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Publication date: 13.05.2024
Lawyer
A charge of driving while intoxicated is a serious offense against public order and road safety. According to Article 130 of the Code of Ukraine on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses), driving a vehicle while under the influence of alcohol, drugs or other intoxication, which caused a threat to road safety, is punishable by a fine of fifty to one hundred tax-free minimum incomes of citizens or administrative arrest for up to ten days.
Driving a vehicle while intoxicated is one of the most common offenses provided for by the Code of Ukraine on Administrative Offenses. Article 130 of the Code of Criminal Procedure clearly defines the responsibility for such an act and the punishment that may be applied to violators.
According to Art. 130 of the Code of Administrative Offenses, driving vehicles by persons who are under the influence of alcohol, drugs or other intoxication or under the influence of drugs that reduce attention and reaction speed, entails the imposition of a fine in the amount of six hundred tax-free minimum incomes of citizens with paid withdrawal of the right to drive vehicles for a period of one to three years.
It is important to understand that driving a vehicle means any form of control over a moving object, even if it is not actually moving. Thus, not only a person who drives a car in motion, but also a person who sits behind the wheel of a stationary vehicle while intoxicated is considered a violator.
The concept of "state of intoxication" is interpreted quite broadly and includes both classic intoxication from the consumption of alcoholic beverages, and the influence of narcotic substances or drugs that can reduce the driver's attention and reaction speed.
Evidence of a person being in a state of intoxication can be both the results of a medical examination, and the refusal to undergo it or its impossibility due to the offender's fault. An important point is that the fact of intoxication is presumed in the presence of any concentration of alcohol in the driver's body.
Sanction for committing an offense provided for in Art. 130 of the Code of Criminal Procedure, is quite strict and consists in the imposition of a fine in the amount of 600 non-taxable minimum incomes of citizens (which currently amounts to about UAH 10,200) and paid withdrawal of the right to drive vehicles for a period of 1 to 3 years.
In addition, it should be noted that the repeated commission of such an offense within a year entails criminal liability under Art. 286-1 of the Criminal Code of Ukraine, which provides for punishment in the form of a fine, community service, arrest or imprisonment for up to 3 years.
In view of the above, it must be taken into account that driving while intoxicated poses a serious threat to public order and road safety. Therefore, ensuring effective control over drivers' compliance with the requirements of legislation in this area is an urgent task for ensuring road safety and preventing accidents and injuries. Therefore, driving a vehicle while intoxicated is a serious offense for which strict administrative and even criminal liability is provided. Drivers should be aware of all the dangers of such behavior and strictly follow traffic rules in order to ensure the safety of both themselves and other road users.
