The culprit of an accident is drunk - what threatens the driver and will the insurance be paid?

The material was checked by the Expert: Kochergin Yuri Alekseevich

General Director of the Legal Support Center. Judicial experience in various disputes: 13 years. Education: AIE (f) SPbAUE.

Hello dear reader. Today we will look at such an important topic as drunk driving accidents with and without victims and talk about what the punishment will be in each case. How is drunkenness classified and what types of guilt are established? How should you behave in the event of an accident and is it possible to draw up a European protocol in this case? We will deal with all questions sequentially.

Normative base

Depending on the situation in the event of an accident caused by an irresponsible driver, other individual provisions of regulatory legal acts may be taken into account. Their use is justified in aggravating circumstances and other significant factors.

Responsibility under the Code of Administrative Offenses

Based on Art. 12.8.1 of the Code of Administrative Offenses of the Russian Federation for driving a vehicle, a driver who is in a tipsy state is responsible. The current law predetermines a cumulative punishment that combines several measures at once. This is a fine and deprivation of special driving rights. The period of driving restriction is 1.5-2 years. The amount of the fine for violation under Art. 12.8.1 – 30,000 rubles, without the possibility of receiving a 50% discount for timely payment.

Attention!

The refusal of a driver, whose condition is suspicious to the inspector, to undergo an examination is an act that entails the same responsibility as a proven violation.

Punishment under the Criminal Code

The Criminal Code determines the punishment for those violators who are stopped for a repeated similar violation. In the same way as recording alcohol (drug) drunkenness and refusing the appropriate test for the presence of prohibited components in the blood, is punishable by Art. 264-1 CC. According to this law, the fine reaches 50 thousand, and imprisonment extends for 3 years.

Aggravating circumstances, including causing damage to the property and health of other road users, lead to an increase in the fine to 200-300 rubles (to establish the optimal rate, the income level of the offender must be considered). An additional term of imprisonment of up to 2 years may be used.

For reference!

A secondary violation is a misdemeanor recorded within 1 year from the date of return of the license after the first prohibited driving.

The criminal component, in the form of harm to health, threat to life, presupposes the onset of punishment under Art. 264 CC. Federal Law No. 63 as amended on June 13, 1996 will help to correctly interpret the provisions of this article.

Liability for driving an accident while intoxicated

Back in 2013, amendments were adopted to toughen penalties for driving while intoxicated.

What threatens a driver who gets behind the wheel while drunk today?

1. Administrative liability for drunk driving involves a fine equal to 30,000 rubles, as well as deprivation of water/licenses for 1.5-2 years (Article 12.8 of the Code of Administrative Offenses).
2. The same penalty awaits the driver for refusing the proposed medical examination.
3. Transferring control of a car from a drunk driver to a drunk friend is similar. Fine 30,000 rubles + deprivation of water/licenses for up to 2 years. And in the absence of a license to drive a car - arrest for 10-15 days or (if this is impossible) a fine of 30,000 rubles.
4. If the situation repeats (that is, the driver is repeatedly detained while drunk), the fine will be equal to 50,000 rubles, and the driver’s license will be deprived for 3 years. But to get your license back you will have to take the exams again at the traffic police. Note: if you do not pay the fine within the next 30 days after it is issued, the amount of the fine will double, and 15 days of arrest may be added to it.

As for criminal liability , it occurs for drunk driving only under certain aggravating circumstances - for example, a fatal accident for a pedestrian or other road users.

1. Punishment for a fatal accident if the driver is drunk is up to 7 years of imprisonment with simultaneous deprivation of driving privileges for 3 years (Article 264 of the Criminal Code). In case of death of 2 or more persons, the punishment involves up to 9 years of imprisonment with deprivation of water/licenses for up to 3 years.
2. Punishment for drunk driving accidents with victims. If the victims survived, then the punishment will depend on the severity of the harm that was caused to the person as a result of the actions of a drunk driver. Punishment includes civil liability (compensation for damage), administrative (fine, deprivation of water/rights) and criminal (that is, imprisonment when causing serious harm to a person’s health or death).

Punishment for a drunk driver in the event of an accident involving a pedestrian regarding the severity of the harm caused to his health:

1. Minor harm: the driver will face a fine of 2500-5000 rubles. or deprivation of water/rights for 1-1.5 years.
2. Harm of moderate severity: the driver will face a fine of 10,000-25,000 rubles. or deprivation of water/rights for 1.5-2 years.
3. Grave harm: the driver faces imprisonment for up to 5 years, arrest for 3-6 months, or imprisonment for up to 5 years with deprivation of water/licence for 3 years (Article 264 of the Criminal Code). If the victim died after the accident, then the punishment will be imprisonment for up to 5 years + deprivation of water/licenses for 3 years.

When a driver is considered drunk

The presence of a certain percentage of alcohol in the air and blood of a person is a common phenomenon. And it does not always provoke intoxication. The presence of a small amount of alcohol can be observed when consuming kvass, kefir, alcohol-based medications or sweets with liqueur. There are acceptable standards and there are prohibited ones.

The list of aggravations and mitigating circumstances is determined by Article 63 of the Criminal Code.

Alcohol intoxication is considered to be the detection during a medical examination of 0.35 ppm of alcohol in the blood or 0.16 ppm in the air. If the driver refuses to undergo the test, then he automatically admits guilt.

The presence of alcohol in the human body can be determined by a special tester. The driver who is involved in the inspection has the right to request a certificate of serviceability of the device. You can invite him to the procedure if you detect some visual signs of intoxication. These include:

• incoherent, slurred speech;
• unsteady gait;
• looking out of focus;
• smell of alcohol from the mouth;
• redness of the skin.

Attention!

The examination is carried out by an inspector who observes indirect signs of alcohol intoxication. The procedure can be carried out only with the consent of the driver, with the involvement of two witnesses.

When is a driver involved in an accident considered drunk?

The characteristics of the state of alcoholic intoxication are clarified by the provisions of the legislation - a driver is considered drunk if more than 0.16 ppm of alcohol is found in his exhaled air, or more than 0.35 in his blood.

However, you need to understand that zero is simply unattainable for many people. In particular, this applies to people who drink kvass or kefir, which contain a negligible amount of alcohol. Also, a small amount can be detected if a person takes medications with alcohol.

The exact value is determined using a breathalyzer. But initially, the traffic police officer evaluates the general condition of the driver for the presence of characteristic signs:

• slurred speech;
• pungent alcohol smell;
• unfocused gaze;
• unsteady gait.

If the above positions are present, the civil servant has the right to implement the examination procedure. A prerequisite is the consent of the driver and the presence of two witnesses.

If a potential violator refuses to undergo the procedure in favor of establishing status in a medical organization, then the employee cannot prevent him from doing so.

Step-by-step instructions for action in case of an accident

Any accident requires the right approach. Compliance with legal requirements will avoid additional liability. For hiding from the scene of an accident or failure to provide medical assistance to the victims, the punishment is more severe than the admitted guilt for the accident.

Standard emergency procedures:

1. Stopping a vehicle.
2. Providing assistance, including calling an ambulance, if there are victims.
3. Activation of an alarm signal.
4. Marking the location of the collision with a special sign.
5. Calling representatives of the traffic police representatives.
6. Collecting witness statements and waiting for the inspectors to arrive.

Attention!

Rearranging the vehicle, moving car debris and other objects related to the collision is prohibited.

You definitely shouldn’t leave the scene of a collision in order to sober up. It will not be possible to minimize the consequences in this way. As practice shows, both the fault and the emergency cause are quickly established. As a result, the punishment can only be increased.

Is it possible to draw up a Europrotocol?

In case of an accident involving a drunk driver, the involvement of traffic police inspectors is required. In some cases, when the parties do not have obvious claims against each other, it is possible to draw up a Europrotocol. You can get by with a simplified procedure for registering an accident if the following conditions are met:

• Damage is not higher than the maximum threshold.
• The presence of only material damage.
• No more than two participants in the accident.
• There is no disagreement regarding the cause or circumstances of the incident.
• Each party has a valid MTPL policy in hand.

Important!

In 2021, the amount of compensation for material damage under the European protocol is 100,000 rubles. Bonus for representatives of Moscow, Moscow Region, St. Petersburg and Leningrad Region - unlimited protocol. Within its framework, a refund of an amount up to 400,000 rubles is possible.

Subject to the above conditions, even a drunk participant can become a party to the European protocol. Often the injured person agrees to registration without the presence of inspectors in exchange for monetary compensation. But if there are complaints or unresolved issues, you should not take risks. It's better to call the traffic police.

Responsibility and punishment

If a drunk driver is involved in an accident, he needs to ensure that a lawyer is involved in the case. Drunk driving alone is already a misdemeanor with deprivation of rights. Liability measures may vary depending on the consequences of the accident.

Depending on the consequences, the following applies to the participant:

• civil liability measures;
• administrative punishment;
• criminal liability.

There are no negative consequences - just finding a driver in an inappropriate condition behind the wheel can result in a fine and deprivation of his license. Moreover, the measure applies both to the owner who voluntarily transferred control to a drunk person, and to the actual manager.

Types of responsibility:

1. With minor harm. In a standard situation, minor harm does not entail global consequences. The culprit of the accident manages to get by with a fine. If these are the consequences of drunk driving, then damages may be recovered from the offender in court.
2. Medium damage. Such consequences threaten an inadequate driver with a maximum period of deprivation of rights (2 years) and reimbursement of expenses for treatment and rehabilitation of injured participants.
3. Serious harm to health. Such a consequence entails criminal liability. The maximum measure is arrest. But more often, fines and correctional labor are used as punishment.
4. Aggravating circumstances:

• detection of exceeding the permissible alcohol limit;
• hiding from the scene of a collision;
• the presence of two or three persons affected by an accident;
• voluntary handing over of the steering wheel to a drunk driver;
• failure to provide assistance to injured participants.

1. Fatal accidents:

• In case of death of one person - prison, term from 5 to 12 years.
• Death of 2 or more people – imprisonment, 8-15 years.

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 no more than 5 years or imprisonment for a maximum of 3 to 7 years;
• paragraph 4 : in case of death of one person - imprisonment, from 5 to 12 years;
• paragraph 6 : in case of death of 2 or more people - imprisonment, from 8 to 15 years.

If the driver is repeatedly convicted of using a vehicle while intoxicated, then the punishment is imposed under Art. 264.1 of the Criminal Code of the Russian Federation.

Such serious consequences, at a minimum, discourage most people from driving while intoxicated. This helps create a calmer environment on the road.

Road accident with casualties

The presence of persons injured in an accident is accompanied by the appointment of strict measures to a drunk driver. In this case, deprivation of the right to drive alone will not do. If one victim is identified in the process, then it is often possible to limit the case to forced labor. The presence of several persons whose health has been damaged at once can result in a real prison sentence.

Important!

Compensation for treatment, and, if necessary, for moral damages, is the direct responsibility of the drunk participant in an accident. A prerequisite for his guilt must be proven.

If there is a threat of a prison sentence, it would be better for the culprit of the accident to admit guilt and reimburse the costs of treatment and rehabilitation. These and other actions make it possible to establish the fact of consciousness, and at the same time change the term to a suspended period.

External signs of a drunk person

From a purely outward appearance, a drunk can be seen immediately.

Person under the influence of alcohol

A drunk person reveals himself primarily by changing his facial expression. This may be either too active facial expressions, or, conversely, complete detachment. The look with small doses of alcohol becomes “brilliant”; with an increase in the amount of alcohol, the pupils of the eyes may stop reacting to light.

The skin on the face first becomes pink, and with severe intoxication it turns pale. A blue tint and swelling indicate a disruption in the functioning of the heart and kidneys.

Consciousness during alcohol intoxication

As mentioned above, the consciousness of a drunk can be either scattered or completely disconnected. The most dangerous option is when a person cannot sleep and becomes aggressive.

Sclera during intoxication

If we are talking about severe alcohol intoxication, the sclera of the eyes acquire a yellowish tint. This indicates problems with the liver. Such medical clinical signs require medical intervention.

Field score:

Total score:

Patient age

Length of use

What he uses Has he previously undergone treatment Consent to treatment Concomitant diseases Employment

Waiting for values ​​to be entered

Road accident without injuries

If no one was injured as a result of drunk driving, the driver will be punished. Primary control in such a state of intoxication is an administrative responsibility. A secondary similar violation is criminal liability.

Points that must be included in the protocol and that will affect the punishment:

• visible damage to the vehicle;
• measurements on the road;
• road accident diagram;
• eyewitness testimony;
• explanations of the participants in the incident.

In an accident without injuries, much depends on who was driving the car, the owner or the driver. If a manager took possession of a vehicle illegally (hijacking) or during working hours drove a company car in poor condition, then the measures will be strict. Along with the restoration of the car of the second participant, you will have to compensate for the damage caused to the company or the private owner of the car. And if you crash into a bus stop or building, you will have to pay for their restoration.

What threatens a drunk driver involved in an accident?

The ban on driving a vehicle (vehicle) while intoxicated is enshrined in law. Consequently, any drunk driver is subject to punishment, regardless of whether he was involved in an accident or not. Driving in this manner is punishable by a fine of 30 thousand rubles. and confiscation of the driver's license (VU) for up to 2 years (Article 12.8, Part 1 of the Code of Administrative Offenses (CAO) of the Russian Federation).

The main proof of intoxication is a blood test for alcohol. The analysis must be taken in medical conditions. institutions. Punishment for refusing medical treatment. examination (MO) is the same as driving a vehicle while intoxicated: a fine of 30 thousand rubles. and confiscation of driving license for up to 2 years (Part 1 of Article 12.26 of the Administrative Code). A traffic police officer has the right to send any driver to a police station if he has reason to believe that the driver is drunk.

In a car accident, it is equally possible that either party to the incident may be intoxicated. What awaits each of them in such a situation, we will consider further.

If you get into an accident while drunk and are at fault

The punishment for a drunken initiator of a car accident depends on the severity of the consequences of the accident, that is, on whether people were injured and the degree of damage caused to their health. Let's analyze what the punishment is for an accident while intoxicated in 2021:

• fine 30 thousand rubles. and a driving ban for up to 2 years (Article 12.8, Part 1 of the Administrative Code);
• compensation for material and moral damage to the victims from their own funds (Article 1064 of the Civil Code) or recovery in the amount of insurance compensation according to the recourse claim of the insurance company, which previously compensated the injured party for the damage caused;
• criminal liability if, as a result of a road accident, people were seriously injured or killed (Article 264 of the Criminal Code (CC): if serious harm was caused to the health of the victim - forced labor for up to 5 years or imprisonment from 3 to 7 years;
• if one person died in an accident - imprisonment from 5 to 12 years;
• if two or more people died in an accident - imprisonment from 8 to 15 years;

In addition, Art. 264 additionally provides for all three options a ban on holding certain positions or engaging in certain activities for a period of up to 3 years.

Legislation for drunken accidents not committed for the first time provides for even more severe punishment (Article 264.1 of the Criminal Code):

“Driving a car ... by a person in a state of intoxication, subject to administrative punishment for driving a vehicle while intoxicated ... is punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years. years, or compulsory labor for a term of up to four hundred eighty hours, or forced labor for a term of up to two years, or imprisonment for a term of up to two years.”

Plus, deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years is added.

This means that if a citizen who has received an administrative punishment for driving while intoxicated is again caught driving in the same state within a year after the confiscated driving license is returned to him, then he will have to bear criminal liability even if he is not the culprit of a “drunk” accident.

If the injured participant in the accident is drunk

This option is also found on our roads. Drunk people injured in road accidents are guilty of driving while intoxicated. Therefore, they will be subject to punishment under Art. 12.8, part 1 of the Administrative Code, namely, penalties of 30 thousand rubles. and confiscation of driving license for up to 2 years. If such a situation happens again, then the measures will be more stringent (they are described in the previous section). Payments under compulsory motor liability insurance must be made by the insurance company to the victim in full.

Fatal traffic accident

For a fatal outcome after an accident due to drunk driving, there will be imprisonment (7-12 years). Several victims - at least 8 years of imprisonment. This is along with deprivation of rights for 3 years. Instead of the maximum prison term, correctional labor (up to 5 years) may be prescribed along with restriction of freedom (from 4 years).

Important!

From July 1, 2015, if guilty of death as a result of an accident committed while drunk, the person responsible for the accident faces a restriction of liberty for 4-9 years. A minimum term of 4 years is already guaranteed as punishment. Before that period, the guilty person faced up to 5 years of correctional labor + a term set by the court at its discretion (there was no minimum threshold).

Aggravation and mitigating circumstances can significantly affect the punishment. Example: The result of inappropriate driving is the death of a pregnant woman/minor. Most likely, the maximum penalty will be requested. In this case, mitigation can be achieved if the culprit has dependents who need the support of a trustee.

Fatal accidents caused by alcohol intoxication

The most unpleasant option with the most severe consequences is an accident on the road with a drunk driver, which causes death.

IMPORTANT

The legislation has already developed serious punishment for drunken offenders. But with the presence of victims, it becomes significantly tougher. In this case, it will not be possible to get away with a fine - the death of even one person due to negligence is a sufficient reason for imprisonment from 5 to 12 years.

If there are more deaths, the minimum term increases to 8 years, the maximum to 15 years. You also need to additionally remember that the relatives of the victims are entitled to compensation, and the state is entitled to 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 a drunk driving accident that resulted in the death of those involved in the accident.

Additional Information

For example, if a pregnant woman or a minor died as a result of an incident, the driver’s actions will be considered at the maximum penalty level. However, the consequences can be mitigated if it is determined that there are dependents who are in dire need of support.

Considering these factors, it is impossible to draw a definitive conclusion on a particular situation, since in each case many specific circumstances must be taken into account.

If the driver fled the scene of the accident

Fleeing from the scene of an accident, regardless of the presence of victims, is an offense. Both the sober and drunk driver will be held responsible for it. In the first case, less serious consequences are expected. Without the burden of drunk driving, you can get by with deprivation of the right to drive a vehicle (1.5-2 years) or administrative arrest for up to 15 days.

The discovery of a dose of alcohol in the body of a driver who fled the scene of an accident above the norm, even if he drank alcohol after the incident, is already an admission of an accident while intoxicated.

Procedure in case of an accident with a drunk driver

If a traffic accident occurs involving a driver who is intoxicated, the actions are the same as in other cases of an accident. They are prescribed in the Rules of the Road, part 2, clause 2.5:

1. Stop the vehicle.
2. Provide first aid to the injured and call an ambulance.
3. Take measures to preserve all details of the accident.
4. Put up a warning triangle and turn on the hazard warning lights.
5. Call the police.
6. Do not move or destroy objects associated with the collision: do not remove debris, glass, etc.

If a drunk participant leaves the scene of an accident

Some drivers decide that in the event of a drunk driving accident, the best solution is to flee the scene. Allegedly, during this time the alcohol will leave the blood, and the punishment will be lighter.

In fact, leaving the scene of an accident is a violation under Article 12.27 of the Administrative Code, part 2. The punishment for this offense is deprivation of rights for a period of 1 to 1.5 years or administrative arrest for up to 15 days.

Note! Such punishment is applied only in the absence of corpus delicti under a criminal article - there are no injuries or deaths. In other cases, the penalties are more severe.

Will the insurance company pay for CASCO?

If the person at fault has a CASCO policy, he will not have to rely on the insurance company. In this case, no compensation will be paid to the other party from insurance reserves. All expenses will have to be covered from your own pocket.

For reference!

The CASCO agreement does not always contain a condition regarding the absence of payments in the event of an accident caused by a drunken policyholder. If such a clause is missing, then with the help of a professional lawyer you can obtain compensation for damage from the insurance company.

Appeal against punishment

Each decision of the traffic police inspector can be challenged. An appeal must be made within 10 days from the date of the statement. A higher official will have to file a complaint; the second option is to file a lawsuit in court.

If the initial decision of the traffic police was canceled, you need to file a claim in court to recognize the other participant in the accident as responsible for the accident. The claim sets out one’s own position, vision of the situation regarding one’s own innocence and provides references to legislative norms with which one can confirm one’s innocence.

Popular questions and answers

Question:

If a driver driving after a feast hits a pedestrian, what payments will he have to make to the victim?
Answer:
If the permissible alcohol standards are exceeded, this is proven by an expert examination, you should not count on the mercy of the judges. Judicial practice proves that for serious harm to health, compensation in favor of the victim is awarded in the amount of at least 100 thousand rubles. Disability as a result of a traffic accident – ​​500 thousand rubles. To relatives who have lost a loved one in an accident, the culprit pays about 1 million rubles.

Question:

Will the person responsible for the accident be paid sick pay at their place of work?

Answer:

In case of injury associated with an accident, a certificate of incapacity for work is opened. However, the amount of payments will be affected by certain circumstances. The amount may be lowered if the fact of the driver’s intoxication is officially confirmed. These appointments are made by the employer or social insurance.

Question:

As a result of drunk driving, a pedestrian was hit. The elderly man was seriously injured. In addition to compensation for treatment, he demands moral compensation. Is there a maximum limit for such a payment and is it possible to somehow reduce the amount?

Answer:

The law does not establish a lower or maximum threshold for the amount of moral compensation. The plaintiff himself sets the amount of compensation. Judges can correct it based on the real state of affairs and the degree of damage caused. It will be possible to reduce costs by agreeing with the injured party on a peaceful settlement of the dispute. You can stipulate both the amount and procedure for compensation payments.

Will the insurance company pay for compulsory motor liability insurance?

Who will pay for the damage caused by the actions of a drunk driver to the victim? And will MTPL insurance cover car repairs after an accident?

Based on the law on compulsory motor liability insurance, the driver’s drunken state is not a reason for refusal to pay insurance. That is, the insurance company is obliged to make all necessary payments (compensation for damage to the health/property of the injured person), but then has the right to present recourse claims to the culprit of the accident equal to the amount paid. To put it simply, MTPL will pay compensation for a drunk driver, but these funds will have to be returned (Article 76 of the MTPL rules) .

Is a drunk driver entitled to sick leave after an accident with injuries?

According to the law, the driver is entitled to sick pay after an accident with injuries (like any other employee).

But…

1. The amount of the benefit may be reduced if injuries were sustained (or any disease occurred) due to intoxication (toxic, narcotic, alcoholic) or other actions that are associated with intoxication (Article 8 of Federal Law-255).
2. If the benefit is reduced for the reason described above, its amount cannot exceed the minimum wage for 1 calendar month.
3. To reduce the benefit, the above reason must be supported by relevant documents. That is, a doctor’s note that the driver was intoxicated, or a document obtained as a result of a medical examination.

Sick leave is paid by the employer or the Social Insurance Fund.

conclusions

Drunk driving - detection of more than 0.16 ppm of alcohol in the air, and more than 0.35 ppm of alcohol in the driver’s blood. Refusal of a medical examination is an automatic admission of guilt. For a misdemeanor, depending on the consequences and frequency of violations, civil or administrative, as well as criminal liability occurs. The procedure for an accident involving a drunk participant is standard.

If there are no disagreements, a European protocol can be drawn up. Fixing a drunk driver will result in a fine of 30,000 rubles and deprivation of rights for 1.5-3 years. Causing harm to other participants in the incident - a fine and correctional labor. The presence of victims means imprisonment.