what document was served, whether you attended the place named in the testing form, whether biological samples were requested, whether there was a previous administrative sanction, and whether a road traffic accident was involved.

What happens to your driving licence?

Your driving licence can be temporarily taken before the criminal case has been finally decided. Under Article 171(1)(b) of the Road Traffic Act, a temporary administrative measure can apply in specified alcohol, drug and refusal cases until responsibility is resolved, subject to a statutory maximum of 18 months.

This is not the same as the criminal court later disqualifying you from driving. The administrative order has its own legal basis and its own route of challenge. A complaint against that order does not automatically suspend its enforcement.

Where a blood examination or evidential-analyser result exists under the statutory procedure, the Road Traffic Act expressly treats those values as determinative for the measure. That is one reason why the laboratory documents should not be treated as an afterthought.

Can the vehicle be forfeited in a drink or drug driving case?

Yes, if there is a conviction for an offence covered by Article 343b(1)–(4), the vehicle may be one of the most serious financial consequences. The current Article 343b(5), as amended in 2026, distinguishes ownership clearly.

  • If the vehicle belongs to the convicted person: it is forfeited to the state. If it is missing or has been disposed of, its equivalent value is ordered instead.
  • If the vehicle belongs to someone else: the vehicle itself is not forfeited under this rule; the convicted person is ordered to pay its equivalent value.
  • If the vehicle is jointly owned: the current wording also provides for an equivalent-value order.

This consequence presupposes a criminal offence and a conviction. A positive roadside test by itself does not amount to a final forfeiture order.

A conviction under Article 343b also brings a driving disqualification under Article 343g. Where that disqualification is imposed together with imprisonment, the current rule requires the disqualification period to be at least as long as the prison term and to exceed it by between one and five years.

Which documents should you keep?

Keep the original documents and make a simple timeline. The most useful material usually includes:

  • the roadside breathalyser or drug-test record;
  • the testing form (talon za izsledvane);
  • the medical examination record;
  • documents showing when blood and urine were taken;
  • the chemical or toxicological laboratory report;
  • any order temporarily withdrawing your driving licence;
  • documents concerning the vehicle or its registration;
  • detention documents, if you were detained;
  • the charging order, if you have been formally charged.

If the police want to question you, see Police Questioning in Bulgaria: Your Rights and What to Do. If you have already been formally charged, see Criminal Charges in Bulgaria: What Happens Next. The main English-language starting page is Criminal Lawyer in Sofia, Bulgaria – Legal Assistance in English.

Frequently asked questions

What is the legal alcohol limit for driving in Bulgaria?

The general road-traffic threshold is 0.5‰ BAC. Above that level administrative sanctions can apply. Criminal liability under Article 343b(1) normally begins above 1.2‰, but a separate repeat-offence rule can make driving above 0.5‰ criminal after a previous final conviction for the offence under Article 343b(1).

When does drink driving become a criminal offence?

For the ordinary first-offence provision, the concentration must be above 1.2‰ and established in the prescribed manner. The driver's previous convictions can change the applicable rule, so the threshold should not be read in isolation.

Is there a fixed drug concentration limit in Bulgaria?

No general numerical threshold equivalent to the alcohol threshold is set in Article 343b(3). The issue is whether driving after drug use has been established in accordance with the prescribed procedure.

Does a positive roadside drug test automatically prove the offence?

No. The roadside result is important, but if the procedure continued with biological samples and toxicological testing, the later evidence must be assessed under Ordinance No. 1. The exact position also changes if the driver refused or failed to attend for testing.

What if the roadside drug test is positive but the blood sample is negative?

That discrepancy can be decisive. In Supreme Court Decision No. 47/2025, a positive roadside result and a cocaine metabolite in urine did not overcome the negative blood sample because Article 23(1) of Ordinance No. 1 makes the blood result the basis for proving drug use in that laboratory-testing route.

Is refusing a drug or alcohol test always a crime?

No. Refusal can bring administrative consequences, and Article 343b also makes it criminal in specified circumstances, including certain repeat-refusal cases and refusal after involvement in a road traffic accident. The exact facts and documents matter.

Can my licence be taken before the criminal case ends?

Yes. A temporary administrative measure can be imposed before the criminal case is finally resolved. It is separate from the criminal court's later decision on driving disqualification and has its own route of challenge.

Can I lose a car that belongs to someone else?

Under the current Article 343b(5), if the vehicle is not owned by the convicted person, the rule is not to forfeit that third party's vehicle under this provision but to order the convicted person to pay its equivalent value. The same current wording addresses jointly owned vehicles.

Frequently asked questions

Legal sources and scope of review

Legal review updated on .

The May 2026 proposal to amend Ordinance No. 1 has not been treated as current law in this guide.

Legal note: This guide explains the general position for drink and drug driving in Bulgaria. The correct analysis depends on the date of the alleged offence, the driver's previous convictions or administrative sanctions, the testing route used, any refusal, the laboratory evidence, any road traffic accident, the ownership of the vehicle and the documents actually served.

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