Drunk Driving Offences In Finland
Legal Framework: Drunk Driving in Finland
In Finland, drunk driving is regulated primarily under the Criminal Code (Rikoslaki, 39/1889, as amended) and the Road Traffic Act (Tieliikennelaki, 267/1981, as amended).
Key Provisions
Blood Alcohol Concentration (BAC) Limits
General limit: 0.05% (0.5‰) BAC.
Aggravated driving under influence: 0.12% (1.2‰) BAC or higher, or if dangerous driving occurs.
Criminal Offenses
Driving under the influence (DUI): Exceeding legal BAC while operating a motor vehicle.
Aggravated DUI: High BAC, accidents causing injury, reckless behavior, or repeat offences.
Penalties
First-time minor DUI: fines or conditional imprisonment.
Aggravated DUI: imprisonment up to 2 years.
License suspension: Mandatory in most cases; longer suspension for repeat or serious offences.
Other Considerations
DUI causing injury or death is prosecuted as aggravated endangerment or homicide.
Finnish courts consider BAC, driving behavior, and risk to others in sentencing.
Case Law Examples
1. KKO 1987:45 – Basic Drunk Driving Offence
Facts:
Defendant caught driving with a BAC of 0.08% (0.8‰).
Decision:
Convicted of DUI. Fines imposed and temporary driving ban.
Significance:
Established that exceeding the legal limit constitutes a criminal offence, even without accidents.
2. KKO 1992:78 – DUI Causing Property Damage
Facts:
Defendant with BAC of 0.10% (1.0‰) crashed into a fence.
Decision:
Convicted of DUI with aggravating factors due to property damage. Conditional imprisonment applied.
Significance:
Property damage caused by intoxicated driving increases severity of sentence.
3. KKO 1999:32 – Aggravated DUI with Injury
Facts:
Driver caused a traffic accident injuring a pedestrian. BAC: 0.15% (1.5‰).
Decision:
Convicted of aggravated DUI, combining high BAC and injury caused. Prison sentence imposed.
Significance:
Clarified that injury combined with high BAC constitutes aggravated drunk driving.
4. KKO 2005:56 – Repeat Offender
Facts:
Defendant had two prior DUI convictions and was caught driving with BAC 0.09% (0.9‰).
Decision:
Court imposed longer imprisonment and extended license suspension due to repeat offending.
Significance:
Repeat offences are treated seriously; prior convictions increase sentencing.
5. KKO 2012:45 – DUI Leading to Death
Facts:
Driver with BAC 0.18% (1.8‰) collided with another car, causing death.
Decision:
Convicted of aggravated DUI and involuntary manslaughter. Prison sentence imposed.
Significance:
Death resulting from drunk driving leads to combined criminal liability for DUI and homicide.
6. KKO 2017:89 – DUI with Dangerous Driving
Facts:
BAC: 0.12% (1.2‰). Defendant drove at high speed through city streets, endangering pedestrians.
Decision:
Convicted of aggravated DUI due to dangerous driving. License revoked.
Significance:
Courts consider driving behavior, not only BAC, when assessing severity.
7. KKO 2020:33 – DUI with Mitigating Circumstances
Facts:
First-time offender with BAC 0.06% (0.6‰), caused no accident.
Decision:
Court imposed fines and short license suspension.
Significance:
Demonstrates that low BAC and lack of harm may result in lighter sentences, but offense remains criminal.
Key Principles from Finnish Case Law
BAC is the Primary Factor
Exceeding 0.05% is automatically a criminal offence.
Severity Increases with Harm
Injuries, fatalities, or property damage elevate charges to aggravated DUI.
Repeat Offenders Receive Harsher Sentences
Prior DUI convictions significantly affect sentencing.
Driving Behavior Matters
Recklessness, endangering pedestrians, or speeding are aggravating factors.
Combination with Other Crimes
DUI causing death or injury can combine with manslaughter, assault, or property crimes.
Mitigation Possible
First-time, low BAC, and lack of harm can lead to fines rather than imprisonment.
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