Drunk Driving and Transport Crimes — Article 276
Article 276 of the Criminal Code of Georgia governs liability for violation of the rules of traffic safety or operation of transport. In intoxication-related cases the norm unites two directions: driving under the influence of narcotic, psychotropic or new psychoactive substances is an independent crime even without any consequence, while the influence of alcohol or these substances turns every consequence level of a rule violation into a separate, aggravated composition. When the accusation comes together with intoxication, the penalty range extends from a fine to twelve years of imprisonment, and the exact qualification becomes decisive for the outcome.
What Driving Under Influence Means Here
The first part of the article describes as a separate composition the driving of an automobile, tram, trolleybus, tractor or other mechanical vehicle under the influence of narcotic, psychotropic or new psychoactive substances — no consequence is required here: the very fact of driving in this state grounds criminal liability. A note to the article defines the establishment procedure precisely: influence of narcotic, psychotropic or new psychoactive substances is established by clinical and laboratory conclusions, and where the person refuses the laboratory examination — by the clinical conclusion alone. This means the foundation of the accusation is medical conclusions, and their completeness and lawfulness create the defence's room for work.
Sanctions Under Article 276 — Every Level
The article consists of nine parts:
- driving under the influence of narcotic, psychotropic or new psychoactive substances — a fine, or house arrest from six months to two years, or community service from two hundred to four hundred hours, or imprisonment for up to three years;
- a violation causing less grave bodily injury — a fine, or house arrest from six months to two years, or imprisonment for up to three years, with deprivation of the right to hold an official position or carry out an activity for up to three years or without it;
- the same act under the influence of alcohol or the listed substances — imprisonment from two to five years, with such deprivation for up to three years or without it;
- a violation causing grave bodily injury — a fine or imprisonment from three to five years, with deprivation for up to three years;
- the same under influence — imprisonment from four to six years, with deprivation for up to three years;
- a violation causing a person's death — imprisonment from four to seven years, with deprivation for up to three years;
- the same under influence — imprisonment from six to nine years, with deprivation for up to three years;
- a violation causing the death of two or more persons — imprisonment from six to ten years, with deprivation for up to three years;
- the same under influence — imprisonment from eight to twelve years, with deprivation for up to three years.