Drink driving in Cyprus: limits, breath tests, fines and bans
Drink driving in Cyprus is governed by the Road Safety Law of 1986 (Law 174/1986). Section 5 makes it an offence to drive, or attempt to drive, on a road or other public place with more alcohol in your breath or blood than the legal limit. For most drivers the limit is 22 micrograms of alcohol per 100 ml of breath or 50 mg per 100 ml of blood. A much lower limit of 9 micrograms per 100 ml of breath (20 mg in blood) applies to drivers who obtained their first licence less than three years ago, learner drivers, riders of mopeds and motorcycles, drivers of lorries and buses, taxi drivers on duty, drivers carrying dangerous goods and anyone who was disqualified by a court within the last three years.
The penalty depends on the reading. Section 11 sets four bands, from a fine of up to €1,500 for a reading just over the limit to two years' imprisonment, a fine of up to €10,000 and up to two years' disqualification for the highest band. Refusing a breath test carries the same maximum as the top band. Penalty points under the Motor Vehicles and Road Traffic Law (Law 86/1972) are added in every case. This guide explains what happens at the roadside and at the police station, when an out-of-court fine is possible, how the District Court sentences, and which mistakes make the outcome worse.
Key facts
Deadline
If you refuse a breath test for medical reasons, you must show the police a signed medical certificate at the time or, at the latest, within three days at the police station nearest your home (Law 174/1986, section 8); otherwise the refusal is presumed to be without reasonable cause.
If you receive an out-of-court notice, pay within 15 days of its issue, otherwise the fine increases by half; no prosecution may be brought within 30 days of the date of issue (Law 47(I)/1997, section 6). The police must serve the notice within 45 days of the offence (section 5). Penalty points expire two years after they are imposed, and a repeat drink-driving offence within three years of a conviction allows the court to double the penalties (Law 174/1986, section 11(5)).
What to do
Expect a preliminary breath test at the roadside. A police officer may ask you for a breath sample if they reasonably suspect that you have alcohol in your body or that you committed a traffic offence while the vehicle was moving, and after any road accident. Section 6(2) of Law 174/1986 also allows a test without any suspicion, so random checkpoints are lawful.
The sample is given on the spot or, if that is not possible, at the nearest police station. Refusing or avoiding the test without reasonable cause is itself an offence under section 6(5), and the officer may arrest you without a warrant if you refuse and they suspect alcohol. Stay calm, follow the instructions for blowing into the device and do not argue about the result at this stage.
Give two samples for the final test at the police station. If the preliminary test is positive, you will be asked for two breath samples for the final (evidential) test, at least ten minutes after the preliminary sample, at the nearest place with the necessary equipment (section 7). If the two readings differ, the lower one counts.
The device prints the result automatically, and a police officer certifies that the printout relates to your sample; this printout is the main evidence in court (section 10(3)). Ask for a copy and check the date, time and your name on it. If you are injured, the test may be done only with a doctor's consent; if a breath test is medically unsuitable, the police may ask for a blood sample instead.
If you cannot give a breath sample, prove it properly. The only reasonable cause the law accepts for refusing is a medical one, certified by a signed statement from a medical practitioner. You must show it to the officer at the time of the request or, at the latest, within three days at the police station nearest your home (section 8). Without the certificate the refusal is presumed to be unjustified.
Courts look closely at such certificates: a general note that you suffer from a condition is not enough if it does not explain why you were unable to give a satisfactory sample. In hospital, samples may be taken only with the consent of the treating doctor and inside the hospital (section 9).
Work out which limit and which band apply to you. The general limit is 22 µg/100 ml of breath (50 mg/100 ml of blood). The lower limit of 9 µg (20 mg) applies to novice drivers in their first three years, learners, riders of L-category vehicles (mopeds, motorcycles, quads), drivers of lorries and buses, taxi drivers on duty, drivers of vehicles with dangerous goods and anyone disqualified by a court in the last three years.
For the general limit, section 11(1) sets these maximum penalties: up to 35 µg, one month's imprisonment and/or €1,500; 36 to 55 µg, three months and/or €3,000; 56 to 70 µg, eight months, €5,000 and up to four months' disqualification; above 70 µg, two years, €10,000 and up to two years' disqualification. For the lower limit, the same steps start at 23, 36 and 56 µg (section 11(2)).
Read the out-of-court notice carefully if you are offered one. For the three lower bands the police may offer you an out-of-court settlement: a fixed fine under the Out-of-Court Settlement of Offences Law (Law 47(I)/1997) together with penalty points under Law 86/1972. The fixed fines in the schedules may not exceed €500 (section 3(3)). For the highest band (above 70 µg, or above 55 µg for the lower limit) no out-of-court settlement is possible, and you will be prosecuted.
Pay within 15 days to avoid the 50 % increase and sign the declaration accepting the points; the settlement is complete only once the points are entered on your licence and the fine is paid. Paying is not a conviction (section 11), but a court may take it into account if you reoffend.
If you are summoned to court, prepare a defence. Prosecutions are heard by the District Court of the district where the offence took place, under the Criminal Procedure Law, Cap. 155. The prosecution must prove the offence beyond reasonable doubt, including that the device was certified and used correctly and that the procedure in sections 6 to 10 was followed.
Cases are won on evidence: whether the officer had grounds to request the test when the request was based on suspicion, whether two samples were taken at least ten minutes after the preliminary test, and whether an error message such as a bad sample was wrongly treated as a refusal. A lawyer should see the printout, the officer's notes and any video before you plead.
Understand how the court sentences. Within the maximum, the court considers the reading, the manner of driving, whether there was an accident, your record and your personal circumstances. For the two lower bands it may add disqualification of up to three months to the fine (section 11(4)). If you reoffend within three years of a conviction, the court may impose double the penalties (section 11(5)).
If you are convicted at the same time of reckless or dangerous driving under section 7 of Law 86/1972, you lose your licence for at least two months. Where drink driving causes death or serious injury, the Supreme Court treats alcohol as a major aggravating factor, and long prison sentences and disqualification are imposed.
Track your penalty points and the period after a ban. The schedule in Law 86/1972 sets points for drink driving: 1 to 3 points for the lowest band, 3 to 6, 4 to 8 and 5 to 10 points for the higher bands under the general limit. If you accumulate 16 or more points within two years, including the new offence, the court may disqualify you for up to six months, or up to twelve months if you were disqualified in the previous five years. Points expire two years after they were imposed.
After any court disqualification you are subject to the lower alcohol limit for three years from the date of the ban (Law 174/1986, section 5(2)(b)(vii)). In practice this means you should not drive after drinking at all during that period.
What to watch out for
- Refusing the test to avoid a high reading. Refusal without a medical certificate carries the same maximum as the top band: up to two years' imprisonment, a €10,000 fine and up to two years' disqualification (section 11(3)).
- Assuming the general limit applies. Many drivers in their first three years, motorcyclists and taxi drivers do not realise that a single drink can put them over the 9 µg limit.
- Drinking after driving and before the test. The law presumes that your alcohol level when driving was at least as high as in the sample. You can rebut this only by proving both that you drank after you stopped driving and that without that drink you would have been under the limit (section 10(2)).
- Missing the three-day deadline for the medical certificate. If it is not shown within three days at the police station nearest your home, the refusal is presumed unjustified.
- Ignoring the out-of-court notice. After 15 days the fine increases by half, and after 30 days the police may prosecute you in court, where the maximum penalties are far higher.
- Driving while disqualified or with too many points. This is a separate offence, and for three years after any court ban the lower 9 µg limit applies to you.
- Overlooking insurance consequences. Your motor policy may exclude cover for driving over the limit, and the insurer may try to recover from you what it paid to an injured third party. Check the policy wording after any accident.
Legal basis
Related court decisions
Frequently asked questions
What is the drink driving limit in Cyprus?
For most drivers it is 22 micrograms of alcohol per 100 ml of breath or 50 mg per 100 ml of blood (Law 174/1986, section 5). Novice drivers in their first three years, learners, motorcyclists, lorry and bus drivers, taxi drivers on duty and drivers carrying dangerous goods must stay under 9 micrograms of breath alcohol, which is close to zero.
Can the police stop me for a breath test without a reason?
Yes. Section 6(2) of Law 174/1986 allows a police officer to ask any driver for a preliminary breath sample even without suspicion, so random checkpoints are lawful. After an accident, the police may test anyone they reasonably believe was driving one of the vehicles involved.
What happens if I refuse a breath test in Cyprus?
Refusing without reasonable cause is an offence. On conviction you face up to two years' imprisonment, a fine of up to €10,000 or disqualification for up to two years, or any combination (section 11(3)). The only accepted excuse is a medical reason, certified by a doctor and shown to the police within three days.
How much is the fine for drink driving in Cyprus?
It depends on the reading. Under the general limit the maximum is €1,500 up to 35 µg, €3,000 from 36 to 55 µg, €5,000 from 56 to 70 µg and €10,000 above 70 µg, with imprisonment and disqualification possible. For lower readings the police may offer a fixed out-of-court fine of up to €500 with penalty points.
Will I lose my licence for drink driving?
Not automatically for a low reading, but the court may disqualify you for up to three months even in the lowest bands, up to four months in the third band and up to two years in the highest band. Accumulating 16 points within two years can also lead to a ban of up to six months.
Is paying the out-of-court fine a criminal conviction?
No. Section 11 of Law 47(I)/1997 says that an out-of-court settlement and payment of the fine are not a conviction. A court may, however, take them into account when sentencing you for a similar offence later. The penalty points are still entered on your licence.
How many penalty points do you get for drink driving in Cyprus?
Under the general limit the schedule of Law 86/1972 provides 1 to 3 points for the lowest band, 3 to 6 for the second, 4 to 8 for the third and 5 to 10 for the highest band. Points expire two years after they were imposed.
Which reading counts if the two breath samples differ?
The lower one. Section 7(3) of Law 174/1986 provides that where the two samples for the final test give different readings, the lower reading is taken into account. The final test must take place at least ten minutes after the preliminary roadside test.
Can I be prosecuted for driving under the influence of drugs?
Yes. Since 2016, Part IIA of Law 174/1986 makes it an offence to drive or attempt to drive while under the influence of drugs. The police may ask for a saliva sample for a preliminary test, including at random, and confirmation is done by the State General Laboratory.
Does a drink driving offence in Cyprus affect a foreign licence?
The Cypriot court disqualifies you from holding or obtaining a licence in Cyprus, whatever licence you hold. Whether the ban is recognised in your home country depends on that country's rules; inform your licensing authority if you are required to, and do not drive in Cyprus during the ban.
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