Drivers who violate the established rules during personal and public transport management are attracted to administrative responsibility.
Road traffic accident during alcohol intoxication
Drivers who violate the established rules during personal and public transport management are attracted to administrative responsibility.
According to statistics, in most cases the cause of accidents on the roads is to find a person drunk driving. The consequences of such misconduct are often heavy, including the death of passengers and pedestrians.
In such situations, the punishment for an accident in the state of alcohol intoxication is tightened, criminal measures are envisaged.
Driving in alcohol intoxication
Staying driving the driver who took alcohol is unacceptable. This is due to security for other road users. A certain measures of responsibility were adopted in connection with the violation of the Rules approved by the Government Decree, which operates from October 23, 1993, No. 1090.
Legal norms
Due to the increase in the number of accidents involving drunk drivers, the law provides for both administrative and criminal punishment, applicable to the perpetrator. In such cases, the rules are used:
- Article 8 of the COAMA published on December 30, 2001;
- Article 264.1 of the Criminal Code adopted June 13, 1996.
These legal reasons suggest directly responsible for managing the machine after drinking alcohol. Indirect importance in the event of a crime, which enhates the light, average degree of damage to health, or serious consequences or death, have articles 115, 112, 111, 264 of the Criminal Code.
Rules for registration of an accident with a driver in alcoholic
Circumstances, place and time of the accident are subject to fixation by employees of the auto inspectorate, which are leaving for the appeal of the participants of the accident. Law enforcement agencies inspect and evaluate the location of the vehicles, the degree of damage to objects of property and the state of human health. If there are victims, they cause ambulance for hospitalization to save the lives of citizens.
It is important to know! The basis for an initiated business for the work of work by higher instances is the protocol, which is drawn up at the accident site. At the time of finding out the situation, each side and all received information is recorded in writing.
The protocol reflects the following information:
- The area plan where the incident occurred;
- surrounding atmosphere on the roadway;
- location of the participating machines;
- Objects and traces related to an emergency;
- Signs of all parties attracted to the case understood.
In the event of an accident with a driver or injured in a state of intoxication, third-party citizens are also attracted to the process, which subsequently participate in clarifying the causes and conditions for the occurrence of an accident as witnesses.The fact of a state of intoxication is recorded in the presence of attesting witnesses in a healthcare facility by collecting a blood test. The inspector at a stop of transport has the right to use a breathalyzer.
Within 10 calendar days from the date of drawing up, the protocol is sent to the judicial authority, where a decision is made to bring the perpetrator to justice.
A citizen has the right to appear for trial, defend his own position and prove his case if he considers himself innocent.
Victims whose health or property has been damaged may apply to the court with claims for compensation for harm, indicating the amounts.
Will insurance pay?
In a traffic accident that happened due to the fault of a drunk driver, the question naturally arises: is insurance paid if the culprit of the accident was drunk.
Recall that for each car owner, it is envisaged to conclude an agreement on compulsory insurance under OSAGO and voluntary insurance under CASCO.
In the first case, if an accident occurs on the road, the victim is paid money as compensation for harm. There are 3 types of damage:
- material – when the car was damaged in an accident;
- moral – psychological negative impact as a result of the incident;
- human health and life.
In disputable situations, many drivers are worried about whether insurance will be paid if the culprit of the accident is drunk. In this case, the citizen turns to the insurer to solve this problem.
If the culprit was drunk
Many citizens believe that in case of an accident with a drunk driver, OSAGO payment is not provided in 2019. In practice, this opinion is a myth. According to the agreement of the auto citizen, even if the drunk driver got into an accident, the insurance will be paid in any case. The state of the citizen behind the wheel does not affect the fact of compensation.
If the victim was drunk
If the accident did not occur through the fault of a person who is in a state of intoxication, compensation for damage depends on his status. If he is another driver, OSAGO funds will be paid. In case of guilt of a drunken pedestrian, compensation will be only if there is CASCO. There are no insurance risks for a motor citizen in this situation.
How to disprove the fact of intoxication
Some drivers at the time of drawing up the protocol and medical examination do not agree with the decision of the traffic police inspector, who issued a verdict of drunkenness. A person has the right to challenge the fact of intoxication in pre-trial and judicial proceedings.
The first option involves the applicant's appeal within 10 days from the date of receipt of the protocol to the higher authorities of the state traffic inspectorate in order to file a complaint against the actions of the inspector.
It is considered for 10 calendar days, the citizen is sent a written response about the rationality and legality of drawing up a document indicating an offense or crime.
In the second embodiment, an appeal to the judicial authority is initiated. This event is carried out by the participant in the accident, if he is confident in its rightness, and there is also an evidence base of his innocence.
Punishment measures
The driver who violates the norms of legislation on a drunken ride and causing damage to other participants in the movement is held accountable. According to Article 12.8, the CFA for the culprit provides for the following penalties:
- a fine of 30 thousand rubles with deprivation of the right to control the machine to 2 years (if its actions are not qualified as a criminal act);
- Arrest for 10-15 days with a fine of 30 thousand rubles.
These measures are applied to the face that allowed drunk to manage its transport.
If people died in an accident with a drunken driver
The severity of the harm caused by the accident as a result of the accident is determined by Article 264 of the Criminal Code. There are situations when the driver knocked down a pedestrian, as a result of which death occurred. Relatives of the deceased have the right to recover moral damage from the culprit through the design of the claim to court.
Responsibility measures in the event of the death of the victim:
- Forced work (up to 3 years), as well as the absence of the ability to occupy some positions (as a substitution, imprisonment is applied with the absence of the ability to occupy posts up to 3 years);
- Finding in the institutions of the penitentiary system for a period of 2 to 7 years (with the absence of the ability to occupy posts and engage in some activities up to 3 years);
- Forced work (up to 5 years), as well as the absence of the ability to occupy some positions (as a substitution, imprisonment is applied with the absence of opportunities to occupy posts up to 3 years) – in the event of 2 or more persons;
- Finding in the institutions of the penitentiary system for a period of 4 to 9 years (with the absence of the possibility of holding posts and engage in some activities up to 3 years) – in the event of 2 or more persons.
Attention! When drinking alcohol after an accident and the commission of re-offenses or a crime, the penalties are tightened.
Road traffic accidents often enhance difficult consequences not only for victims, but also for violators.
The legislation is prohibited by transporting transport in alcohol intoxication or tolerance by the owner of the car behind the wheel of a drunken person.
In the event of an accident to clarify the issue – whether the insurance against the CTP will pay, if the culprit of an accident drunk should be addressed to the company insured by the civil owner's civil liability.
DTP in the state of alcohol intoxication | Help drivers in 2021
Some drivers believe that a couple of a glass of alcohol is not a reason to give up the trip. The result is often a deplorable – accident in alcohol intoxication and well, if it costs without victims.
Reasons for sitting behind the wheel, being drunk, different. Someone becomes overlooking in such a state, someone is confident in his own impunity.
Situations where it is really urgently needed to go, in spite of everything, extremely few.
Act about accidents in a drunk
The accident can happen also by the fault of an absolutely sober driver. But the one who drank alcohol becomes dangerous doubly.
Therefore, the State Duma decided to tighten the punishment for those who like to drive in a drunk or the next day after the fun goulazy. Article 264.
The Criminal Procedure of the Russian Federation, part of the first one complements the current article 264 of the Criminal Code of the Russian Federation and provides for the following types of punishment:
- For driving any vehicle in a drunk – a fine of 30,000 rubles and deprivation of driver's license to a period determined by the court – from 1.5 to 2 years. At the same time, the refusal to medical examination is also equal to the control of the vehicle by drunk and punishable in administrative order.
- The repeated case of car management in a state of alcohol or narcotic intoxication is already considered through the prism of criminal liability, as well as the disclaimer for the presence of alcohol in the blood. The penalty is already 50,000 rubles, and it will be possible to forget about the steering wheel for 3 years.
- With aggravating circumstances, the penalty may increase to 200,000 rubles (depends on the average monthly income of the violator) and be completed by imprisonment for up to 2 years.
Repeated is considered a violation that has been revealed up to 1 year from the date of the first violation.
For a traffic accident, a separate punishment was allocated in alcoholic intoxication.
In addition to penalties and other types of crossing driving, the driver will be punished in accordance with the articles of Russian legislation, which provide such cases.
When is the driver, is considered drunk?
It is not necessary to rest on the legs or talk to the tongue. The state of alcohol intoxication with an accident legislation is determined clearly – the driver is considered to be drunk if the air exhaled by it is revealed more than 0.
16 ppm alcohol. The zero indicator is impossible for many, as even in such innocuous drinks, like kefir or kvass, there are certain degrees.
Yes, and many take drugs on alcohol, therefore a minor amount of alcohol content is allowed.
Alcoholic intoxication is detected at a traffic accident using a visual inspection, the presence of an appropriate smell and the most important thing – the testimony of the breathalysta. The driver has no right to abandon the examination – for it threatens a large fine and deprivation of Wu.
But he has the right to demand that a medical worker in a medical institution seems to be examined.Refusal to the DPS officer will not be able to be a driver in his right, but this requirement should be submitted in a protocol.
In a medical examination, two witnesses must be present at the accident.
Insurance payments for an accident in a state of alcohol intoxication
The presence of the CTP is necessarily for any driver. If a traffic accident is committed and one of its participants is in alcoholic intoxication – the outcome will depend on who was the culprit of the accident. If the drunk driver is the law not at all on his side.
He will pay all the penalties provided for by the legislation and the damage to the victim will most likely reimburse from its own pocket.
Many insurance companies noted that payments in the case of a traffic accident are not produced if the driver was drunk and allocate this requirement to a separate point in the insurance policy.
If the driver in a state of intoxication, who fell into an accident, is recognized as innocent in it – the insurance company will provide the opportunity to repair the car within the amount specified in the policy, but may file a lawsuit on regress in its favor. The court will satisfy the claim in the event that the culprit was the one who had alcohol in the blood. If the other side is guilty – the decision of the court will depend on a number of nuances.
Road traffic accident with victims
Grave consequences are expected by the driver in alcoholic intoxication, if, as a result of a road accident, someone from his participants will be injured or an accident took place with a fatal outcome.
Then, in addition to the usual fine for driving a vehicle in a drunk and deprivation of a driver's license for a certain period, he is punished also in criminal liability.
For the death of one person, the driver who at the time of the accident was in a state of alcohol or narcotic intoxication, can be deprived of liberty for a period of 5 to 12 years (Article 263 of the Criminal Code of the Russian Federation). If the accident fell 2 or more of life – the term increases and ranges from 8 to 15 years.
In a situation where all participants in the road accident are alive, but received injuries to varying severity, punishment for a drunk driver can vary from forced work for up to 5 years and imprisonment for a period of 3 to 7 years. Of course, no one has canceled damage to the damage to victims. Moreover, the guilty can be deprived of the right to occupy some positions on a certain period defined by the court.
In some cases, if the accused of committing an accident fully realized his guilt, voluntarily reimbursed the damages of the victim and did everything to level the consequences – he can get a suspended period.
Accident in a state of alcoholic intoxication without affected
Even if no one was hurt, a driver who got into an accident while intoxicated will still be punished.
In the protocol, the traffic police officer indicates all the circumstances of the incident, the results of measurements, damage.
It is accompanied by explanations of the participants in the accident, testimonies of witnesses, filming from the video recorder (if any), a diagram of the accident and an act of examination of the participants for the presence of alcohol or drug intoxication.
When trying to escape from the scene, a drunk driver will have to pay a fine, lose their license for up to 18 months, and even receive an administrative arrest. The driver who fled the scene will have to repair his vehicle, and possibly be treated, on his own.
The accident will not be properly documented, which means that the insurance company will refuse to compensate for losses even if there is a policy. If material damage is caused to third parties, for example, another car is hit or a car crashes into a shop window, the perpetrator also covers it.
In a word, the presence of alcohol in the blood of a driver who has committed an accident is fraught with considerable material losses.
Fatal traffic accident
The most severe version of a traffic accident with a drunk driver is if it resulted in the death of people. The legislation provides for a fairly severe punishment for driving a vehicle while intoxicated, but it is tougher if such driving provoked a fatal accident.
For the death of one person, in addition to all fines, the perpetrator will have to be deprived of liberty for a period of 5 to 12 years (Article 263 of the Criminal Code of the Russian Federation). If there are two or more victims, the term increases and ranges from 8 to 15 years in prison.
In addition, the perpetrator will have to pay a large fine, as well as compensation to the relatives of the deceased (deceased).
Like any act that falls under the influence of the Criminal Code of the Russian Federation, the punishment for a fatal accident, the culprit of which is a driver in a state of alcohol or drug intoxication, is determined in accordance with many nuances. In the presence of aggravating circumstances, the punishment may be more severe, in their absence – lighter. For example, if a pregnant woman or a child died as a result of an accident, this is an aggravating circumstance.
Drunk driver accident statistics
The vast majority of traffic accidents are committed by drivers under the influence of alcohol. The data provided by statistical organizations is frightening because the numbers are constantly growing. In 2009, the number of such accidents was 12,327. The following year was less aggressive with 11,845 accidents.
But already 2011 brought 12,252 accidents in which at least one of the participants was in a state of intoxication.In 2012, this figure increased to 12,843, and in 2013 it was almost 13,600 cases. In 2014, the number of traffic accidents while intoxicated exceeded all reasonable limits – 16,517 cases.
In 2015, traffic police officers recorded 15,222 accidents, and in 2016 there were 15,632 accidents with drunk drivers.
According to statistics, most accidents occur due to the fact that a drunk driver violates the speed limit. In second place – non-compliance with the rules of the intersection.
Scattered attention, inability to correctly assess the situation and one's own strength in a state of intoxication – all this often leads to an accident with victims.
And the third reason for traffic accidents due to drunken drivers is driving into the oncoming lane.
Features of a traffic accident while intoxicated
Of course, the attitude towards one or more participants in the accident, if they are in a state of intoxication, will be biased. Even if the other side is guilty, they will be more picky about those who allowed themselves to leave as a driver with alcohol in their blood.
If such a driver is found guilty, his liability may be both administrative and combined. For example, civil in combination with administrative or administrative, supplemented by criminal.
It all depends on the outcome of an accident with a driver intoxicated, the presence / absence of victims and the amount of damage.
There are types of fines for violations that are committed after getting into an accident. This is a refusal to move an emergency vehicle so that it does not interfere with the free movement of others (the driver is obliged to do this), an attempt to escape from the scene of an accident, and others. Any of these offenses is punishable by a fine of 1000 rubles.
Despite the apparent attentiveness, professionalism and good reaction, a driver in a state of intoxication is a potential danger to all road users.
He is not able to correctly assess the situation, react in time to interference, and so on, so you should not leave as a driver if a certain amount of alcohol splashes in your blood.
It is better to call a taxi, use the help of friends or relatives, or use the “sober driver” service, which is available in any region of Russia. There is no need for risk, which can lead to irreversible consequences.
An example of a driver's examination for alcohol intoxication
What is the penalty for drunk driving? – Lawyer Plus
A huge number of car accidents in the country are carried out by drivers in a drunken world. Despite severe punishment, this does not stop motorists from getting drunk behind the wheel of their car.
A motorist is considered drunk if more than 0.16 ppm of alcohol is found in the air exhaled by him.
The state of alcoholic intoxication is checked using a device such as a breathalyzer and further medical examination.
In the event of an accident while intoxicated, the following steps should be taken:
- Stop the vehicle;
- Turn on emergency signs;
- If there are casualties, an ambulance should be called;
- We need to put up a sign and call the traffic police.
Do not leave the accident, as this can be considered as one of the aggravating circumstances.
By the way, you can file an accident with a European protocol, but only if each party has OSAGO insurance, two cars were involved in the accident, only the participants in the accident were damaged, there are no dead or injured people, the parties have no claims regarding the circumstances of the accident .
What is the responsibility and punishment for participating in an accident while drunk?
Liability can be criminal, administrative or civil, depending on the circumstances of the car accident. Criminal liability is provided for by articles 263, 264 of the Criminal Code of the Russian Federation. It usually occurs under the following conditions:
- Causing serious damage to the health of the participants in the accident. The driver may be sentenced to a term of imprisonment from three to seven years, forced labor for up to six months;
- Death of one person. When a person dies due to the fault of a drunk driver, a prison term of five to twelve years may be assigned;
- In the event of a fatal accident and the death of two or more people, the term of imprisonment can be from eight to fifteen years.
The severity of the offense is determined mainly by administrative and criminal liability. If we talk about measures of administrative responsibility, then it can be as follows:
- The driver was caught drunk driving for the first time. He must pay a fine of 30 thousand rubles and lose his driver's license for a period of one to two years;
- Transfer of a personal vehicle to a drunk person. In this case, the driver loses his license for 1.5-2 years and pays a fine of 30 thousand rubles;
- Refusal of medical examination. The driver loses his license for a period of one and a half to two years and pays a fine in the amount of thirty thousand rubles.
It is important to say that the severity of the offense is taken into account when sentencing. Speaking of civil punishment, it should be noted the material damage caused to the injured party by a drunk driver.
The victim may recover material and moral damages in civil court proceedings. By the way, it is worth mentioning the re-driving of a motor vehicle and the refusal of a mandatory medical examination. In this case, the driver may be fined in the amount of 200,000 to 300,000 thousand rubles.
Compulsory labor for up to 480 hours, imprisonment for up to three years, or forced labor for up to three years are also assigned.
Road accident with injured persons
Serious punishment awaits a motorist who committed a traffic accident with the victim and at the same time he was drunk. In addition to collecting a fine of 30 thousand and deprivation of rights, the driver can be held criminally liable. If there were no deaths, then forced labor is usually assigned.
The outcome of a criminal case is influenced by the presence of certain aggravating factors. For example, several victims. Then the driver can even get a serious criminal term. It is important that the motorist fully admits his guilt, is able to compensate for the moral and material damage to the victims, and in this case he can count on a suspended sentence.
Road traffic accident without injured persons
Even if in the event of an accident no one was injured, the driver will not escape punishment. The traffic police inspector will definitely draw up a protocol with explanations of the participants in the accident, a description of the damage, and testimonies of witnesses. In any case, a fine will be imposed, and the driver will be deprived of his rights for a certain period.
Fatal traffic accident
The most severe option is an accident with a drunk driver, resulting in the death of one or more people. You will not be able to get off with an administrative fine.
For the death of one person, in accordance with the provisions of Article 264 of the Criminal Code of the Russian Federation, a drunk motorist can face a prison term of five to twelve years for the death of a person.
If two or more people died, then the minimum prison term is 8 years, and the maximum increases to 15 years.
Hiding from the scene of an accident, both in the presence of injured persons, and without them, is already considered an independent administrative offense. Its consequences are less serious, but it, in combination with the predicate offense, negatively affects the position of the driver. Hiding from the scene of a traffic accident threatens with administrative arrest for up to fifteen days.
CMTPL and CASCO payments in case of an accident committed by a driver while intoxicated
There is an opinion that the payment of OSAGO is not allowed if the perpetrator of the traffic accident was in a state of intoxication. However, it is not. OSAGO, in accordance with established legislative norms, insures the civil liability of a road user, regardless of his condition.
This means that the injured person will receive their insurance compensation in the usual way. Moreover, if the culprit of the accident was drunk, then the injured party will be able to exercise the right of a regressive claim under the law.Casco protects only property.
The effect of this insurance policy does not apply to civil liability. Insurance payment If the culprit of the road accident was drunk, it will not work.
If there was a victim in the state of alcohol intoxication, subject to the correct decoration of the incident compensation would succeed.
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Road traffic accident in the state of intoxication
The requirements of the government and the appeals of responsible citizens on the exclusion of cases of drunk vehicles are due to quite obvious reasons – after all, consequences from entering accidents often acquire a catastrophic nature. Under the influence of alcohol, a person is simply not able to respond in a timely and adequately on the circumstances of the flow flow.
Responsibility for driving a car in such a state is quite serious. Each driver must understand that it is waiting if the fact of control of the vehicle in alcohol intoxication is revealed.
Normative base
As the main regulatory provisions that are guided by the situation with the onset of the road accident due to the driver in a drunken form, it is worth identifying the following provisions:
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In addition, other provisions of individual regulatory and legal acts can be taken into account if the accident is characteristic of aggravating circumstances or other significant features.
When did the driver committed the accident considered drunk?
The characteristic of the state of alcohol intoxication is clarified by the positions of the legislation – the driver is recognized as drunk if more than 0.16 resolution of alcohol was detected in its exhaled air, or more than 0.35 in the blood.
However, it is necessary to understand that the zero value is simply unattainable for many people. In particular, it applies to people who use kvass or kefir, where an insignificant fraction of alcohol is present. Also, a small amount can be revealed if a person takes medicines to alcohol.
The exact value is determined using the alcoholster. But the initial traffic police officer estimate the overall condition of the driver for the availability of characteristic features:
- insensitive speech;
- sharp alcohol smell;
- Defocused view;
- Not hardwood.
In the presence of the above positions, the public servant has the right to implement the procedure of examination. Mandatory condition – the consent of the driver and the presence of two witnesses.
If a potential violator refuses to undergo the procedure in favor of establishing a status in a medical organization, then the employee cannot prevent him from doing so.
Step-by-step instructions for actions in case of an accident while intoxicated
In the event of a traffic accident while intoxicated, it is important to follow the same sequence of actions that is relevant in a normal accident:
- Stop the car.
- If there are victims, provide first aid, call an ambulance.
- Enable alarm.
- Put up a sign.
- Call the traffic police.
- Never move the vehicle or other objects involved in the accident.
Many people believe that if you already got into an accident while drunk, then it would be more correct to hide in order to sober up. However, experts agree on one thing – in no case should you leave the scene, since subsequently the punishment upon detection will be clearly more severe.
Is it possible to issue a European protocol in case of an accident involving a drunk driver?
In order to issue a European protocol in the event of an accident, the situation must meet the following criteria:
- only two vehicles were involved in the accident;
- each party has valid OSAGO insurance;
- there are no casualties or injuries;
- damage was caused only to the property of participants in the accident;
- the parties have no claims to each other regarding the circumstances of the accident;
- the damage does not exceed the established amount.
If all conditions are met, then it is not considered important whether the person responsible for the accident is drunk or not. But an agreement must be reached on this with the other participant in the incident.
Many people do not go to the world, because they understand that in this case, a drunk driver will be punished more severely. Therefore, they demand large sums of compensation from him.
Responsibility and punishment
The obvious recommendation in the event of an accident while intoxicated is to use the services of an experienced lawyer, since the punishment for such an act is quite serious.
Depending on the individual circumstances of the road accident, the following categories of liability will be applied to the perpetrator:
- civil;
- administrative;
- criminal.
At the same time, the first position is considered relevant in any case – the presence of various kinds of subtleties does not matter.
Administrative responsibility comes in accordance with Art. 12.27 Administrative Code of the Russian Federation. If violations are detected, a citizen may be required to pay a fine of up to 30 thousand rubles, followed by the withdrawal of the right to drive a vehicle from 1.5 to 2 years.
Criminal liability implies more stringent consequences, as it is assigned in case of harm to a person.
Criminal liability
So, the positions of criminal punishment are reflected in Art. 264 of the Criminal Code of the Russian Federation (also duplicated in Article 263 of the Criminal Code of the Russian Federation) and are reflected in the following provisions:
- point 2: causing serious damage to the health of a participant in the accident – forced labor for not more than 5 years or imprisonment, a maximum of 3 to 7 years;
- point 4: in case of death of one person – imprisonment, from 5 to 12 years;
- point 6: in case of death of 2 or more people – imprisonment, from 8 to 15 years.
If the driver was repeatedly convicted of using the vehicle while intoxicated, then the punishment is imposed by Art. 264.1 of the Criminal Code of the Russian Federation.
Such serious consequences, at least, divert most of the people from driving while intoxicated. That contributes to the formation of a more relaxed atmosphere on the road.
OSAGO insurance in case of an accident while intoxicated
- It is widely believed among drivers that if the culprit of the accident was drunk, then the OSAGO insurance will not work, and the injured party will not receive compensation.
- However, real practice shows that this is just a delusion.
- In other words, the injured driver can count on compensation for moral and material damage.
- However, it is also not worth hoping for any additional payments or reimbursements – the calculation will be carried out in strict accordance with established standards and generally accepted rules, no special features are provided.
If both participants in the accident were found drunk during the examination, then each party is guilty, which allows insurance companies to refuse to provide the due compensation.
CASCO insurance in case of an accident
Not so rosy situation with car insurance for CASCO. If the driver who caused the accident turned out to be intoxicated during the proceedings, compensation for damages is not made.
This item is an exception and usually employees of insurance companies pay attention to it when signing the corresponding agreement. However, in some situations this position is absent in the text of the treaty.
Then, with some probability, you can count on receiving material compensation. And yet, without the help of a lawyer, it will not be possible to achieve payments, so you will have to make additional costs for the services of a specialist.
Road accident with injured
Serious consequences await the driver if he was drunk at the time of the accident, and a person was injured as a result of the accident.
In such a situation, in addition to the standard penalty for driving with alcohol in the blood and deprivation of the right to drive for a certain period, the perpetrator may be held criminally liable.
If everything went without a fatal outcome, then the driver usually gets off with forced labor. But if there are aggravating factors, for example, if there are several victims, a citizen can receive a real prison term. In this case, it will be necessary to compensate for the damage to each participant in the incident.
Also, the actions of the accused also affect the final punishment.In particular, if the driver fully admitted his guilt, reimbursed the victims without reminders and performed other actions to completely level the consequences, he can count on a suspended sentence.
DTP in a state of intoxication without victims
Even if no one was injured in an accident, a drunk driver will still be punished. To get a clear picture and clarify all the circumstances of the accident, which in the end will significantly affect the final punishment, the traffic police officer enters into the protocol:
- measurement results;
- damage;
- testimony of witnesses;
- explanatory participants;
- accident diagram.
Much depends on whether the damage was caused to third parties – someone else's vehicle or store property was hit. In this case, the culprit is additionally involved in the reimbursement of the costs of their restoration.
Fatal car accident while intoxicated
The most unpleasant option with the most severe consequences is an accident on the road with a drunk driver, which caused the death of people.
Legislation and so developed a serious punishment for drunken perpetrators. But with the presence of victims, it becomes much tougher. In this case, getting off with a fine will not work – the death of even one person through negligence is a sufficient reason for imprisonment from 5 to 12 years.
If there are more deaths, the minimum term rises to 8 years, the maximum to 15 years. Also, in addition, you need to remember that the relatives of the dead are entitled to compensation, and the state – a large fine.
Any act that is regulated by the provisions of the Criminal Code of the Russian Federation is considered taking into account many nuances – the presence of aggravating or mitigating circumstances. The same applies to the situation with an accident in a drunken state, resulting in the death of the participants in the accident.
For example, if a pregnant woman or a minor died as a result of an accident, the driver's actions will be considered at the maximum level of punishment. However, the consequences can be mitigated if the presence of dependents in dire need of support is identified.
Given these factors, it is impossible to draw a final conclusion on a particular situation, since in each case many specific circumstances must be taken into account.
If a drunk driver fled the scene of an accident
Hiding from the scene of an accident is an independent offense that does not depend on the fact of intoxication of a citizen. However, the consequences are no less serious. If a situation with ignoring the norms is revealed, the driver may lose the right to drive the vehicle for a period of 1.5 to 2 years or receive an administrative arrest for up to 15 days.
Many drunken perpetrators leave the scene, believing that if they find out later, then at least not in a drunken state. However, not all so simple.
As the practice of litigation shows, if, upon detection after hiding from the scene of an accident, an increased dose of alcohol in the blood of the driver is detected, he is recognized as having committed an accident while intoxicated.
Driving accident statistics while intoxicated
Most of the traffic accidents occurred due to the fact that the driver was under the influence of alcohol. According to statistics, every year the number of accidents caused by drunken citizens is increasing.
If in 2009 the figure was 12,327, then already in 2012 – 13,600 cases. In 2016 – 15,362 cases.
Most accidents are caused by speeding. In second place – ignoring the rules of the intersection, in the third – driving into the oncoming lane. In a state of intoxication, a person is distracted, unable to adequately assess the circumstances and his own capabilities in a particular situation – all this contributes to the emergence of an increasing number of accidents with drunks.
In this regard, the Government of the Russian Federation plans to toughen the punishment for those who drive a vehicle after drinking alcohol.
Nuances
It is considered obvious that if the participant of the accident is drunk, then the attitude towards him will be biased. This is true even if the other party is found to be the culprit. Such a position is due to statistics – nevertheless, in most cases, it is drunk drivers who allow themselves to violate the rules of the road.
A drunk citizen is simply not able to assess the potential danger in a given situation. As a result, it becomes a risk factor for all road users – after all, everyone who drives a vehicle is responsible not only for their own actions, but also for the actions of other car owners.
In the case of a drunk person, determining the sequence of his actions becomes problematic.
Therefore, a citizen must remember that it is better to spend money on a taxi and get to the right place without problems than to regret later all his life that no other decision was made.
It is necessary to understand the nature of the irreversibility of the consequences. Not only can you lose your rights and freedom, but you can also cause the death of another person.
| When is a driver considered intoxicated? | If the driver's exhaled air ppm was more than 0.16, and in the blood more than 0.35. |
| What is the liability for a drunk driver in an accident? | Civil, administrative, criminal. |
| What to do after getting into a car accident while drunk? | It is enough to adhere to the standard sequence of actions: stop the vehicle, provide assistance to the victims, turn on the emergency gang, put up a sign, call the traffic police. |
| What is the responsibility for leaving the scene of an accident? | Deprivation of rights from 1.5 to 2 years, administrative arrest up to 15 days. |
| Is it possible to compile e -protokol if the participant in an accident is in a drunken form? | Yes, when an agreement is reached between the parties and the observance of other conditions. |
| What regulations take into account when determining responsibility for committing an accident in a drunken form? | St. 12.24, Art. 12.27 Administrative Code, Art. 264, Art. 264.1 of the Criminal Code of the Russian Federation, PP of the Russian Federation No. 1090 of 1993. |
What kind of punishment threatens behind the "drunk" accident with victims
The State Duma on May 30, 2019 adopted amendments to the Criminal Code of the Russian Federation in the third reading of the Criminal Code of the Russian Federation, which had tightened punishment for road traffic accidents committed in a state of alcoholic or drug intoxication and led to serious injuries or death of other people. In fact, the punishment for "drunk" accidents was the same as for the intentional murder.
"This initiative was introduced by all the political factions of the State Duma and supported by the profile ministries and departments, and most importantly, it is supported by society," said Vyacheslav Volodin, chairman.
We tell what punishment is waiting for the perpetrators of such accidents.
What are the timing threatening?
- In the event that the driver in the state of intoxication made an accident resulting causing grievous harm to human health– the punishment can be forced work for up to 5 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years or imprisonment for a term of 3 to 7 years With deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.
- When death of man – imprisonment for a period of 5 to 12 years With deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.
- When death of two and more persons – imprisonment for a period of 8 to 15 years With deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.
"Drunk » DTP really so much?
According to the traffic police, in 2018, 16,458 accidents occurred in Russia in a state of intoxication, in which 4,645 people were killed, 22,360 people were injured.
And the statistics over the past few years are not reduced: annually more than four thousand people die under the wheels of drunk drivers, more than 20 thousand people become disabled. These are broken fate of people and their loved ones.
In fact, in five years, the city is disappeared under the wheels of a drunk driver, the chairman of the Statement DG.
Is this only cars?
No, there is also a responsibility for the commission of similar crimes on railway, air, sea and inland water transport and the metro. Action art. 263 of the Criminal Code applies to persons who own or manage light and ultra-light aircraft or small vessels.
What is "the state of alcohol intoxication" and who determines it?
Use that causes alcohol intoxication is determined by the presence of absolute ethyl alcohol in a concentration exceeding the possible total measurement error, namely, the presence of absolute ethyl alcohol in a concentration of 0.3 or more grams per liter of blood – the corresponding norm is written in Art. 12.8 of the Code of Administrative Offenses of the Russian Federation.
“This is, say, if a person weighing 80 kg drinks 50 grams of vodka or 200 grams of dry wine,” explained Vasily Piskarev, co-author of the toughening amendments, Chairman of the Committee on Security and Anti-Corruption.
Determine the state of the suspect in the commission of such a crime will be based on the results of a forensic medical examination. It is carried out by state specialized forensic experts who study in detail all the circumstances of the incident.
And if a person has taken medicine, for example, for coughing or for heart disease, where is alcohol?
“In order for the examination to show the presence of, for example, Valocordin in the driver’s blood, he must drink at least a whole vial in one gulp,” said Vasily Piskarev. “But in this case, of course, we can no longer talk about any of its medical applications, no doctor will prescribe such doses of Valocordin.”
Moreover, according to the deputy, no kefir or kvass will show such an alcohol content.