DRIVING IN VIOLATION OF TRAFFIC RULES • ROAD TRAFFIC ACCIDENTS INVOLVING MOTOR VEHICLES OR OTHER ROAD VEHICLES (CRIMINAL LIABILITY UNDER THE CRIMINAL CODE)

→ Driving after alcohol or drug use: the basic offense under Article 343b(1) of the Bulgarian Criminal Code requires a blood alcohol concentration over 1.2‰, established by the prescribed procedure. Article 343b(2) separately covers driving with a concentration over 0.5‰ following a final conviction for the offense in paragraph 1. Driving after drug or drug-analog use, established by the prescribed procedure, is governed by paragraphs 3 and 4.

→ Refusal of testing: criminal liability requires the specific conditions of Article 343b(6)—driving and refusing a test after a previous administrative penalty for one of those acts—or paragraph 7, concerning refusal of testing or failure to comply with an examination order after involvement in a road traffic accident. Under paragraph 8, no punishment is imposed where the refusal under paragraph 6 or 7 results from circumstances beyond the person’s control. Where the elements of a criminal offense are absent, administrative liability under the Road Traffic Act must be considered.

→ Driving without the appropriate license or during disqualification: Article 343v(1) requires driving while serving a disqualification after a previous administrative penalty for the same act. Paragraph 2 concerns repeated driving without the appropriate license within one year of the administrative penalty.

→ Unregistered motor vehicles and registration plates: the separate offenses in Article 345 may apply; falsifying, obliterating, or damaging a vehicle identification number is assessed under Article 345a. Not every technical irregularity constitutes a crime.

→ Allowing an unlicensed driver, or a driver who has consumed alcohol or drugs, to use a motor vehicle: the prohibition is in Article 102(1), item 1, of the Road Traffic Act, with administrative consequences where its statutory conditions are met. The person providing the vehicle can incur criminal liability only if the specific conduct satisfies the elements of another applicable offense.

→ Accidents involving injured persons: Articles 342 and 343 apply where the elements of a transport offense are established. For negligent death or moderate/serious bodily injury caused by other road users, including users of nonmotorized vehicles, the general offenses in Articles 122 and 133 must also be examined, depending on the facts.

Legal defense should be sought immediately, both for the person whose liability is being investigated and for injured parties. The applicable version of the criminal law depends on the date of the act and the more-lenient-law rule in Article 2.

Legal basis: Articles 2, 122, 133 and 342–345a of the Criminal Code; Articles 102, 174 and 177 of the Road Traffic Act.