De minimis non curat lex

The law does not care about the little things

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677-55-44

Peterburi tee 47, Tallinn

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Penalties for driving in the state of intoxication

The lawyers of Kalashnikov Law Office remind and warn that driving a vehicle in the state of intoxication is the guilty punishable act:

Misconduct
Shall be punished by a fine or arrest, as well as additional deprivation of driving rights

    According to article 224 of the Road traffic law of the Republic of Estonia, driving a motor vehicle in excess of the alcohol limit is punishable administratively as follows:

  • Driving a motor vehicle by a person whose alcohol content in one gram of blood is between 0.20 and 0.49 milligrams or whose alcohol content in one liter of exhaled air isbetween 0.10 and 0.24 milligrams is punisable by a fine of up to one hundred penalty units or by deprivation of the vehicle driving rights for up to six months.
  • The same act committed by a person whose alcohol content in one gram of blood is between 0.50 and 1.49 milligrams or whose alcohol content in one liter of exhaled air is between 0.25 and 0.74 milligrams is punishable by a fine of up to three hundred penalty units, imprisonment or deprivation of the vehicle driving rights for up to twelve months.
  • The court or institution conducting the extrajudicial procedures may apply as additional punishment for the commission of the guilty act provided for in this article, deprivation of the right to drive a vehicle as follows: for a period of time between three and nine months, if the person has not been previously punished for the guilty act provided for by this article, or for a period of time between three and twelve months, if the person was previously punished for the guilty act provided for by this article.

Crime
Shall be punished by a monetary penalty or imprisonment, as well as further deprivation of the rights to drive a vehicle

    Article 424 of the Penitentiary (Criminal) code of the Republic of Estonia states that: driving a vehicle in the state of intoxication is a crime and is punishable by monetary penalty or imprisonment for up to three years.

  • According to Part 1 of Article 36 of the Public Order Act, intoxication is the state of health caused by the consumption of alcohol, drugs or psychotropic substances which is shown in violation or change of physical or mental functions and reactions.
  • According to Part 1 of Article 69 of the Road Traffic Act, the driver of a vehicle is considered to be under the influence of alcohol in the following cases: if one gram of the driver’s blood contains at least 1.50 milligrams of alcohol or one liter of exhaled air contains 0,75 milligrams of the vapour of alcohol or more.

Retaking the exam

    Also, do not forget that according to the decree of the Minister of economic affairs and communications “On the examination of the vehicle driver and the procedure for issuing the driving license”, dated June 28, 2011:

  • If the driver is deprived of the right to drive a vehicle for a period of 6 (inclusive) to 12 months (not including), for restoring the right to drive a vehicle he/she must retake the state exam in theory in the Road administration
  • If the driver is deprived of the right to drive a vehicle for a period of more than 12 months (inclusive), for restoring the right to drive a vehicle he/she must retake both the state exam in theory and the driving test in the Road administration

The lawyers of Kalashnikov Law Office have many years of experience successfully protecting clients’ interests on issues of criminal law and proceedings in cases of misconduct, related with driving a vehicle in the state of intoxication both at the stage of preliminary investigation and during the judicial process.

You can find more information about our services on the thematic page of our website about criminal law and proceedings in cases of misconduct.

If you want to schedule a counseling session with a lawyer, you should fill out the appropriate form on our website, you can also call (+372) 677 55 44 or send a letter to the e-mail address