Alcohol or Drug-Related Driving Case

1. Driving of a motor car, streetcar, trolleybus, tractor or other mechanical transport under the influence of a narcotic, psychotropic or a new psychoactive substance, –

shall be punished by a fine or house arrest for a term of six months to two years, or by community service for a term of 200 to 400 hours, and/or by imprisonment for a term of up to one year.

2. Violation of traffic safety rules or rules for operating a motor car, streetcar, trolleybus, tractor or other mechanical transport by a person driving them that has caused less serious harm to health, –

shall be punished by a fine or house arrest for a term of six months to two years, and/or by imprisonment for a term of up to three years, with or without deprivation of the right to hold an office or to carry out activities for a term of up to three years.

3. The same act committed under the influence of alcohol or a narcotic/psychotropic/new psychoactive substance, –

shall be punished by imprisonment for a term of two to five years, with or without deprivation of the right to hold an office or to carry out activities for a term of up to three years.

4. An act under paragraph 2 of this article that has caused serious harm to health, –

shall be punished by a fine or imprisonment for a term of three to five years, with deprivation of the right to hold an office or to carry out activities for a term of up to three years.

5. The same act committed under the influence of alcohol or a narcotic/psychotropic/new psychoactive substance, –

shall be punished by imprisonment for a term of four to six years, with deprivation of the right to hold an office or to carry out activities for up to three years.

6. An act under paragraph 2 of this article that has resulted in the human’s death, –

shall be punished by imprisonment for a term of four to seven years, with deprivation of the right to hold an office or to carry out activities for up to three years.

7. The same act committed under the influence of alcohol or a narcotic/psychotropic/new psychoactive substance, –

shall be punished by imprisonment for a term of six to nine years, with deprivation of the right to hold an office or to carry out activities for up to three years.

8. An act under paragraph 2 of this article that has resulted in the death of two or more people, –

shall be punished by imprisonment for a term of six to ten years, with deprivation of the right to hold an office or to carry out activities for up to three years.

9. The same act committed under the influence of alcohol or a narcotic/psychotropic/new psychoactive substance, –

shall be punished by imprisonment for a term of eight to twelve years, with deprivation of the right to hold an office or to carry out activities for up to three years.

Note:

1. The deprivation of the right to hold an office or to carry out activities shall be used as a measure of punishment when an act under Article 275 and/or this article of this Code is committed under the influence of alcohol.

2. Commission of an act under Article 275 of this Code and/or this article under the influence of a narcotic/psychotropic/new psychoactive substance shall be established on the basis of clinical and laboratory reports, while in the case of refusal to take a lab test, the aforementioned influence shall be established only on the basis of a clinical report.

The consolidated official source is listed in the source section at the end of this guide.

1. Violation of traffic safety regulations by a passenger, pedestrian or other participant of the traffic (except for a person under Article 275 or 276 of this Code) that has caused less serious or serious harm to health, –

shall be punished by a fine or house arrest for a term of six months to two years, or by imprisonment for up to two years.

2. The same act that results in death by negligence, –

shall be punished by imprisonment for a term of two to four years.

3. An act defined in paragraph 1 of this article that results in negligent death of two or more persons, –

shall be punished by imprisonment for a term of five to nine years.

The consolidated official source is listed in the source section at the end of this guide.

1. Illegal purchase and/or storage of drugs, their analogues or precursors, –

shall be punished by imprisonment for up to six years.

2. The same act committed:

a) in large quantities;

b) by a group of persons with preliminary agreement;

c) using an official position;

d) repeatedly;

e) by a person who has previously been convicted of committing any of the intentional crimes provided for by this Chapter, –

shall be punished by imprisonment for a term of five to eight years.

3. The act provided for by paragraph 1 or 2 of this article committed:

a) in particularly large quantities;

b) by an organised group, –

shall be punished by imprisonment for a term of eight to twenty years or by life imprisonment.

Note:

1. Persons who voluntarily turn in drugs, their analogues, precursors, new psychoactive substances, psychotropic substances, their analogues or potent substances shall be released from criminal liability considered for the crimes defined in this Chapter, unless there are elements of another offence in their actions.

2. For the purposes of this Chapter, voluntary turning in shall mean only such actions when a person, before the commencement of investigation declared in writing or through any technical means of communication, about the intention to deliver drugs, their analogues, precursors, new psychoactive substances, psychotropic substances, their analogues or potent substances and actively assists in their seizure.

3. For committing an act provided for by this article, a legal person shall be punished by liquidation or deprivation of the right to carry out activities and a fine.

4. Paragraph 1 of this article shall apply to any quantity of a new psychoactive substance.

5. The aggravating circumstances provided for by paragraphs 2(a) and 3(a) of this article shall not apply to new psychoactive substances.

6. This Chapter shall also apply to narcotic drugs, namely to cannabis plant and marijuana, defined in rows 73 and 92 of the list ‘Narcotic Drugs’ defined in the table of Annex No 2 to the Law of Georgia on Narcotic Drugs, Psychotropic Substances, Precursors and Narcological Assistance.

The consolidated official source is listed in the source section at the end of this guide.