Deprivation of rights for a booze can be considered a completely logical measure. After all, a drunk driver is a danger on the road for everyone, and driving in this state is a very serious administrative offense, while liability includes not only the deprivation of a driver’s license, but also a considerable fine. At the same time, it is worth noting the important moment that the State Duma of the Russian Federation adopted a law that tightens liability at times, transferring it from administrative to criminal. Well, now let's talk about what constitutes deprivation of rights for a booze, in more detail.
Drank - do not drive
At the moment, the law provides for the maximum allowable rate of alcohol intoxication at the level of 0.16 ppm per 1 liter of expiratory air. At the same time, this indicator rather serves to level the error of the device itself, which is used during the inspection of the driver. Although this does not mean that it is worth a little to take for courage before the trip.
Even with the fact that the inspectors caught the driver drunk while driving for the first time, he will still face substantial liability not only in the form of withdrawal of the driver’s license, but also in the form of a fine. In particular, if we talk about the numbers themselves, then a driver’s license will be seized for a period of 1.5 to 2 years, and the fine will amount to up to 30,000 rubles The same penalties apply to the owner of the car, who transferred the control of the car to another drunk driver.
But recently, the legislature has introduced a certain innovation. In particular, from July 1, 2015, a more severe punishment is applied for a repeated detention of a driver while drunk for 1 year or for refusing to conduct a survey, which is tantamount to a guilty plea, and the offense is considered not administrative, but criminal. And in this case, the driver can be deprived of his driver’s license for 3 years, fined 300,000 rubles, or imprisoned for up to 2 years. At the same time, in order to regain own rights, it is necessary to pass an exam in theory at the traffic police and pay off the fine in full. But this moment is worth considering in more detail and detail.
If a drunk driver knocked down pedestrians
To date, in the event of an accident on the road in which 1 person died, h. 4. Article. 264 of the Criminal Code of Russia prescribes criminal liability - there is a punishment in the form of imprisonment for up to 7 years and the withdrawal of a driver’s license for three years. Since July 1, 2015, this part has undergone changes: for example, in this case the lower bar of liability was raised, and as a result, liability can be in the form of imprisonment for a term of 2 to 7 years. Now this article has exactly this form. Deprivation of rights for a booze can be repeated if necessary.
Continuation
When it comes to an accident in which 2 or more people died, then Part 6 of Art. 264 of the Criminal Code provides for liability in the form of imprisonment for a period of 4 to 9 years, - you must agree, substantial liability. And if we are talking about causing serious damage to human health as a result of an accident by a drunk driver, in this case there will be a deprivation of will for up to 4 years. Although as an alternative to the driver in this case, forced labor for a 3-year period can be applied and, accordingly, driving deprivation for the same period of time.
If the first time is not enough
In addition, it should be noted that the Criminal Code of the Russian Federation was supplemented by Art. 264-1.According to the provisions of this article, drunk drivers of a car or drivers who refused to be tested for alcohol in the body may be held liable, even when they did not manage to commit this offense. In this case, liability arises upon repeated commission of the offense.
This applies to the situation when the driver was detained for one year for drunk driving after he returned the driver’s license for a similar offense. If the period of deprivation of a driver’s license has not yet expired, when the offense is committed again, he is no longer administratively liable, but criminally liable. In any case, the deprivation of rights for drinking can be called an appropriate measure of influence.
In the second case, according to practicing human rights defenders, the offender himself will be required to pay in full the current fine of 30,000 rubles. At the same time, the one-year period for it will be counted from the day the fine is actually paid. Although you should not despair, you need to remember that imprisonment and a colony will threaten a drunken rowdy driver in the worst case of an accident. The law also prescribes liability in the form of a fine, the amount of which varies from 200 to 300 thousand, or forced labor. Moreover, such a punishment as deprivation of a driver’s license for a period of 3 years will be present in any case and in any type of accident, any accident on the road.
Deprivation of rights for a booze: a fine. We clean the car after an accident
In particular, the legislation also obliges drivers from July 1 of this year after the accident to remove their car from the road after an accident. A similar innovation was introduced and is due to the fact that the driver draws up an accident according to the Euro protocol or simply leaves the scene of the accident in the absence of claims.
In accordance with the new rules of the traffic rules of clause 2.6.1, if as a result of the accident the damage was caused solely to the property, then the driver himself related to him must clear the carriageway of the road (if his car impedes the movement). Before that, he is obliged to document the position of the car at the time of the accident in relation to another car and the environment, traces, objects directly related to the accident, and the damage to the vehicles themselves, with a document or photo.
When there are injured people, the carriageway is freed after the road is completely blocked for further movement of other vehicles. If these requirements are not fulfilled, a fine of 1,000 rubles will be imposed on the violator.
All these toughening of the norms of the law are aimed not at punishing careless drivers, but at reducing the emergency situation and the number of accidents on Russian roads. This is a significant enough motive for such innovations.
Conclusion
In this article, such a punishment as deprivation of rights for a booze was considered. In other words, in a more civilized way, for driving while intoxicated. We found out what the term of deprivation of rights for a booze is. Attention was paid to the analysis and other points. For example, we examined the deprivation of rights for drinking again.
