Disqualification from Driving because of Drunkenness
Statistics of accidents on roads today knows what the most serious causes of the nowadays accident. The leader – is driving in the condition of alcohol intoxication.
Driving and alcohol – are incompatible concepts and, in some cases, this “tandem” – is not only an administrative offense.
In more than 204 thousands of accidents, recorded in the past year, more than 13.5 thousand were caused by drunk drivers. The number of deaths in road accidents is reducing over the years. But there are thousands of citizens.
The country has not yet got into the newspaper column “curious facts,” such as one of the Eastern countries where drivers are forced to carry a plastic bag for the dead. But this does not remove the concern for the situation in Russia.
Many who, probably, remember 2008 year, when drivers were allowed to drive under “degree” to 0.3 ppm. The situation has worsened. In 2010, the rate was “zeroed” and the number of violations on the roads has increased, first at 3.5%. In following 2011, the traffic police have identified more than 22.5 thousand drivers, who ran a car in a drunken state. Among them are those who have decided that the refusing the inspection of alcohol intoxication is better than the disqualification from driving because of drunkenness.
0.32 ppm is allowed: can you drink a bottle of beer?
With the introduction of the new allowable norm of alcohol in blood, some have sighed with relief: now it is possible to drink a glass of beer.
Indeed, now 0.32 percent in exhaled airs – is not an administrative offense. But it does not give the driver the right to drink several glasses of vodka or beer. It only means that the driver does not fall under the item “disqualification from driving because of alcohol intoxication,” if before leaving the home, he has drunk kefir or kvass.
Drunkenness and punishment
The driver, who gets behind the wheel in the condition of alcohol intoxication is considered as a potential criminal, because, endangers others. Therefore, the responsibility of drunk drivers is increased.
The minimum amount of the fine for the driving in the condition of alcohol intoxication was increased to 500 rubles. The maximum penalty for the accident has been increased to 50 thousand rubles: the amount depends on the level of alcohol in the blood.
If the level of alcohol in blood is in the range of 0.2-0.5 ppm, the driver will risk losing the driving qualification for a period of the half to two years. In addition, he will get a fine of 20 thousand of rubles.
If there is detected 0.5-0.8 ppm of alcohol in the blood, a driver will be revoked a driving license.
If you exceed the level of 0.8 ppm there is provided more severe punishment.
Penalties may seem unrealistically high. But the authors of changes in traffic rules came from growth in the number of cases where drivers write a refusing of inspection of alcohol intoxication. In addition, there was taken into account the high rate of recidivism.
Current regulations allow the driver to avoid disqualification in cases where they did not lead to a crash.
What should be in the “glove box”, so as not to break the traffic rules?
Traffic Laws (SDA: paragraph 2.1; 2.1.1) provides that the driver, setting off on a journey, should take:
- driver’s license;
- certificate of cars registration;
- MTPL policy.
Qualification, driver’s license – is a first document, which is requested by traffic police inspectors. Here’s why.
According to the current Code of Administrative Offenses, driving without a license may be punished by a fine of 5 thousand to 15 thousands rubles (p. 12.7 p.1.). More severe penalties are provided for “education” the lovers of driving being drunk.
Sometimes the driver knows he cannot get behind the wheel, so he gives the keys to a friend, ignoring that he is also “drunk”. According to the SDA (Sec. 2.7.) you cannot pass control by car to people in a state of alcohol intoxication, painful and tired. According to the Administrative Code (Sec. 12.8 p.2.) you can lose your driver’s qualification for 1.5-2 years because of drunken “understudy”. If you are got the second time, i.e. at repeated infringement, the fine will be 50 thousand rubles and you will be deprived of driver’s qualification for 3 years.
What will you choose “to be inspected” or to refuse?
The Russian government in 2008 approved the rules of medical inspection, which regulate who may conduct it, the order of the procedure, etc.
The state of alcohol intoxication – is a serious violation of traffic rules. Inspector’s suspicions are not a proof of the driver’s guilt. But the act about a state of alcohol intoxication – is a document that can have serious consequences. Therefore, drivers should remember that such a procedure, at least, takes place in the presence of two independent witnesses.
If the driver objects, and does not agree with the inspectors of traffic police and then with inspection, he has the right to pass his own independent inspection on drunkenness. The documents will be needed in court.
The court decided – guilty: how to get back driver’s qualification?
First of all, the driver has to know well traffic rules and responsibility for their violation. Even without a lawyer this will help to navigate easily: there are rules in paragraphs, including not only deprivation of driver’s qualification but also fines. They are significant, but you need to choose what is best – the driver or pedestrian. Then look for an alternative variant:
- don’t’ use to a higher tone of voice: calm down and carefully read the protocol of traffic police: there may be “inaccuracies”, which could be useful in court;
- nobody forbids to write your objection to the report, “I do not agree with the violation”: Later, in a quiet environment, a lawyer will help.
If you can’t reach an alternative solution to the problem – then you will get a fine, the court could not be avoided. But there is still a chance to get a lighter punishment and avoid the loss of driver’s qualification:
- do not miss the court hearing;
- if the solution does not suit, there are always 10 days to contest the verdict.
But it is better not to bring up an unpleasant situation because is not May 1896: the machine – are high speed, the consequences are not always comforting.
An experienced instructor in driving school has taught beginners: remember three things when the driver always guilty:
- when he ignores a red light;
- when he exceeds the speed in a village;
- when he sits behind the wheel he is drunken.
His “three rules”, he explained as follows: in the case of irreparable “state of emergency” as a victim could be someone from the family of the driver.
It’s a cruel lesson.
But, if even once it stops at least one driver then there will be one fewer violation of traffic rules. Perhaps one life will be longer. And what could be more important than human life?
Be careful driving!