In the video: Attorney Nurit Atok in the studio Walla! (Editor: Dina Mahfoutz)
A driver caught with a higher than legal blood alcohol level may be severely punished.
What is drunk driving according to the law and is there a connection between the amount of alcohol and the punishment that will be imposed?
Adv. Nurit Atok came to the Walla! studio to expand on the issue.
What is the legal definition of drunk driving?
According to the law in the State of Israel, any person who drives under the influence of an intoxicating drink or a dangerous drug is driving drunk.
"An intoxicating drink is a drink that exceeds a certain concentration, currently 240 micrograms in the blood, while a dangerous drug is any drug that is included in the Dangerous Drugs Ordinance," explains Attorney Atuk.
If I was caught driving drunk, what would happen to me and could my license be revoked even before The trial?
The first action a police officer performs when stopping a person for drunk driving is to take his license, and then he will summon that person, within three days, for a hearing in front of an officer, who can order a disqualification of up to 30 days. "Then, depending on the concentration of alcohol in the blood, The same officer can even impose a disqualification until the end of the proceedings, which is a very long disqualification," explains Attorney Atuk.
Is there a connection between the amount of alcohol caught in the body and the punishment, and how is someone treated in court who has a small amount caught in his body?
"Above a certain level of concentration, and once you have been declared drunk, the court does not treat the issue in a mitigating way," notes Attorney Atok. The sentence can drop from the minimum two-year disqualification that exists for driving while intoxicated.
As the alcohol level increases, so does the penalty.
In addition to disqualification, there are also associated penalties such as suspended prison terms, conditional disqualification or a high fine."
How reliable is the owl device?
In 2005, the Israel Police began using the owl device to detect drunk drivers.
On this, Attorney Atok said: "The technology of the Israel Police is never 100 percent reliable.
As soon as a person refuses to do a test with an owl, the police can summon him to court for the offense of refusal.
Therefore, the question of whether a person should refuse an owl test depends on the circumstances.
For example, a person with health problems can refuse.
The policeman should tell him that he can be taken for a urine test or a blood test, but it should be understood that this is at the discretion of the policeman."
What about a characteristic test?
"This is a completely subjective impression of the policeman and it is an unreliable test," says Attorney Atuk.
"That's why in 2005 the owl was introduced. At the end of the day, we see that both the technology and the police officer are not the most reliable."
If I was caught driving drunk, how can a lawyer help me?
A traffic attorney can prevent all the defects even before they have to be discovered. Attorney Atok explains: "For example, drivers who are questioned while drunk, this is something that must not be done, or drivers who are not aware of their rights during the investigation itself. After that, in traffic, we discover defects in the tests The periodicity, in the investigation itself and in the device itself. We can help in canceling the ban on using the vehicle and canceling the administrative disqualification."
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article courtesy of Zap Legal
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Sentence
criminal and traffic
Tags
driving under the influence