Drink driving that harms someone

They are the two articles of the Vehicles and Traffic Act that apply where the violation of Articles 7.01, 7.02 or 7.03 — driving under the influence — has a consequence for another person. They do not replace the drink-driving offence: they add to it, and the Act says so itself.

Article 7.05 applies to anyone violating Articles 7.01, 7.02 or 7.03 who thereby causes bodily harm to another person. Article 7.06 applies where that same violation causes grave bodily harm to a human being, or causes another person’s death. The Act does not require the injured person to be a third party outside the vehicle: it says “another person” and “a human being”.

• That there be a violation of Articles 7.01, 7.02 or 7.03 of Act 22-2000 — driving or operating a vehicle under the effects of intoxicating drinks, drugs or controlled substances — and that as a consequence bodily harm, grave bodily harm or the death of another person be caused.Verified against the official source

Information pending verification.

1. 1

   Step 1: Bodily harm: three years and one to five without a licence

   Article 7.05 says anyone who violates Articles 7.01, 7.02 or 7.03 and thereby causes bodily harm to another person commits a misdemeanour and, on conviction, shall be punished with three years’ imprisonment, a fine of not less than one thousand dollars nor more than five thousand, or both at the court’s discretion. Restitution is also imposed, and suspension of the driving licence for a term of not less than one year nor more than five.

2. 2

   Step 2: This case does not replace the drink-driving one

   Both articles close with the same sentence, and it is worth reading slowly: the proceeding under this article “shall not preclude another proceeding, on the same facts, for violation of Articles 7.01, 7.02 or 7.03 of this Act”. That is, the driving-under-the-influence offence remains alive alongside the offence for the harm caused.

3. 3

   Step 3: Grave bodily harm: a felony, five years

   Article 7.06 says that if as a consequence of violating Articles 7.01, 7.02 or 7.03 a driver causes grave bodily harm to a human being, they commit a felony with five years’ imprisonment, a fine of not less than one thousand dollars nor more than five thousand and restitution. Note the difference from the previous article: here the fine is not an alternative to jail, it goes with it. Licence suspension is for a term of not less than two years nor more than seven.

4. 4

   Step 4: What counts as “grave bodily harm”

   Article 7.06 itself defines it, and the definition decides which tier a case falls into. For the purposes of this Act, grave bodily harm means harm resulting in physical or mental incapacity, whether partial or total, temporary or permanent, that severely affects a person’s physiological, physical or mental functioning. It also includes bodily harm involving a substantial risk of death, loss of consciousness, extreme physical pain, prolonged and obvious disfigurement, or prolonged loss or impairment of the function of a bodily member, organ or mental faculty.

5. 5

   Step 5: If it causes death: a fixed fifteen years

   The final paragraph of Article 7.06 says it in a line: if as a consequence of violating Articles 7.01, 7.02 or 7.03 a driver causes another person’s death, they commit a felony and shall be given a fixed term of fifteen years’ imprisonment. “Fixed term” means the Act gives no range.

6. 6

   Step 6: The Victim Impact Panel, and the licence

   Both articles impose appearance before a Victim Impact Panel Programme coordinated by the Traffic Safety Commission in collaboration with community-based, non-profit or private organisations. In Article 7.05 the Court imposes it on a first offender under that article, and the text prints no cost cap; in Article 7.06 the Court imposes it and the cost shall not exceed fifty dollars. In both, whoever shows inability to bear the cost is subject to community service hours in lieu of payment, and in both, filing evidence of participation with the Court is “an indispensable condition for the return of their driving licence”.

7. 7

   Step 7: A suspended sentence is not on the table

   Worth saying, even though it comes from articles we did not read for this guide. Article 7.08 of this same Act excludes convictions under Article 7.06 from the benefit of a suspended sentence, and the general exclusion list of the Suspended Sentences Act also excludes anyone who, violating Articles 7.01, 7.02 or 7.03, caused grave bodily harm or death. Both are covered in other guides in this library from their own sources; here we only point to where they are.

The case is brought by the prosecution before the Court of First Instance, which passes sentence, orders restitution and sets the licence suspension term. The Victim Impact Panel is coordinated by the Traffic Safety Commission. Suspension and return of the licence are carried out by the Department of Transportation and Public Works, and the Panel evidence is filed with the Court.

• Believing the harm case replaces the drink-driving one: both articles say it does not preclude another proceeding on the same facts.
• Confusing bodily harm with grave bodily harm: the first is three years, the second five and a felony.
• Thinking grave bodily harm is defined by hospital days: the Act defines it by the severity of the functioning affected and by a list of concrete outcomes.
• Assuming loss of consciousness does not count: it is named in the definition.
• Believing the fine replaces jail in Article 7.06: there they go together, unlike 7.05 where the court may choose.
• Forgetting restitution: both articles impose it.
• Thinking the licence suspension is the same in both: it is one to five years in 7.05 and two to seven in 7.06.
• Assuming the term for death has a range: it is fifteen years, a fixed term.
• Believing the injured person must be in another car: the Act says “another person” and “a human being”, without that condition.
• Counting on a suspended sentence in a grave bodily harm or death case: it is excluded.
• Expecting the licence back without the Victim Impact Panel: evidence of participation is an indispensable condition.

These are the government pages this guide is based on.

• Departamento de Transportación y Obras Públicas (DTOP)

  DTOP

  bvirtualogp.pr.gov