In Portugal, the maximum blood alcohol level for driving is below 0.5 g/l. For drivers who have held a licence for less than three years (probationary period) and for professional drivers, such as taxi, ride-hailing (TVDE) or lorry drivers, the limit drops to 0.2 g/l.
At 0.5 g/l or more it is already an offence, with a fine of €250 to €2,500 and a driving ban. From 1.2 g/l it is a crime.
In this guide we explain the limits, the fines for each band, the licence points you lose, how the breath test works and what happens with your insurance if you have an accident after drinking.
What is the legal blood alcohol limit in Portugal
Article 81 of the Highway Code (Código da Estrada) treats a driver as under the influence of alcohol with a blood alcohol level (TAS) of 0.5 g/l or more. The limit is 0.2 g/l for:
- drivers in the probationary period, that is, the first three years of holding a licence;
- taxi and TVDE (ride-hailing) drivers;
- drivers of heavy passenger or goods vehicles and of dangerous goods transport;
- drivers of emergency or urgent service vehicles;
- drivers of group transport for children and young people up to 16.
Grams per litre of blood and milligrams per litre of breath
The police breathalyser measures alcohol in exhaled air (TAE), in mg/l. The law converts it like this: 1 mg/l of breath equals 2.3 g/l of blood. So 0.5 g/l of blood is about 0.22 mg/l on the device, and 1.2 g/l is about 0.52 mg/l.
Drink-driving fines: bands, bans and points
For most drivers, the Highway Code sets these bands:
- 0.5 to under 0.8 g/l: serious offence, fine of €250 to €1,250, driving ban of 1 month to 1 year and 3 licence points lost;
- 0.8 to under 1.2 g/l: very serious offence, fine of €500 to €2,500, ban of 2 months to 2 years and 5 points lost;
- 1.2 g/l or more: the crime of driving while drunk.
For probationary drivers and the professional drivers above, the bands are lower: 0.2 to under 0.5 g/l is a serious offence, and 0.5 to under 1.2 g/l is very serious. The crime still starts at 1.2 g/l.
Points are only deducted once the decision is final. See our guide on how to check your licence points and what happens when they reach zero, or check them directly on the gov.pt licence points service.
When drink-driving is a crime: the Penal Code
Article 292 of the Penal Code punishes anyone who drives a vehicle, with or without an engine, with a TAS of 1.2 g/l or more. The penalty is up to 1 year in prison or a fine of up to 120 days.
On top of that, the court imposes an additional driving ban of 3 months to 3 years (article 69 of the Penal Code). That conviction takes 6 points off the licence.
Because it says «with or without an engine», the crime also applies to cyclists. The limits are the same for motorcyclists; if you are thinking of getting the A category, see our guide to the motorcycle licence.
How the breath test works at a police check
- it is compulsory: every driver must take the test; refusing is the crime of disobedience;
- second test: if it is positive, you can immediately ask for a second test, with another breath test or a blood test; the second result is the one that counts;
- costs: if the second test is also positive, you pay the costs it caused;
- 12 hours without driving: with a positive result, you cannot drive for 12 hours, unless you prove earlier, with a test you request, that you are no longer under the influence.
Driving within those 12 hours is the crime of aggravated disobedience. In other words, if you test positive, either the car stays put or another licensed, sober driver takes the wheel.
Accident after drinking: the insurer pays, but can charge you
Compulsory insurance still compensates the victims. But article 27 of the compulsory motor insurance law (Decree-Law 291/2007) gives the insurer a right of recovery against a driver who caused the accident with a blood alcohol level above the limit.
In practice, the insurer can claim back everything it paid to the injured parties. In an accident with injuries, that can be a very large sum. If you have had an accident, first see what to do after a car accident and how to fill in the European accident statement.
How long alcohol takes to leave your blood
There is no set number. It depends on your weight, sex, what you ate, what you drank and how much time has passed. Coffee, a cold shower or mints do not lower your blood alcohol level: only time does.
The safest rule is simple: if you are going to drive, do not drink. If you have been drinking, agree beforehand who drives, or leave the car.
Frequently asked questions about blood alcohol limits
What blood alcohol level is allowed for driving?
Below 0.5 g/l for most drivers. Below 0.2 g/l for probationary drivers and for taxi, TVDE, heavy vehicle, emergency and child transport drivers.
At what blood alcohol level is it a crime?
From 1.2 g/l of blood, about 0.52 mg/l on the breathalyser. It is a crime for all drivers.
What is the fine for driving with 0.5 g/l?
From 0.5 g/l to under 0.8 g/l, the fine is €250 to €1,250, with a driving ban of 1 month to 1 year and 3 points lost.
Can I refuse the breath test?
No. Refusing the test is the crime of disobedience, and you cannot drive for 12 hours.
How many points do I lose for drink-driving?
3 points for a serious offence, 5 for a very serious one and 6 if convicted of the crime with a driving ban.
