Is a drink-driver a criminal?

On 1 July 2020, Law of Ukraine No. 2617-VIII “On Amendments to Certain Legislative Acts of Ukraine Regarding the Simplification of Pre-trial Investigation of Certain Categories of Criminal Offences” (hereinafter “Law No. 2617-VIII”) came into force. The above-mentioned law introduced amendments to certain legislative acts, in particular the Code of Ukraine on Administrative Offences, the Code of Criminal Procedure of Ukraine and the Criminal Code of Ukraine.

The most debated issue was that Law No. 2617-VIII provides, in particular, for the classification of driving under the influence of alcohol, drugs or other intoxicating substances as a criminal offence. Previously, such acts fell within the scope of an administrative offence under Article 130 of the Code of Ukraine on Administrative Offences.

However, corresponding amendments were made to the aforementioned article of Law No. 2617-VIII, and a new Article 286-1 was introduced into the Criminal Code of Ukraine, entitled ‘Driving a vehicle whilst under the influence of alcohol, drugs or other intoxicating substances, or under the influence of medicinal products that impair attention and reaction speed’.

Currently, the provisions of Article 286-1 of the Criminal Code of Ukraine provide for four independent grounds for bringing a person to criminal liability, namely:

1. Driving a vehicle whilst under the influence of alcohol, drugs or other intoxicating substances, or under the influence of medicinal products that impair attention and reaction speed;
2. Handing over control of a vehicle to a person who is under the influence of such intoxicating substances or medicinal products;
3. Refusal by a person driving a vehicle to undergo, in accordance with the established procedure, a medical examination for alcohol, drug or other intoxication or the use of medicinal products that impair attention and reaction speed;
4. The consumption by a driver of a vehicle, following a road traffic accident in which they were involved, of alcohol, drugs, or medicinal products derived therefrom (except those included in the officially approved contents of a first-aid kit or prescribed by a healthcare professional), or after the vehicle has been stopped at the request of a police officer, before a medical examination has been carried out by an authorised person to establish the state of intoxication caused by alcohol, drugs or other substances, or regarding the use of medicinal products that impair attention and reaction speed, or before a decision has been made to exempt the driver from such a medical examination.

In turn, the penalty under Article 286-1 of the Criminal Code of Ukraine provides for a fine of between one thousand (17,000 UAH) and two thousand (34,000 UAH) non-taxable minimum incomes, with deprivation of the right to drive for a period of up to three years. In the event of a repeat offence: a fine of up to three thousand (51,000 UAH) non-taxable minimum incomes, with deprivation of the right to drive for a period of two to three years.

At the same time, according to information contained on the official website of the Verkhovna Rada of Ukraine, on 02.07.2020, the President of Ukraine signed Law No. 720-IX “On Amendments to Certain Legislative Acts of Ukraine in Connection with the Adoption of the Law of Ukraine ‘On Amendments to Certain Legislative Acts of Ukraine Regarding the Simplification of Pre-trial Investigation of Certain Categories of Criminal Offences’” (hereinafter “Law No. 720-IX”).
The aforementioned Law No. 720-IX repeals sub-paragraph 171 of Law No. 2617-VIII, which brought into force Article 286-1 of the Criminal Code of Ukraine.

Consequently, driving under the influence of alcohol is currently an administrative offence under Article 130 of the Code of Ukraine on Administrative Offences and falls within the administrative jurisdiction of such cases.