Penalties for Driving Under the Influence
2024-04-14
Editorial note: This article cites specific statutory fine amounts, prison-term ranges, and license-suspension periods. Such figures are periodically revised; this article should be reviewed by a member of our legal team and the figures verified against current law before publication.
Under Islamic law, the consumption of alcoholic beverages is prohibited under all circumstances. Driving under the influence, in addition to being a traffic violation, is also a separate offense under the criminal laws. This rule is not unique to Iran; in every country, driving in this condition carries a penalty, and persons may not lawfully drive while intoxicated or while not in a normal state. Driving in an abnormal, intoxicated state carries two types of punishment: first, the punishment for consuming alcohol (shorb-e khamr), and second, an aggravated traffic-offense punishment. Specifically, a person who drives while intoxicated, in addition to the eighty lashes prescribed as a hadd punishment, will also be sentenced to the aggravated driving punishment under Article 718 of the Ta'zirat (Deterrent Punishments) chapter.
The Alemohamad Law Office, with licensed attorneys of the bar, is available to advise you on penalties for driving under the influence and on diyeh payment, its amount, and its payment deadline. Contact us.
Punishment for Intoxication and Alcohol Consumption
Under Articles 246 and 265 of the Islamic Penal Code, consumption of any intoxicant or alcoholic beverage is recognized as a Sharia offense and carries a punishment. Under the law, the punishment for this offense is eighty lashes.
Driving While Intoxicated
If a driver commits an offense while intoxicated but the offense is not accompanied by a collision, they will be sentenced for the traffic violation and for the offense of consuming alcohol. Likewise, if the driver causes a collision while intoxicated, they will be sentenced for the traffic violation, the offense of consuming alcohol, and the offense of causing unintentional injury. However, if the driver does not cause a collision or commit any other offense while intoxicated, their punishment is lower than in the other scenarios. In that case, the person will only be punished and fined for consuming alcohol. The amount of this fine is 400,000 tomans in cash, and the driver's license is impounded for six months. If the person also commits a traffic violation while intoxicated -- for example, speeding or unauthorized passing -- they will also be fined for those violations.
Driving Resulting in a Collision While Intoxicated
If a driver causes a collision while intoxicated, in addition to being sentenced for the offense of consuming alcohol, they must also pay compensation. If the collision results in injury or bodily harm to another person, the punishment for the intoxicated driver is greater than for other persons. In that case, the person must pay diyeh, the amount of which will be determined by the forensic medicine organization. In addition, a sentence of imprisonment is also possible. This term of imprisonment may be between 100 and 150 days, to be determined at the judge's discretion. If an intoxicated driver causes a collision resulting in another person's death, imprisonment is likewise prescribed for them. This case is treated as unintentional killing (qatl-e gheyr-e amd), and, under Articles 714 and 718 of the Ta'zirat chapter (adopted 1996) of the Islamic Penal Code, the driver is sentenced to more than two years' imprisonment. Under the law, this person must be sentenced to more than two-thirds of the term of imprisonment prescribed by law -- that is, between two and three years. The judge may also disqualify a driver who drove and caused a collision while intoxicated from driving for between one and five years. If demanded, the person must pay the deceased's diyeh to the next of kin.
Whether Insurance Covers an Intoxicated Driver
Third-party (shakhs-e thaleth) insurance is legally required to pay damages arising from collisions under all circumstances. Driving without a license or while intoxicated does not change this, and third-party insurers remain obligated to pay the insurance benefit. Under the law, in the following cases, the insurer is required to pay the injured party's damages unconditionally, and may afterward pursue legal channels to recover all or part of the amount paid from the person who caused the damage:
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Where the at-fault party's intent in causing the accident is proved before the judicial authorities.
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Driving while intoxicated, or under the influence of narcotic or psychotropic substances that contributed to the occurrence of the accident, as confirmed by the police, forensic medicine, or the court.
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Where the at-fault driver does not hold a driver's license, or their license is not appropriate for the type of vehicle.
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Where the at-fault driver has stolen the vehicle or is aware that it is stolen.
Furthermore, in the event of a dispute between the insurer and the at-fault party, proof of the above matters will take place before the competent judicial authorities.