Facing a Drink-Driving Charge in Portugal: Legal Consequences and How a Lawyer Can Help
Margarida Tempera| Lawyer
In Portugal, driving under the influence of alcohol is considered a serious legal infraction, carrying significant consequences that may affect not only your financial and criminal record but also your personal and professional life. Whether the offence is classified as administrative or criminal, the law provides a clear framework for prosecution and enforcement. However, it also offers important safeguards for individuals who act promptly and seek proper legal assistance. This article outlines the legal framework applicable to drink-driving cases in Portugal, the potential consequences of such charges, and how legal representation can play a decisive role in protecting your rights and minimising the impact of the accusation.
Under the Portuguese Road Code (Código da Estrada), it is strictly prohibited to operate a vehicle while under the influence of alcohol. The legislation defines the condition as follows: “A driver shall be considered to be under the influence of alcohol where their blood alcohol concentration is equal to or greater than 0.5 grams per litre, or where, following an examination conducted in accordance with this Code and supplementary legislation, they are deemed as such in a medical report.” In essence, a driver is deemed to be under the influence when their blood alcohol concentration (BAC) reaches or exceeds 0.5 grams per litre, or when a medical report, issued per legal procedures, classifies the individual as unfit to drive due to alcohol consumption.
BAC levels are assessed either through a breathalyser test (commonly referred to as a “balão”) or, where necessary, a blood test. Refusal to submit to either method is in itself a criminal offence.
The law sets out graduated BAC thresholds, each carrying distinct legal consequences depending on the level detected. The general legal limit is 0.5 g/l; however, this threshold is reduced to 0.2 g/l for professional drivers and for those who have held a driving licence for less than three years, reflecting a higher standard of responsibility for higher-risk groups.
If a driver is found with a BAC between 0.5 g/l and 1.2 g/l, the offence is typically considered administrative. Sanctions may include a fine and temporary disqualification from driving. When the BAC equals or exceeds 1.2 g/l, the act constitutes a criminal offence, triggering prosecution by the Public Prosecutor and the possibility of a criminal record, with all its associated legal and personal consequences.
The penalties for exceeding the limits can be severe. In administrative cases (BAC between 0.5 and 1.2 g/l), drivers may face a fine ranging from €250 to €2,500, loss of between 3 and 5 points on their driving licence, and a driving ban lasting from one month to two years. These sanctions, while administrative, may have lasting consequences, particularly for individuals whose professional activity depends on driving, such as delivery drivers, public transport workers or sales representatives.
In addition to the legal penalties, a conviction for driving under the influence may result in a substantial increase in car insurance premiums or lead to the non-renewal of the policy by the insurer.
In some cases, the vehicle may also be subject to seizure as a precautionary measure, particularly if there is a risk of repeat offending or where the vehicle is directly linked to the offence.
When the BAC equals or exceeds 1.2 g/l, the matter becomes significantly more serious. The case moves from the administrative to the criminal sphere and falls under the Portuguese Penal Code and criminal procedure rules. The individual may be summoned for questioning by the Public Prosecutor and may face a prison sentence (even if suspended), mandatory participation in a road safety training programme, and a driving ban ranging from three months to three years.
A conviction may also result in a criminal record, which could affect employment prospects, renewal of residence permits or visas for foreign nationals, and harm one’s professional or personal reputation.
Repeat offenders or individuals who refuse to undergo a breathalyser or blood test when lawfully ordered to do so may face aggravated penalties. Refusal is itself a separate criminal offence and may be prosecuted regardless of whether the person is found to be under the influence. In such cases, the authorities may apply the maximum penalties available, invoking obstruction of justice or deliberate non-cooperation.
Despite the seriousness of these accusations, not every drink-driving case is straightforward. There are numerous procedural safeguards in place, and it is not uncommon for errors to occur during enforcement. In such situations, an experienced lawyer may challenge the admissibility or reliability of the evidence, which can lead to a reduction or even dismissal of the charge.
Throughout the proceedings, the defendant has the right to remain silent and the right to be assisted by a lawyer, particularly during questioning by the Public Prosecutor or the police.
At LVP Advogados, we provide legal support tailored to the specific circumstances of each client. Our approach begins with a careful review of the case history, including the police report, the technical details of the test, and an analysis of whether all legal procedures were correctly followed at the time of the stop and testing.
Legal representation can be particularly valuable when negotiating alternative measures, such as replacing a fine or driving ban with a road safety awareness course, an option sometimes available to first-time offenders. Where criminal charges have been filed, we assist clients in negotiating with the Public Prosecutor for a suspended sentence or a more lenient outcome, considering the client’s background, absence of prior offences, and personal circumstances. In cases involving substantial procedural irregularities, we may seek the full dismissal of the charges.
An equally critical aspect relates to procedural deadlines. In administrative cases, the driver usually has 15 working days from the date of notification to respond to the charge, either by paying the fine, contesting the infraction, or requesting a hearing. Failure to act within this period may result in automatic enforcement of the sanction and loss of the opportunity to present a defence. In criminal matters, early legal intervention is strongly advised to prevent escalation and to explore procedural strategies that may avoid a full trial.
From a broader perspective, it is important to consider the collateral consequences that may result from a drink-driving offence. These may include cancellation or suspension of professional driving licences, ineligibility for certain professions, difficulty renewing residence permits (in the case of non-citizens), and significant reputational damage, especially in small professional or social communities.
Although facing a drink-driving charge can be overwhelming, it is essential to remember that an accusation is not the same as a conviction. With the right legal guidance, it is possible to build a defence that addresses both factual and legal aspects, ensuring your rights are respected and that any outcome is fair and proportionate.
In conclusion, if you are facing a drink-driving charge in Portugal, acting quickly and seeking proper legal support can make a significant difference. From challenging procedural errors to negotiating reduced penalties or full dismissal, legal counsel plays a vital role in safeguarding your rights and helping you move forward.
If you have received a notification or court summons related to a drink-driving offence, we recommend that you contact a lawyer without delay. Time is of the essence, and early legal action is the first step toward ensuring your defence is heard and your rights are fully protected.
