Each state is trying to tighten the rules of the road and introduce penalties that could affect careless drivers who drive while intoxicated. Of course, fines cannot solve the main problem, as many motorists treat them condescendingly and do not consider punishment. In order to somehow restore order on the roads, more serious measures were taken to punish offenders. Now, a driver in a state of intoxication can be threatened not only by deprivation of rights, but also by administrative punishment.
But punishment can not always be applied to the driver, sometimes even the law provides for an amnesty for deprivation of rights for intoxication, but such cases are rare and should be addressed in more detail. Checking the degree of intoxication is very simple - a special device is used for this, which shows the blood alcohol content in ppm , for example, 0.16 mg / l is unacceptable.
Punishment for drivers driving while intoxicated
Every driver who gets drunk behind the wheel should clearly understand that he commits an offense, which means that he will have to answer for his actions according to the law. At the same time, there are a number of cases where an amnesty for deprivation of rights for alcohol intoxication is not provided, the types of punishment for such an offense in accordance with applicable law may also be different:
- If a person committed an offense for the first time in his life, then he risks not only paying a large fine, but also losing his driving license for 2 years at least.
- If the violation was completely the second time, then the fine is doubled, and the rights are taken for 3 years.
What punishment is provided for a drunk driver who became a member of an accident?
The situation is much more serious with those drivers who not only turned out to be drunk at the wheel, but also became participants in a traffic accident. Even if the accident happened through the fault of another driver, the one who was in a state of intoxication will still be punished, but in this case the driver faces not only administrative punishment, but the insurance company also has the right to refuse to restore the car.
It is important to remember that, while driving while intoxicated, the driver runs the risk of getting into an unpleasant story that could cost someone his life, so deprivation of rights is not such a severe punishment for irresponsible drivers. You should not expect that in this case an amnesty for deprivation of rights for alcohol intoxication may apply, punishment of the offender awaits strict and in accordance with all the rules. If someone was seriously injured, the driver will not only be deprived of his rights, but may be imprisoned for at least seven years.
In what cases can an amnesty be counted on?
The law clearly spells out exactly when the driver can count on the return of his rights. Amnesty is not always possible, everything will depend on the gravity of the offense, for example, if a person is not the first time caught by traffic police officers in a state of intoxication, and this is all displayed in the database and protocols, then there can be no talk of any concessions all your violations will have to be answered.
An amnesty for deprivation of rights for alcoholic intoxication can be applied only to those persons who were administratively attracted for an offense, but at the same time there was no more than 0.2 mg / l in their blood of alcohol. If the driver was under the influence of any other psychotropic or narcotic substance, then an amnesty is not provided at all.
How to punish drivers while intoxicated this year?
In addition to deprivation of rights and a fine, a lot of other penalties are provided for the driver, so it is important to carefully study in which cases all these sanctions can be applied to the offender, because much depends on the degree of damage:
- A driver who is drunk and refuses to be examined by medical experts is automatically convicted.
- An amnesty for deprivation of rights for alcohol intoxication cannot be applied to a driver who underwent a medical examination and whose norm of alcohol content was significantly exceeded in the blood. Of course, before conducting a medical examination, the inspector must have good reason. For example, if the driver cannot conduct an adequate conversation and there is a pungent smell of alcohol in the car, the inspector has every right to insist on a medical examination.
The inspector has no right to accept a verdict on the condition of the driver, they can only make a conclusion in the clinic, but the issue can be resolved on the spot if the driver agrees to undergo an examination with a breathalyzer. Sometimes there are cases when a person was previously deprived of his rights and was again behind the wheel, in this case, the inspector draws up a new protocol, and all issues are resolved in a judicial proceeding, while an amnesty for deprivation of rights for alcoholic intoxication is also not provided. The fine increases several times, and the offender himself faces a prison sentence of 15 days until a final decision is made by the judge. Most often, the court awards correctional labor for a period of 480 hours. If the consequences of such an offense were much more serious, the driver may be deprived of liberty for two years, the presence of injured or fatal accidents provides for a prison term of 4 years or more.
In which case is it likely to return the rights?
It is worth noting that there are a number of nuances in which the driver can expect that he will apply an amnesty for deprivation of rights for intoxication. The return policy in this case may depend on the degree of the offense and the condition of the driver in which it was committed. If the inspector made a mistake in the protocol when filling out it, then it is quite possible to regain his rights, but it is important to be able to prove his innocence. To refute their involvement in the offense in such cases:
- The driver can drink alcohol in the evening, and in the morning he urgently had to drive, and for this he had really good reasons.
- Residues of ethanol can be in the body for quite some time, therefore they cannot deprive the driver of a driver’s license for this.
- The driver can take various medications for treatment, and for finding the driver’s opiates in the body they want to prosecute and blame the use of narcotic substances. Such a decision needs to be challenged; you can turn to experienced lawyers for help.
What to do if the deprivation of rights is the result of illegal actions of inspectors?
There is a certain allowable norm of alcohol, which may be contained in the driver’s blood, but this is not done so that the driver could be drunk, but so that the inspectors take into account the errors of the device that is used to detect drunk drivers. The fact is that each organism has its own individual ability to weather alcohol, and this fact should also be taken into account.
Often the question arises that the driver, because of the bias of the inspector, cannot even count on the fact that an amnesty will be applied to him for deprivation of rights for intoxication. What to do in this case? It will be most correct to pass additional tests in any independent narcological dispensary, and the certificate, which will be given to the driver in his arms, will indicate the time and amount of alcohol in the blood. Further, it will be possible to challenge the protocol of the traffic police inspector in court.
How to appeal a sentence?
It is possible to appeal the punishment only if the traffic police inspector acted against the driver illegally. When appealing the verdict, it should be borne in mind that the court will pay attention to evidence that is based on real facts, for example, it can be the testimony of witnesses, a recording on a mobile phone or voice recorder, where the inspector is clearly visible and you can hear what he says. To appeal, it is necessary to file an application with a court in which the driver asks not to deprive him of his driver’s license, but to replace the punishment with a more lenient one, for example, it could be a fine.
Why amnesty for deprivation of rights?
The amnesty for deprivation of rights for alcohol intoxication is disclosed in more detail in the Criminal Code. Every year, the drivers who fall under the amnesty are becoming less and less, and this is due to the fact that the penalties for such negligent offenders are becoming tougher. Sometimes some concessions are introduced into the law, but, as a rule, they can be timed to some important dates, and this happens extremely rarely, therefore, when committing such an offense, you should not hope that such a chance arises.
Is it possible to return the law?
It is possible to return the rights under the law, but for this you will have to work hard and prove your innocence. If the deprivation of rights for intoxication has already been made, an amnesty may be the only option for returning them to the owner, but for this, the lawyer must prove that the driver was not guilty of an offense, or, as is often the case now, the actions of the traffic police inspector were unlawful .
The main condition of deprivation of amnesty
Due to the fact that a huge number of serious consequences are recorded that occur precisely through the fault of drunk drivers, measures have been taken that not just provide for an amnesty for deprivation of rights for alcohol intoxication. Ways to return a driver’s license now lie through additional exams on the rules of the road. I must say that such measures proved to be really effective, since not only the number of drunken offenders decreased, but also there were fewer fatal accidents.