Penalties and punishment for driving while intoxicated and the permissible norm in ppm

The content of the article

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• Driving while intoxicated
• Suspension from driving
• Passing a medical examination for intoxication
• Vehicle detention
• Permissible rate of alcohol in ppm 2017
• Punishment for drunk driving
• The legislative framework
• Aggravating circumstances
• The penalty for drunk driving
• Deprivation of alcohol intoxication
• Re-driving while intoxicated
• Transfer of driving a car to a person while intoxicated
• Why deprive a driver’s license for life
• Drunken criminal liability

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The road is not a place where you can freely drive around after taking a decent amount of alcohol on your chest. A drunk driver, his not always adequate driving behavior is a huge threat to the safety of both the unfortunate driver and the innocent other road users, therefore, the legislation of the Russian Federation provides for methods of punishment for driving while intoxicated – a fine, confiscation of driver’s license or even criminal liability.

Driving while intoxicated

Alcohol abuse while driving vehicles is strictly controlled by law, therefore, often on road routes the traffic police conduct raids aimed at catching drivers who are not afraid to get behind the wheel of a vehicle (it does not matter whether it is a small scooter or a large truck) after drinking alcohol, taking narcotic, tranquilizing, psychotropic drugs. These substances adversely affect the functioning of the brain, making a person inadequate, which poses a great danger to:

• the state of health and life of the drunk driver himself, his passengers;
• pedestrians and other motorists;
• public property.

Suspension from driving

According to the Code of Administrative Offenses (Code of Administrative Offenses) of 27.12, the list of violations that serve as the root causes for the removal of drivers from driving motor vehicles includes a clause on driving while intoxicated. The representative of the traffic police has the right to select a vehicle with its subsequent movement to the penalty area, following the following rules:

1. Confirmation of removal subject to the presence of two disinterested witnesses or the presence of a video recording the offense.
2. Drawing up a protocol certified by the police and the perpetrator of this situation.
3. Presentation of a copy of the document to the driver.

Passing a medical examination for intoxication

When the road patrol stopped your car for inspection and suspected you of drunkenness (focusing on speech, movements, behavior), he should draw up a protocol, then send you for medical confirmation of the fact of drunkenness while driving. A medical examination is carried out by specially licensed medical institutions according to the scheme:

1. Inspection by a specialist.
2. Measurement of the concentration of ethanol vapor (alcohol) in the air from the lungs using an alcohol meter.
3. Analysis of the presence (if the result is positive, then the analysis of the level of content) of psychoactive compounds in the blood and urine.

Vehicle detention

The conclusion of the medical expert confirms the fact of drunkenness while driving and a protocol was drawn up fixing this violation? This means that your car will be immediately detained and transported to a specially equipped parking lot until the cause of the offense is eliminated. The location of the machine will be communicated to you and handed over the relevant documents. Transportation and storage of the car need to be paid – the amount of the total amount will be announced to you when issuing the vehicle after obtaining permission from the official.

Permissible rate of alcohol in ppm 2017

During a medical examination of the fact of alcohol intoxication, an analysis of the ethanol content in the air during exhalation is initially carried out. This number is determined by a special conventional unit called ppm. The allowed dose of alcohol for driving in 2019 remains the same – 0.16 milligrams of pure ethanol, or 0.16 ppm per liter of air exhaled from the lungs and 0.35 ppm per liter of blood.

It is clear that if you drink a bottle of beer, the concentration of alcohol will not be as high as, for example, after drinking 100 grams of cognac. However, it is impossible to preliminarily calculate what dose of alcohol the device will show – the time of weathering and complete elimination of alcohol from the human body is determined by the strength of the alcoholic beverage and the weight of the person.

Punishment for drunk driving

When the fact of the offense (driving the vehicle after drinking) is confirmed by specialists, one of the following methods of suppression will be used by an unruly driver:

• For driving in a drunk state, providing driving to a drunk person, unwillingness to undergo medical examination – a fine, withdrawal of a driver’s license.
• For driving a man’s mechanical vehicle in a fake and without a driver’s license or his unwillingness to undergo a medical test – arrest for 10-15 days.
• Secondary violation of traffic rules during alcohol intoxication after an initial administrative punishment – a fine, removal from office, forced labor, temporary imprisonment.

The legislative framework

All methods of punishment when committing an offense – driving a car after drinking – are explained in detail in two articles of the Code of Administrative Violations and one of the Criminal Code:

• Article 12.8 of the Code of Administrative Offenses.
• Article 12.26 of the Code of Administrative Offenses.
• Article 264.1 of the Criminal Code.

Aggravating circumstances

There are factors that can lead to some toughening of punitive measures for the management of vehicles in a state of intoxication. Aggravating circumstances include:

• attempt to hide from traffic police;
• refusal to undergo a special medical examination;
• insulting, causing bodily harm to a law enforcement representative;
• accident and guilty death.

The penalty for drunk driving

Recently, the government of the Russian Federation introduced the next amendment to the law on driving a vehicle while intoxicated – an increase in the mandatory penalty for driving while intoxicated to the amount of 30 thousand rubles. Such a preventive measure should frighten lovers of a ride after drinking and reduce the number of road accidents. If a person was caught drunk again, he will have to pay at least 200 thousand rubles.

Deprivation of alcohol intoxication

If the motorist, drunk while driving, is caught and his offense is logged, a fine cannot be dispensed with – with the administrative penalty, the offender is temporarily deprived of the right to drive a vehicle by law. The time for which it may be prohibited to drive a car varies from 18 to 24 months and is determined by a court order.

Such a preventive measure is also applied to persons who refused to carry out the procedure of medical confirmation of the fact of drunkenness while driving or entrusted driving a car to a drunk person. If the driver is caught drunk by the police for the second or third time in a row, the period for which the driver’s license is taken increases to 36 months.

Re-driving while intoxicated

The aforementioned articles of the Code of Administrative Offenses determine the methods of punishment in the case of repeated precedent for driving after being drunk. These include:

• pecuniary punishment (up to 300,000 rubles);
• a ban on engaging in certain activities for a period of up to 36 months;
• forced labor for 480 hours (as an additional measure) or up to 24 months (basic punishment);
• up to two years imprisonment.

Transfer of driving a car to a person while intoxicated

Did the hired driver or vehicle owner transfer the controls to another person who is also drunk? Then both offenders (the driver and the person who is entrusted with driving while intoxicated) will be liable for non-compliance with the law in one of the following paragraphs:

• the fine is 30,000 rubles;
• blocking the right to control the vehicle for a period of 18 to 24 months.

Why deprive a driver’s license for life

The legislation of the Russian Federation concerning driving in a drunk state does not contain clear information on why rights can be confiscated from a drunk driver forever. However, if the driver has the imprudence to get drunk driving patrols several times in a row, the period for which he will be deprived of a driver’s license will grow following a geometric progression in accordance with certain laws of the Russian Federation. This period can be over 50 years, so it turns out that a person loses the right to drive a car until the end of his life.

Drunken criminal liability

Article 264.1 of the Russian Criminal Code stipulates the criteria for criminal liability for driving a vehicle drunk with the following offenses:

• Re-driving a vehicle in case of alcohol intoxication after returning a previously withdrawn driver’s license as a method of punishment for the first violation of the law.
• Driving while intoxicated without a driver’s license.
• The most severe criminal punishment is applied to motorists who, being drunk, had an accident and caused serious bodily harm to a person (s) or became responsible for his death. The lines that can be imprisoned depend on the number of victims or victims, but not less than four years.