Driving under influence

Driving under influence

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July 2, 2020
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Law No. 2617-VIII On Amendments to Certain Legislative Acts of Ukraine Concerning the Simplification of Certain Categories of Criminal Offences prior to Court Investigation, which provides, inter alia, for tougher punishment for driving under the influence of alcohol, drugs or other intoxicating substances, was adopted by the Parliament in November 2018. The norm of criminal liability for "intoxicated" driving was to come into force from January 1, 2020, but was postponed by the new parliament until July 1, 2020.

In particular, Article 286-1 of the Criminal Code of Ukraine appeared, according to which driving vehicles under the influence of alcohol, drugs, other intoxications or drugs that reduce attention and reaction rate is a criminal offence. Information about the criminal record remains in the electronic database of the National Police and will be displayed in the certificate of absence/presence of criminal record.

In accordance with the law, criminal liability is incurred for:

  1. Control vehicles under the influence of alcohol, drugs or other intoxicated substances, or under the influence of drugs that reduce attention and reaction rate.
  2. transfer driving to a person who is intoxicated or under the influence of such medications.
  3. Driver's refusal to undergo medical examination for intoxication or consumption of such drugs
  4. abuse of alcohol after a police stop or after an accident, but before a medical examination - to exclude cases where the drivers thus tried to avoid responsibility.

The penalties for drunken driving have also been increased:

The main innovation is that driving drunk will now be considered a criminal offence rather than an administrative offence.

Thus, the driver will get a criminal record under the new article 286-1 of the Criminal Code - even if it is the first time he is detained for an offence.

The criminal record remains in the electronic database of the National Police, even if it is repaid later - which can obviously affect a person's life and career path. And in the certificate of absence / criminal record record will always be displayed.

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