The Saeima Criminal Justice and Sentencing Policy Committee on Tuesday backed amendments to the Criminal Law prepared at the instigation of Attorney General Juris Stukāns at the Ministry of Justice (TM), which provides for increased penalties for drunk drivers.
The amendments provide for a fine to be imposed for driving under the influence of alcohol, narcotic, psychotropic, toxic or other intoxicating substances, and related offenses as a mandatory additional punishment on top of another type of punishment.
A fine of between €1,860 and €620,000 as a mandatory additional penalty should be imposed for driving in the absence of an appropriate category of driving license and under the influence of alcohol, narcotic, psychotropic, toxic, or other intoxicating substances.
A mandatory additional penalty of the same amount should be imposed for driving or teaching to drive if the blood alcohol concentration of the breath or blood test exceeds 1.5 promilles, or for driving or teaching to drive while under the influence of narcotic, psychotropic, toxic, or other intoxicating substances.
A fine of between €1,860 and €620,000 as a mandatory additional penalty should also be imposed for refusing a medical examination for blood alcohol concentration or for testing the effects of narcotic, psychotropic, toxic, or other intoxicating substances if the driver has done so.
A fine of between €3,100 and €1.24 million as a mandatory additional penalty should be imposed for violation of road traffic regulations or vehicle operating regulations if it has been committed by a person driving a vehicle under the influence of alcohol, narcotic, psychotropic, toxic or other intoxicating substances and if this has caused mild injury.
A mandatory additional penalty of the same amount should be imposed for violation of road traffic regulations or regulations regarding the operation of vehicles if it has been committed by a person driving a vehicle under the influence and if as a result a victim has suffered bodily injury of medium severity.
A fine of between €6200 and €3.1 million as a mandatory additional penalty should be imposed for breaching road traffic regulations or vehicle operating regulations if it has been committed by a person driving a vehicle under the influence of alcohol, narcotic, psychotropic, toxic or other intoxicating substances and if as a result the victim has suffered serious bodily injury or died.
A mandatory additional penalty of the same amount should be imposed if the violations have caused the death of two or more persons.
If the fine is not paid, it will be replaced by imprisonment.
The amendments also provide for the abolition of the possibility to impose community service as a punishment, because it is not an effective punishment in order to discourage such violations, explains TM.
The change also states that the offense will no longer be punishable only by a fine, but a fine will have to be imposed as an additional penalty to another of the types of punishment provided for by law.
The amendments are being directed because an analysis of the statistical information at the disposal of the Prosecutor's Office has concluded that even after the previous changes of criminal liability for drunk drivers, which can result in car confiscation, have entered into force, the punishment imposed on the person does not achieve this objective. A significant number of drivers driving under the influence of alcohol or drugs still remain, the Ministry said.
