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What is the punishment for driving while intoxicated in 2020? Is it possible to avoid punishment and criminal liability under the new Art. 286-1 of the Criminal Code?

Since the adoption of bill 7279-d, many drivers began to get confused about what kind of punishment is provided for driving while intoxicated. Somewhere someone heard that - 10,200 hryvnia, others call the amount of the fine already at the rate of 17,000 hryvnias and more. Let's figure out together what penalty is provided for in 2019 and in 2020.

In 2020, for the management of vehicles while intoxicated, administrative liability is provided in accordance with Article 130 of the ALCO in the form of a fine of UAH 10,200. with the deprivation of the right to manage for a period of one year, if the offense is committed for the first time during the year.

However, starting from July 1, 2020, such an offense will be considered no longer an administrative but a criminal offense. It was this aforementioned law on amending certain legislative acts of Ukraine regarding the simplification of pre-trial investigation of certain categories of criminal offenses that introduced a new article 286-1 to the Criminal Code of Ukraine, which provides for tougher liability, now criminal for driving while intoxicated.

So, here is the text of article 286-1, which begins to operate on July 01, 2020.

Article 286-1. Criminal Code of Ukraine

Driving in a state of alcoholic, narcotic or other intoxication or under the influence of drugs that reduce attention and speed of reaction, transfer of control of a vehicle to a person who is intoxicated or under the influence of such drugs,

refusal of the person driving the vehicle to undergo, in accordance with the established procedure, a medical examination for the state of alcoholic, narcotic or other intoxication or regarding the use of drugs that reduce the attention and speed of the reaction,

the use by the driver of a vehicle after a traffic accident involving alcohol, drugs, and also drugs made on their basis (except for those included in the officially approved composition of the first-aid kit or prescribed by a medical professional),

the driver’s use of the vehicle after a traffic accident involving alcohol, drugs, and drugs made on their basis after the vehicle was stopped at the request of a police officer before an authorized person conducts a medical examination to establish the condition alcohol, drug or other intoxication or regarding the use of drugs that reduce attention and reaction rate,

the use by the driver of a vehicle after a traffic accident with his participation of alcohol, drugs, as well as drugs made on their basis prior to the decision on exemption from such a medical examination -

Fine from 17000 UAH. at 34,000 UAH. with the deprivation of the right to drive vehicles for up to 3 years.

In case of repeated commission of this criminal offense:

Fine up to 51 000 UAH. with the deprivation of the right to drive vehicles for a period of 2 to 3 years ";

These are the changes. Perhaps you noticed that the difference in punishment for the first and repeated offenses is not very large compared to what was in the ALCO? This is probably the result of a significant increase in the sanction for committing a violation for the first time - the fine and the term of deprivation of rights have increased.

Fair or not? A moot point. It’s one thing when a person barely keeps his feet and got behind the wheel, it’s quite another when you smell a little smell of alcohol after yesterday’s feast. We will not go into thoughts about what is good and what is not, we only advocate for the rule of law on the part of both police officers and citizens.

So, let’s summarize: to date, the procedure for criminal prosecution under article 286 1 in connection with driving in a state of intoxication has not been fully settled and, prior to bringing it into compliance with the new legislation, all previous legislative and other regulatory legal acts apply to the extent not inconsistent with the new Law. Therefore, by the time these issues are resolved by the state, some issues with the ALCO will be used.

Since 1 July  2020, according to Art. 286 of the Criminal Code, drunken drivers face a criminal record, police detention, a fairly substantial fine, and deprivation of the right to drive for up to 3 years.

It should be noted separately that for driving while intoxicated if convicted of a criminal offense, the driver also receives a criminal record, information about which will remain for life. Although a criminal record can be repaid, but this only provides some opportunities. For example, after paying off a criminal record, you can run for president. However, even despite the repayment, the certificate of criminal record will contain a record of criminal prosecution. For some employers or organizations, this is very important.

Therefore, in order to maximize your chances of avoiding harsh sentences, you need to seek legal assistance from lawyers or lawyers.

Probably, after we figured out the new standards, now many have many other questions. How to behave in this case? What is the procedure of prosecution. What are my rights in detention? Therefore, below in a separate article we will examine in detail and step by step how they will hold drivers criminally liable for drunk driving.

In what case can you be prosecuted under article 286 1 of the Criminal Code for drunk driving? Grounds for stopping the car by police. The procedure for passing the inspection. Criminal misconduct court.


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