Today, almost every second family has a vehicle. Everyone should understand the dangers of drunk driving and what responsibility a drunk citizen takes upon himself when he gets behind the wheel. The main cause of accidents in personal vehicles is drunk driving.
Drunk driving is a serious administrative violation, for which not only an impressive fine is provided, but also deprivation of driver's license. As you know, the Russian State Duma adopted new law a mandatory project that provides not only stricter penalties for repeat violations related to drinking alcohol while driving, but also transferring them to criminal status.
What are the consequences of drunkenness for a motorist?
The law defines a standard that regulates the maximum permissible blood alcohol content at 0.16 ppm. This figure is provided only for leveling small errors in instruments. Therefore, this does not mean that you can “sip” a little before getting into the driver’s seat and starting to drive. Regardless of how many times the culprit is stopped by the police for drunk driving, he will be fined and lose his driver's license.
Types of punishment:
- deprivation of a drunk driver's license for 1.5-2 years;
- fine 30 thousand rubles.
A driver is not exempt from punishment if he entrusted the control of his vehicle to a person who drank alcohol before he got behind the wheel of the car. However, the type of punishment for this offense does not change.
Since July 1, 2015, a new law has been in force, providing for the reclassification of punishment from administrative to criminal for the second and subsequent arrests of a drunk driver within a year. Also, the driver’s license to drive a vehicle is taken away for a three-year period; he must pay a decent fine to the state treasury - up to 300,000 rubles. To obtain a license back, the driver undertakes to pass a theoretical knowledge test at the traffic police and pay off the fines imposed on him.
What will happen to an accident caused by a drunk driver?
Often it is because of drunk motorists that pedestrians are hit. It's good if you only get by with a couple of small scratches. In this case, the motorist can be held solely administratively liable. But if the driver of a car or other vehicle is involved in an accident with serious consequences (serious injuries, death of the victim), the motorist will also bear criminal liability. The degree of severity of punishment for a drunk driver who commits an accident:
- when causing serious harm to the health of another person, he may be imprisoned for 4 years or sentenced to forced labor for a three-year period and deprived of his rights for up to 3 years;
- if the victim is in Road accident man died, the culprit can be imprisoned for 7 years, while the license is confiscated for 3 years;
- If 2 or more people died due to an accident, the owner of the car who was driving at the time of the incident may be sentenced to 9 years or sentenced to forced labor for 5 years and deprived of his driver’s license for 3 years.
Since the law specifies only the maximum liability, most motorists who hit a person to death while drunk get off with a suspended sentence.
But deputies have already begun to correct this oversight. So in the summer of 2016, the Criminal Code will contain changes with minimum terms of criminal liability in the form of imprisonment, which will be applied to motorists who provoke serious accidents committed under the influence of alcohol.
Responsibility for repeated violations of the law
If the driver is stopped again and it is established that he has been intoxicated for a year, after his license is returned, after it is confiscated, he commits a repeated violation of the law. Today, such a criminal offense entails punishment - deprivation of rights for 3 years, a fine, and stay behind bars for about 2 years. Do not forget: if a driver refuses to establish the presence of alcohol in the blood, this is tantamount to drunk driving and leads to the same consequences.
According to statistics, about 8% of all road accidents occurred due to drivers arriving under the influence of alcohol. These indicators remain unchanged and, unfortunately, do not depend on the fact that the punishment for drunk driving has become more severe.
This video talks about penalties for drunk driving:
Every drunk driver, when he gets behind the wheel, believes that nothing will happen to him.
As a result, thousands of people lose their lives every day because of such unfortunate drivers, and many more pedestrians and other participants traffic suffer serious injuries, most of which lead to disability.
According to statistics, on Russian roads Every year, more than 25 thousand people lose their lives as a result of road accidents. Most often, such terrible accidents on the roads due to driving while intoxicated occur in regional centers and amount to approximately 37%; in rural areas this figure is about 15%.
The largest number of accidents occur on weekends and Mondays, since at this time many motorists are under the influence of alcoholic beverages and, without hesitation, get behind the wheel, justifying it as a necessity.
This video talks about the problem of drunk driving and how to solve it:
Is this irresponsible pursuit worth the loss of health, life or material resources?
Driving a vehicle requires good coordination and full attention. Drinking alcohol greatly reduces these characteristics. As a result, a drunk person's car often becomes a threat to society. For this reason, the punishment for this regularly increases. A drunk driver behind the wheel in 2019 risks receiving a large fine, losing his driving license, and incurring criminal liability.
Allowed rate
To get a fine for drunk driving, don't drink too much. It often happens that a person sits down after a very small dose and is considered quite sane, but a breathalyzer test says otherwise. Or it may be that the driver did not drink at all, but there are medications that prevent you from driving, as they will also indicate intoxication.
For this reason, it is important to understand how much a person is generally allowed to drink, so as not to disrupt the order. It is prescribed by law permissible value alcohol in the blood fluid is 0.36 ppm, and in the air - 0.16.
If we take into account the fact that one ppm is approximately a tenth of a percent, then it becomes clear that the driver is allowed to consume just a little bit. According to estimates, you are allowed to drink approximately fifteen grams of vodka or one glass of light beer. However, this is not before the ride, but about a couple of hours before. If you plan to get into the car in the morning, then in the evening you also need to limit your consumption.
How alcohol is eliminated from the body
Most people who drink alcohol believe that it will “evaporate” in the near future.
And this, to some extent, is true, because over time the content of ethyl alcohol decreases. It goes like this:
- Through the skin as sweat.
- Through the kidneys by urination.
- Through the lungs as air.
Motorists should understand that the rate at which alcohol leaves the body varies, and it all depends on personal characteristics. This is influenced by many factors, including weight, age, health and even gender.
Examination
The entire process of checking a driver for alcohol consumption occurs in two stages.
Primary is carried out on road lane inspection employee. The reason is external indicators of intoxication, for example, incoherent, confused speech, coordination problems, and so on. The service worker takes the motorist away from the vehicle and performs a test using a specially designed alcohol tester.
Survey
After the first check, the employee sends the driver to a medical facility for a subsequent recheck. Here the doctor carries out a medical examination, which means a secondary examination with a breathalyzer. The driver must then submit to blood and urine fluid tests.
Based on the research, the health worker writes a conclusion about whether the person is intoxicated.
Punishment
Almost every day on television and on the Internet you can see notifications about road accidents, the culprits of which are considered to be drunken motorists. The authorities are trying to explain using accessible methods that drunk people should not drive.
However, calls alone cannot eradicate this. For this reason, the Ministry of Internal Affairs uses fines as a persuasive means. The liability for driving while intoxicated in 2019 is much more serious.
Thus, fines and periods of deprivation of rights have increased. Among other things, a criminal article has been introduced for this violation. The police are appealing to all people, if you see a person getting behind the wheel or already driving while intoxicated, do not remain indifferent. Everyone should know how and where to report a drunk driver.
Fines
When assigning fines, two main nuances are taken into account: whether there was an accident, and whether there were previous cases of such an offense, that is, a primary case or a secondary one.
What happens if the violation is primary?
What happens if you are caught driving drunk for the first time:
- Fine of 30 thousand rubles.
- Deprivation of a driver's document for 1.5-2 years;
- Arrest for 10-15 days.
A similar punishment for driving while intoxicated awaits those who do not want to undergo a medical examination.
The same applies to handing over the steering wheel to a person under the influence of alcohol. By giving a car to a drunk friend, the car owner risks saying goodbye to his money and license for two years.
Criminal liability for drunk driving is provided if an accident occurs with serious consequences, and also in a secondary case.
Repeated violation
There are many people who do not learn from mistakes and repeat them again. If a person is caught drunk by an inspector twice in a year, then this is considered a recidivism, which is punished quite seriously.
If you are caught for the second time, then you face:
- Fine 200-300 thousand rubles.
- Deprivation of driver's license for 3 years.
- Approximately 480 hours of work.
- Up to 2 years of forced labor.
The same is provided if the violator for the second time refuses to undergo re-checking.
Back in 2015, an article was introduced on criminal liability of up to two years in a secondary case.
Many people are interested in the question of whether the law provides for the confiscation of a car for drunk driving. Despite the fact that the authorities have repeatedly voiced the innovation, the measure has not been adopted.
If a person was hit by a drunk driver
A collision is considered a serious accident, for which admin is due. and criminal liability. The punishment depends largely on where the accident occurred.
There are two options:
- Collision at a crossing that is regulated or not regulated;
- Outside the pedestrian crossing.
In the first situation, the driver is to blame; he must make sure that there are no people at the crossing, and then drive.
If the person was drunk, this is an aggravating circumstance. Driving while intoxicated also carries penalties.
The measure is selected based on the harm caused:
- Not injured - punishment for drunk driving.
- The pedestrian suffered minor damage to health - a penalty of 2500-5000 rubles, or confiscation of the driver's license for up to one and a half years. Plus the penalty for blood alcohol is added.
- The victim received damage of moderate severity - a penalty of 10 to 20 thousand rubles, the driver's license in this case will be taken away for 2-3 years.
- If the injuries are serious, then work for up to 2 years and imprisonment for up to 3 years are imposed, as well as deprivation of rights for the same period.
Punishment for drunk driving in 2019 includes payment of compensation to the victim and relatives of the accident victim.
If the collision occurred outside the crossing, then the driver does not respond. But if he was drunk, he will pay a fine for drunk driving and lose his license.
And the pedestrian will pay a fine for crossing in the wrong zone. There are also cases when a pedestrian throws himself under a car. In this case, the driver will not be held responsible and, accordingly, there will be no punishment. To do this, it is enough to have a video from the recorder or two witnesses. But if he was drunk, he will still have to pay a fine.
Time to pay
The collection payment process, which is described by the admin. Code, also applies to drunk driving situations.
Payment deadline for any traffic fine equal to 60 days from the moment it was recorded, in our situation - from the moment the medical examination was concluded.
Not long ago it was decided that drivers who pay a fine within twenty days can get a fifty percent discount.
If payment is not made on time, then information about this is sent to the bailiffs, who give the person ten days to voluntarily repay the debt, and if this was not done, then a punishment is imposed:
- The fine is doubled.
- Works up to fifty hours.
- Arrest for fifteen days.
If a person believes that the penalty was issued unfairly, then he can appeal it within ten days.
Is it possible to reduce or defer payment?
Liability for drunk driving in 2019 involves quite large sums. According to the rules, the judge can reduce the fine to a maximum of fifty percent, but good reasons are needed: necessity, when a person is urgently forced to get behind the wheel.
Also, in court, it is possible to defer payment for a period of no more than three months when a person has financial problems.
Now it’s clear that getting behind the wheel after drinking alcohol in 2019 is not a cheap pleasure.
How to avoid collection
In order to avoid punishment, you must know exactly the order of all procedures. It is difficult to apply this knowledge, because you need to understand everything clearly and clearly, and not yet succumb to the provocations of the inspection officer.
- Do not panic.
- Do not confess without double-checking.
- Do not take dictation.
- Double-check the documentation with the witnesses and find out that they are definitely not traffic police inspectors. There are two of them.
- Do not go for inspection without a traffic police officer.
- View the protocol, the medical examination report, the result of the recheck, the direction. Look at the date, circumstances and signatures of witnesses.
- The check should be carried out only on a device with information displayed on the display and in the presence of a sterile tube.
Is it possible to return the rights ahead of schedule?
The law stipulates the possibility of returning a license ahead of time only for those motorists who were sober.
It becomes clear that it is best to refuse to drive a car if you are drunk. Drivers who have had their license revoked for drunk driving will not be able to get their license back early.
Video:
Disqualification for drunkenness| drunk driving| 087 The blonde has the right
Drunk driving is considered one of the most serious offenses, which can be punished not only by confiscation driver's license, but also by imposing a large fine. In addition, the State Duma adopted a corresponding law regulating the punishment for repeated driving while intoxicated. Now this act can be classified not as administrative, but as criminal.
Punishment for drunk driving
Today, Russian legislation has established a clear standard for the alcohol content in a person’s blood, which is acceptable when driving vehicles — 0.16 ppm per 1 liter of air when exhaled. This value is very conditional, necessary, first of all, to determine the error of the device used to measure alcohol intoxication in a person. In other words, this norm does not at all mean that you can drink a little before driving, trying to get into this value.
If a driver is stopped for the first time for driving while drunk, this does not mean that any leniency will be shown to him. Such careless drivers will face the following punishment:
- Deprivation of a driver's license for a period of one and a half to two years.
- Administrative penalty in the amount of 30,000 rubles.
Refusal to undergo testing is considered identical to driving while intoxicated. A person who refuses to be examined legally admits that he is drunk, which entails the same penalties as for driving while intoxicated.
If a person is not driving himself, but has transferred control of his car to another person who is also intoxicated, then the penalties will be the same - deprivation of a driver’s license and a fine.
To get your driver's license back, the offender will have to retake the entire driving theory test, as well as pay all the fines imposed on him. Naturally, all this will be carried out in the traffic police department, which imposed penalties on you.
Repeated punishment for driving while drunk
If, after returning a driver’s license, a person is caught driving drunk again, then he commits a relapse, i.e. repeated act. Such an offense may already be qualified under a criminal article of the Criminal Code of the Russian Federation.
In general, repeated driving while intoxicated can have the following consequences:
- Revocation of driver's license for three years.
- Collection of up to 300,000 rubles.
- Imprisonment for up to two years.
Since July 2015, penalties for repeated driving while intoxicated have been tightened. If previously such an act was qualified as administrative offense, it is now considered a criminal offense.
If a drunk driver hits a pedestrian
The punishment for such a driver will depend on the severity of the injuries the pedestrian receives. If a person was slightly injured, then we can consider that the drunk driver was lucky - he will face administrative liability. It’s a completely different matter if a pedestrian suffered significant harm to health, or death was recorded, then such acts are regulated by the Criminal Code of the Russian Federation.
In such cases, the responsibility of the drunk driver will be as follows:
- Causing significant damage to health, causing temporary disability - imprisonment for up to four years. The alternative may be three years of forced labor, as well as deprivation of a driver’s license for up to three years.
- If the death of one person is recorded, the maximum possible imprisonment will be seven years, with the deprivation of a driver’s license for three years.
- If two or more deaths were recorded, the maximum possible sentence under this article will be nine years. The alternative may be forced labor for up to five years, as well as deprivation of a driver's license for three years.
Based on these data, only the maximum possible sentence for committing such acts is regulated. This leads to the fact that many drunk drivers, as a result of whose actions people died, may even receive suspended sentences. Fortunately, this trend is changing, because a law is expected to be adopted, according to which it will be appointed minimum terms for committing these offences.
Changes in the future
In the summer of 2015, a new standard came into force, according to which penalties were tightened for those drivers who drove drunk repeatedly:
- Administrative penalty from 200 to 300 thousand rubles.
- Forced labor for up to two years.
- Criminal liability associated with imprisonment for up to two years.
The video details the penalties for driving while drunk.
In addition, more severe punishments await those persons whose actions resulted in the death of people:
- If one person died, the minimum punishment is imprisonment for up to two years.
- If two or more persons died, the minimum punishment is imprisonment for a period of at least four years.
A driver under the influence of alcohol becomes dangerous not only for himself and his passengers, but also for all road users nearby. In 2017, a bill was passed that tightened penalties for drivers who drive while drunk.
Fines for drunk driving in 2017
According to the amendments made to Articles 12.26 and 12.8 of the Code of Administrative Offenses of the Russian Federation, the penalties for drivers found by the traffic police officers drunk while driving will be as follows:
- A fine of 30 thousand rubles.(or deprivation of a driver’s license for up to 2 years);
- For repeated drunk driving, the fine increases up to 300 thousand rubles.(deprivation of driver's license for up to 3 years), the offense is regulated by Art. 264 of the Criminal Code of the Russian Federation;
- If a drunk driver is guilty of causing harm to other road users (pedestrians, other drivers), liability also arises in accordance with the Criminal Code - imprisonment for up to 4 years;
- Fatal outcome for road users due to the fault of a drunk driver is regarded by the Criminal Code as a reason to imprison the culprit for a period of 7-9 years, depending on the number of deaths.
The presence of drunk drivers on the roads is one of the big problems in the Russian Federation. Annually penalties for such offenses are becoming more severe, in order to increase the motivation of drivers not to drive after drinking alcohol.
Important nuances
- There will be no punishment if the alcohol content when measured by the driver is less than 0.16 ppm per 1 liter of air.
- Refusal of medical examination and testing for intoxication by a traffic police officer is in itself a serious offense for which the driver faces serious sanctions, including deprivation of his driving license. The exception is cases when a traffic police officer violates the rules for introducing and conducting driver inspection.
- Drunk driving is classified as an administrative offense, however, if there are injuries due to the fault of a drunk driver, the offense becomes criminal .
The annual increase in fines for drivers who do not consider it shameful to appear on the roads drunk has become a constant trend. The current position regarding such motorists amounts to a serious offense, akin to handing over control to third parties without a driver's license. In the future, most likely, the penalties for drunk driving will only increase.
