Prosecutor general would back murder charges against drunk drivers who cause fatal accidents

RIGA - The actions of drunk drivers that have caused fatal road traffic accidents could be qualified as murder, and at the same time such liability would have a psychologically preventive significance, Prosecutor General Juris Stukans said Thursday on Latvian Radio.

Under the current law, drivers or driving instructors face criminal liability if they are caught with over 1.5 per mille of alcohol on their breath. Vehicles are also confiscated if the owner has been driving under the influence of alcohol or has refused to take a breathalyzer test. If the vehicle is owned by another person, the full or partial value of the vehicle is recovered from the person responsible.

According to Stukans, the overall percentage of drink-drivers has decreased, but the number of drink-driving offences is still high for the Latvian population.

Commenting on the tragic accidents caused by drunk drivers, Stukans mentioned last year's tragedy in the US, where an intoxicated driver hit and killed hockey players Johnny and Matthew Gaudreau. The driver has now been charged with murder. Stukans revealed that when he heard about the case, he considered approaching the Justice Ministry with a proposal to introduce similar legislation in Latvia.

"Theoretically, we say that it is not murder, but maybe we should think about the type of intent, if only as a preventive measure, and call this offence murder," Stukans said, adding that he would support such a proposal.

Stukans believes that such a qualification of the offense should have a deterring effect on a normal person's mind.

Asked whether the prosecutor's office could submit draft amendments to the law introducing criminal liability for deadly road traffic accidents caused by drunk drivers, Stukans did not give a straight answer, but noted that during his mandate he had submitted many different proposals.

At the same time, Stukans believes that there is no reason to further toughen sanctions for drink-drivers in the Criminal Law. He said that the harshest punishment for sexual offences against children is life imprisonment, but this does not deter abusers. Instead, he said, the public should be educated and the quality of education improved.