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Lawyer Lukinova called the source of alcohol unimportant for a legal assessment.

Lawyer Lukinova: the source of alcohol does not matter for legal assessment
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Photo: IZVESTIA/Sergey Lantyukhov
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The source of alcohol does not matter for the legal assessment. Exceeding the permissible level can be recorded regardless of whether it is associated with the consumption of alcoholic beverages, kefir or products with alcohol content. Sofya Lukinova, head of the Legal department of VMT Consult, told Izvestia on April 6.

"If the alcohol level in the driver's body exceeds the permissible 0.3 ppm, he faces a fine. According to Article 12.8 of the Administrative Code of the Russian Federation, it amounts to 45 thousand rubles with the deprivation of the right to drive a car for a period of 1.5 to 2 years. At the same time, such punishment is applied in cases where there is no criminal offense in the actions of the driver, that is, the violation did not lead to a traffic accident," the expert said.

If driving under the influence of alcohol is detected again, the responsibility becomes tougher and may become criminal. In this case, a fine of up to 300 thousand rubles or imprisonment for up to two years is provided.

Lukinova stressed that the source of alcohol does not matter for the legal assessment. Exceeding the permissible level can be recorded regardless of whether it is associated with the consumption of alcoholic beverages, kefir or products with alcohol content.

She also drew attention to the difference between the concepts of "presence of alcohol" and "state of intoxication." The first means exceeding the permissible concentration, while the second is determined based on a set of signs, including the behavior of the driver and the results of a medical examination.

According to the expert, the driver has the right to declare in court the possible reasons for exceeding the indicators, but this requires confirmation. At the same time, refusal to undergo an examination is actually equivalent to recognizing a state of intoxication and entails similar sanctions.

Lukinova added that any attempts to influence the results of the examination or aggressive behavior towards police officers only aggravate the situation. At the same time, the driver has the right to record violations of the procedure by inspectors for subsequent appeal.

The Moscow State Traffic Inspectorate, in order to prevent and suppress gross violations of traffic rules (SDA), held a preventive event "Drunk driver" from February 21 to 23. The last raid took place in Moscow on January 23-25. As a result of the event, 299 cases of drunk drivers driving vehicles were suppressed, including 82 drivers who were intoxicated, 217 drivers refused to undergo a medical examination.

All important news is on the Izvestia channel in the MAX messenger.

Переведено сервисом «Яндекс Переводчик»

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