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Driving under the influence of alcohol - dangerous, expensive and stupid
The influence of alcohol is one of the main causes of serious road accidents. That's why the punishment is severe and the consequences serious if you're caught double-throwing (called drinking and driving).
The worst thing that can happen if you drink and drive is, of course, an accident, but drinking and driving can still have serious consequences. If you are caught with a high enough blood alcohol level, you will be fined, imprisoned and lose your driving license.
Like driving under the influence of alcohol, it is a crime to drive under the influence of drugs or medication. In this article we will focus on the effects of alcohol.
Alcohol consumption limit
Art.22 The Road Traffic Act states that driving under the influence of alcohol is illegal. If your blood alcohol concentration is higher than 0,2 per mille, you are considered under the influence of alcohol. Therefore, it is assumed that the permissible level of alcohol in the blood while driving a vehicle cannot exceed 0,2 per mille.
Penalty: fine and imprisonment
The penalty for driving under the influence of alcohol is: art. 31 of the Road Traffic Act . The penalty is usually:
- fine up to 0,5 per mille
- fine and conditional or unconditional imprisonment exceeding 0,5 to 1,2 per mille
- fine and unconditional imprisonment exceeding 1,2 per mille.
The penalty that falls within these limits depends, among other things, on how high the blood alcohol level was and how dangerous driving was. Driving under the influence of alcohol, which led to a high risk, will of course be punished more severely than in the case of a lower potential risk.
Prison
Unconditional detention means you must go to prison and serve your sentence. Conditional imprisonment means you do not have to serve a prison sentence if you meet certain conditions.
If you do fall into the category that should be subject to a fine and probation, there is the alternative of a fine and probation provided you follow a drug-driving prevention program. Such a program is only for those who want it and have a problem with alcohol. Further references can be found in article 31 fifth paragraph of the Road Traffic Act.
Financial consequences.
The fine for driving under the influence of alcohol is high! The starting point is that the penalty should be 1,5 times the gross monthly income and only in rare cases below NOK 10 1 . For example, if you earn NOK 500 per year, the starting point is a penalty of NOK 000. It's bad for your wallet.
The starting point is a penalty of 1,5 times your monthly income. However, for people with low incomes and poor finances, the penalty may be lower.
There are examples from courtrooms where the driver had a high income, which made the penalty very high. In the 2017 judgment of the Court of Appeal in Gulated, the penalty was set at NOK 300, see LG-2017-35089 . There are examples of even higher penalties.
Loss of driving license.
Losing your driving license is not actually considered a penalty as defined Criminal Code , but to many it probably feels like a punishment.
The period of deprivation of a driving license is called the period of loss. Regulates it art. 33 of the Road Traffic Act and damages provisions.
Driving under the influence of alcohol in Norway
The length of time you lose your driving license depends on how high your blood alcohol level is. Damage Regulations § 3-1 i Sections 3-2 defines a period for different levels of alcohol abuse:
- Blood alcohol level up to and including 0,5 per mille: does not usually result in loss of driving license
- Blood alcohol level above 0,5 to 0,8 inclusive: loss time from 12 to 18 months
- Blood alcohol level above 0,8 to 0,9 inclusive: loss time from 18 to 20 months
- Blood alcohol level above 0,9 to 1,1 inclusive: loss time from 20 to 22 months
- Blood alcohol level above 1,1 to 1,2 inclusive: loss time from 22 to 24 months
- Blood alcohol level above 1,2: loss period of at least 2 years.
These are starting points and there is room for judgment when determining the period for which your driving license will expire. The period of loss of driving license may be longer than in the example if there are aggravating circumstances in the case, see Sections 3-2 No. 4. Aggravating circumstances may include long-distance driving or serious damage.
Source: LOVDATA
