Driving Under the Influence of Narcotics — Article 276 and Its Penalty Tiers
A traffic crime committed under the influence of a narcotic, psychotropic or new psychoactive substance is governed by Article 276 of the Criminal Code of Georgia, and in the eyes of the law this circumstance especially aggravates liability: for the same conduct that carries a comparatively mild form of penalty when committed sober, the penalty under the influence of a substance is sharply higher. At the same time, the evidentiary base of such a case is specific — establishing intoxication depends on medical conclusions — and it is exactly there that the real possibilities of the defense open up.
Under the first part of the article, driving an automobile, tram, trolleybus, tractor or other mechanical transport vehicle under the influence of a narcotic, psychotropic or new psychoactive substance is punished by a fine, or house arrest for a term of six months to two years, or community service for a term of two hundred to four hundred hours, or imprisonment for a term of up to three years. This part is punishable in itself — without any consequence — and the fate of the case depends on establishing the fact of intoxication.
Compositions With Consequences — by the Type of Harm
The law regulates liability according to the severity of the consequence. A violation of the rules of traffic safety or operation by the person driving the vehicle, which caused less grave bodily injury, is punished by a fine or house arrest for a term of six months to two years, or imprisonment for a term of up to three years, with deprivation of the right to hold office or carry out activity for a term of up to three years or without it. Where grave bodily injury was caused, the law provides a fine or imprisonment for a term of three to five years, with deprivation for up to three years. Where a person's death was caused — imprisonment for a term of four to seven years, with deprivation for up to three years; and where the death of two or more persons was caused — imprisonment for a term of six to ten years, with deprivation for up to three years.
The Aggravating Effect of Intoxication — At Least Twice as Strict
For each of the listed consequential compositions the law defines a separate, aggravated variant for commission under the influence of a substance. In the case of less grave injury, an act committed under the influence is punished by imprisonment for a term of two to five years, with deprivation for up to three years or without it. In the case of grave injury — imprisonment for a term of four to six years, with deprivation for up to three years. In the case of death — imprisonment for a term of six to nine years, with deprivation for up to three years. And in the case of the death of two or more persons — imprisonment for a term of eight to twelve years, with deprivation for up to three years. As is evident, even the lower limit of the penalty for an act committed under the influence is sharply higher — and that is exactly why the correctness of establishing intoxication is the central question of the case.