Drink driving in Estonia: limits and penalties

What is the legal alcohol limit?

A driver of a motor vehicle, tram or off-road vehicle may not have 0.20 milligrams or more of alcohol in one gram of blood or 0.10 milligrams or more in one litre of exhaled air (LS § 69 lg 3) [1]. For cyclists, drivers of light personal vehicles and mini-mopeds the limit is 0.50 milligrams in one gram of blood or 0.25 milligrams in one litre of exhaled air (LS § 69 lg 3¹) [1].

The law sets the limit as the alcohol content of blood or exhaled air, not as the amount drunk (LS § 69 lg 3) [1]. Before setting off, a driver must make sure that their state of health allows them to drive (LS § 33 lg 2 p 1) [4]. Driving a motor vehicle is also prohibited under the effect of a substance that reduces or impairs the ability to drive (LS § 70 lg 2 p 5) [5].

When is a driver intoxicated?

A motor vehicle driver is considered to be under alcohol intoxication (LS § 69 lg 2) [1] if:

• there are at least 1.50 milligrams of alcohol in one gram of their blood, or 0.75 milligrams or more per litre of exhaled air (LS § 69 lg 2 p 1) [1];
• there are at least 0.50 milligrams of alcohol in one gram of their blood, or 0.25 milligrams or more per litre of exhaled air, and severely disturbed or altered physical or mental functions and reactions are externally perceptible, because of which they are clearly unable to drive with the certainty required in traffic (LS § 69 lg 2 p 2) [1].

Intoxication may also be caused by narcotic, psychotropic or other intoxicating substances (Law Enforcement Act, korrakaitseseadus, KorS § 36 lg 4) [6]. Signs indicating intoxication include a person's appearance, slowed reaction, disturbed speech, memory disorders, coordination disorders and behavioural disorders, and with alcohol intoxication the smell of alcohol in exhaled air (Joobeseisundile viitavate tunnuste loetelu ja nende tunnuste esinemise või mitteesinemise tuvastamise viisid § 2) [7]. The police check them by external observation and by questioning (Joobeseisundile viitavate tunnuste loetelu ja nende tunnuste esinemise või mitteesinemise tuvastamise viisid § 3) [8].

Where is the line between a misdemeanour and a crime?

• 0.20–0.49 mg/g in blood or 0.10–0.24 mg/l in exhaled air – misdemeanour: a fine of up to 100 fine units or withdrawal of the right to drive for up to six months (LS § 224 lg 1) [2].
• 0.50–1.49 mg/g in blood or 0.25–0.74 mg/l in exhaled air – misdemeanour: a fine of up to 300 fine units, detention or withdrawal of the right to drive for up to twelve months (LS § 224 lg 2) [2].
• Intoxication – criminal offence: a pecuniary punishment or up to three years' imprisonment (KarS § 424 lg 1) [3].

A criminal offence is one for which the principal punishment is a pecuniary punishment or imprisonment; for a misdemeanour the principal punishment is a fine, detention or withdrawal of the right to drive (KarS § 3 lg 3 and 4) [9]. If an act meets the elements of both a misdemeanour and a criminal offence, the person is punished only for the criminal offence (KarS § 3 lg 5) [9]. So even at 0.50–1.49 mg/g the act may be a crime if the driver shows externally perceptible severely disturbed functions (LS § 69 lg 2 p 2) [1].

What are the penalties?

For a misdemeanour. A fine unit is the base amount of a fine, and it is 8 euros (KarS § 47 lg 1) [10]. A court may impose detention for up to thirty days (KarS § 48) [11]. As a supplementary punishment, a court or extra-judicial body may withdraw the right to drive for three to nine months if the person has not been punished before for an offence under LS § 224, and for three to twelve months if they have (LS § 224 lg 3) [2]. According to the Supreme Court (Riigikohus), a supplementary punishment is imposed according to the person's guilt and is justified when the principal punishment is not enough to achieve the aim of special prevention and the offender may remain a danger to society (judgment 3-1-1-18-17) [12]. Withdrawal of the right to drive may not be applied as both a principal and a supplementary punishment at the same time (KarS § 48¹ lg 1) [13].

For a criminal offence. A pecuniary punishment is thirty to five hundred daily rates; the court calculates the daily rate from the offender's average daily income, and the minimum daily rate is 10 euros (KarS § 44 lg 1 and 2) [14]. As a supplementary punishment the court may withdraw the right to drive for three months or more (KarS § 424 lg 3) [3]; for a criminal offence the supplementary withdrawal lasts at most three years (KarS § 50 lg 1 p 1 and lg 3) [15]. For a repeated offence the sentence may not be fully suspended and withdrawal of the right to drive is imposed as a supplementary punishment (KarS § 424 lg 4) [3].

If an intoxicated driver, by breaking traffic rules, negligently causes serious damage to a person's health or a person's death, the punishment is three to twelve years' imprisonment (KarS § 422 lg 1 and lg 2 p 1) [16].

What happens to the driving licence?

A driver is removed from driving if there is reason to believe that the alcohol content of their blood or exhaled air exceeds the permitted limit or that they are intoxicated (LS § 91 lg 2 p 2) [17]. Removal prohibits driving until the ground for it ceases, and the decision takes effect when it is made (LS § 91 lg 1 and 4) [17]. Driving by a person who has been removed from driving or whose right to drive has been withdrawn is punished with a fine of up to 300 fine units or detention (LS § 201 lg 2) [18].

Once a decision withdrawing the right to drive has entered into force, the driving licence must be handed over to the Transport Administration (Transpordiamet) within five working days (LS § 127) [19]. If the right to drive was withdrawn for at least six months but less than 12 months, restoring it requires passing the theory test; if it was withdrawn for 12 months or longer, the theory test and the driving test (LS § 129 lg 1 and 2) [20].

What the law says

• „Mootorsõidukijuhi, trammijuhi ja maastikusõidukijuhi ühes grammis veres ei tohi olla alkoholi 0,20 milligrammi või rohkem või ühes liitris väljahingatavas õhus 0,10 milligrammi või rohkem.“ [1] (translation: a driver of a motor vehicle, tram or off-road vehicle may not have 0.20 milligrams or more of alcohol in one gram of blood or 0.10 milligrams or more in one litre of exhaled air; LS § 69 lg 3) – this is the limit for car drivers.
• „Joobeseisund ja alkoholi piirmäära ületamine tuvastatakse korrakaitseseaduses sätestatud korras.“ [1] (translation: intoxication and exceeding the alcohol limit are established by the procedure laid down in the Law Enforcement Act; LS § 69 lg 1).
• „Joobeseisund on alkoholi, narkootilise või psühhotroopse aine või muu joovastava aine tarvitamisest põhjustatud terviseseisund, mis avaldub väliselt tajutavas häiritud või muutunud kehalistes või psüühilistes funktsioonides ja reaktsioonides.“ [6] (translation: intoxication is a state of health caused by the use of alcohol, a narcotic or psychotropic substance or another intoxicating substance, which shows in externally perceptible disturbed or altered physical or mental functions and reactions; KorS § 36 lg 1) – intoxication is not only about alcohol.
• „Kui isik paneb toime teo, mis vastab väärteo- ja kuriteokoosseisule, karistatakse isikut üksnes kuriteo eest.“ [9] (translation: if a person commits an act that meets the elements of both a misdemeanour and a criminal offence, the person is punished only for the criminal offence; KarS § 3 lg 5).

What to do

1. Do not drive while intoxicated or over the alcohol limit, and do not hand over driving to a person in such a state (LS § 33 lg 11 p 2) [4].
2. If the police check you, you have the right to know the reason and purpose of the measure, to contest the reading of the screening device and to demand that intoxication be established with an evidential breathalyser or a blood test (KorS § 38 lg 2 p 1 and 4) [21].
3. Read the record and make statements about the conditions, course and results of the measure, which are entered in the record (KorS § 38 lg 2 p 3) [21].
4. If you were removed from driving, do not drive until the ground ceases (LS § 91 lg 1) [17]; the decision can be challenged under the Administrative Procedure Act (LS § 91 lg 6) [17].
5. If your right to drive was withdrawn, hand your licence over to the Transport Administration within five working days (LS § 127) [19] and prepare for the exam needed to restore the right to drive (LS § 129 lg 1 and 2) [20].

Frequently asked questions

Can I refuse to take a breath test?

You have the right to refuse a check with a screening device or an evidential breathalyser test (KorS § 38 lg 2 p 2) [21]. If you refuse the screening device, alcohol intoxication is established compulsorily with an evidential breathalyser or a blood test; if you refuse the evidential breathalyser, it is established with a blood test (KorS § 38 lg 4) [21]. To ensure a blood sample is taken, the law enforcement authority may use direct coercion against the person obliged to give it (KorS § 40 lg 2) [22].

May I ride a bicycle after drinking?

A cyclist, driver of a light personal vehicle or mini-moped may not have 0.50 milligrams or more of alcohol in one gram of blood or 0.25 milligrams or more in one litre of exhaled air (LS § 69 lg 3¹) [1]. Riding a bicycle, light personal vehicle or mini-moped over the alcohol limit is punished with a fine of up to 50 fine units (LS § 224²) [23]. Other breaches of traffic rules committed over the alcohol limit or while intoxicated are punished with a fine of up to 100 fine units (LS § 259 lg 2 p 1) [24].

What if I let a drunk person drive my car?

An owner, possessor or driver may not let a person who is intoxicated or over the alcohol limit drive a motor vehicle (LS § 90 lg 2) [25]. Knowingly letting such a person drive is punished with a fine of up to 300 fine units, and for a legal person up to 3200 euros (LS § 225) [26].

Does motor insurance cover the damage if the driver was drunk?

Under the Motor Insurance Act (liikluskindlustuse seadus, LKindlS), the insurer has the right of recourse against a driver who drove while intoxicated or in the state referred to in LS § 69 lg 3 (LKindlS § 53 lg 1 p 4) [27]. If such a driver caused the insured event, the insurer does not pay their own medical costs (LKindlS § 44 lg 2) [28].

Do other substances besides alcohol count?

Yes. Intoxication caused by a narcotic, psychotropic or other intoxicating substance is also a type of intoxication (KorS § 36 lg 4) [6], and driving a motor vehicle under the effect of a substance that reduces or impairs the ability to drive is prohibited (LS § 70 lg 2 p 5) [5].