A driver found to have taken drugs is given an administrative fine of TRY 150,000 and their driving licence is cancelled (Highway Traffic Law (KTK) art. 48(8)). A person who wants to obtain a licence again cannot start a driving course until at least five years have passed since the cancellation. They must also have paid all traffic fines, passed a psycho-technical assessment and obtained a health board report. These rules took their current form with the amendment dated 12 February 2026.
If drugs are detected while driving
Under the current version of KTK art. 48:
- An administrative fine of TRY 150,000 is imposed.
- The driving licence is cancelled. This is not a “suspension” of a few months; the licence ceases to exist altogether.
- The provisions of the Turkish Criminal Code (TCK) are also applied to the person. An investigation for the drug use offence (TCK art. 191) is opened. If the driver is unable to drive safely because of the effect of drugs, the offence of endangering traffic safety is also committed; the penalty for this offence is imprisonment from six months to two years (TCK art. 179(3)). The Court of Cassation may uphold a conviction for this offence on the basis that a driver whose test shows drugs is unable to drive safely.
- If the driver is suspected of having used drugs, the police act as judicial police under the provisions of the Code of Criminal Procedure (CMK).
If the driver refuses the test
A driver who does not allow the police to carry out a test is fined TRY 150,000 and their licence is suspended for five years (KTK art. 48(9)). In other words, refusing the test does not protect the licence. For a suspended licence to be returned, all fines imposed must also have been paid.
How can a licence be obtained again after cancellation?
A person whose licence has been cancelled under KTK art. 48(8) must take the exams again from the start. To begin a driving course:
- at least five years must have passed since the date of cancellation,
- all administrative fines imposed under the KTK must have been paid,
- the person must pass a psycho-technical assessment,
- a health board report from an official health institution showing no condition preventing driving must be obtained.
After this, if the course and exams are completed successfully, a new driving licence is issued.
Can a person with a drug record obtain a licence?
Under KTK art. 41(1)(e), a person whose criminal record shows a conviction for the offences under TCK arts. 188 (trafficking), 190 (facilitating use) or 191 (use) cannot obtain a licence. If a person is convicted of these offences after obtaining a licence, the licence is withdrawn until this condition is met.
Points to know:
- Decisions on postponement of the public prosecution and deferral of the announcement of the verdict (HAGB) are not convictions. They are recorded not in the criminal record but in a special system that only judicial authorities can see. For this reason, as a rule they do not trigger the bar in KTK art. 41.
- In the case of a conviction, the bar lasts until the entry is deleted from the criminal record. Once the sentence has been fully executed, the criminal record entry is deleted and moved to the archive (Criminal Records Law art. 9). We explain the record and archive periods in our article on public employment and criminal records.
- This bar is separate from the “detected while driving” sanction in KTK art. 48. A person may both be caught in traffic and have their licence cancelled, and later, if convicted, also face the KTK art. 41 bar.
How must a blood or urine sample be taken?
CMK art. 75 applies to taking samples from a driver involved in a traffic accident (KTK art. 48(3)). A sample to be used as evidence in criminal proceedings must be taken on a judge’s order or, where delay would be prejudicial, on the prosecutor’s order with a judge’s approval within 24 hours. We explain the details in our article on drug tests.
Challenging the administrative fine
Traffic administrative fines can be challenged before the criminal judgeship of peace (sulh ceza hâkimliği) within 15 days of service (Misdemeanours Law art. 27). Which court reviews administrative measures such as the cancellation of a licence may vary depending on the specific act. For this reason, it is important to have the matter assessed as soon as the notification is received.
Recent Court of Cassation decisions
- Court of Cassation 12th Criminal Chamber, 02.02.2026, E. 2025/5155, K. 2026/836: A driver’s urine test at a traffic check showed methamphetamine and amphetamine; the Forensic Medicine Institute reported that the driver’s ability to drive at the time could not be determined from the available findings. The Chamber stated that, under the legislation, a driver who has taken drugs is regarded as unable to drive safely, and upheld the conviction for endangering traffic safety despite the prosecution opinion (tebliğname) recommending reversal. Decision text
- Court of Cassation 10th Criminal Chamber, 23.09.2025, E. 2024/733, K. 2025/8611: For a defendant who had driven under the influence of drugs, the court had applied the rule on a single act constituting several offences (fikri içtima) and imposed a penalty only for the use offence (TCK art. 191). However, a separate case for the use offence was already pending. The Chamber stated that driving under the influence of drugs and possessing drugs for personal use are separate offences (gerçek içtima) and that judgment should have been given in this case for the driving offence, and reversed the judgment in the interest of the law (kanun yararına bozma). Decision text
- Court of Cassation 10th Criminal Chamber, 19.11.2025, E. 2025/7178, K. 2025/11732: The result of a urine sample taken on the prosecutor’s instruction and not submitted for a judge’s approval cannot form the basis of a judgment. If there is no other evidence, an acquittal is required. Since CMK art. 75 also applies to samples taken in traffic cases, this decision is important. Decision text
Higher court decisions on licence cancellation disputes after the February 2026 amendment will be added to this section as they are published.
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.