Revocation of a driver's license for drunkenness in 2021

Driving while intoxicated is one of the most serious traffic violations. Law dated July 23, 2013 No. 196-FZ defines the standard for the presence of alcohol at 0.16 ppm in exhaled air; driving under the influence of drugs or medications that affect consciousness is also prohibited. This indicator is the sum of all possible errors when measuring the level of intoxication with a breathalyzer in 2021, so essentially nothing has changed from “zero ppm” to 2013: drinking and driving is still prohibited, and a tolerance of 0.16 was introduced to reduce false positives .

The procedure for deprivation

After stopping the car, the inspector must introduce himself and present his identification. The driver's documents are checked, and the policeman decides whether the driver is drunk based on the following factors (by order of the Ministry of Health dated June 15, 2015 No. 344n):

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• smell from the mouth;
• the driver has poor standing;
• facial redness;
• slurred speech;
• trembling fingers;
• inappropriate behavior.

Any of these signs is sufficient grounds for testing the driver with a breathalyzer. Remember that the inspector may be punished for illegally stopping a car, so the reason must be in the protocol.

According to the new traffic police regulations, which came into force in October 2017, the driver in 2021 must get out of the car upon first request. If signs of alcohol or drug intoxication are detected, the inspector draws up a protocol removing the vehicle from driving. The document is drawn up in the presence of two witnesses or with a video camera, the latter is permitted under paragraph 40 of Order of the Ministry of Internal Affairs No. 664 dated 08.23.17. The document contains information about the time and place of the incident, information about the driver, inspector and vehicle, the reason for the suspension, after review, two copies are signed by the driver and the inspector.

The police officer must give a copy of the report on the suspension of driving to the driver.

Then an inspection report is drawn up with a breathalyzer test. Testing with the device in 2021 is carried out only after drawing up a protocol for suspension from driving a car! Failure to comply with the order is a gross violation, which you can appeal both on the spot and at a court hearing. After a double test for drunkenness followed by deprivation of rights with an interval of 20 minutes, the results are entered into the report (intoxication established or not established, refused to pass). The document is copied in triplicate for the driver, the inspector and the medical organization, and is recorded with the signatures of all those involved, including attesting witnesses. In 2021, at the driver’s request, a drunkenness test can be carried out at the nearest medical center, to which an inspector will take him.

On July 3, 2021, with the entry into force of Federal Law No. 62, the note to Art. 12.8 of the Code of Administrative Offenses of the Russian Federation, thus new rules for medical examination of a motorist came into force. The basis for recognizing a driver as drunk is now the alcohol content not only in the exhalation, but also in a blood test at the rate of 0.3 g per liter of biomaterial.

If driving while drunk is confirmed or the driver refuses to be examined, then according to 27.13 of the Code of Administrative Offences, the car is evacuated to an impound lot. You can avoid evacuation if there is a person within easy reach with a power of attorney for the car and a driver’s license.

How is alcohol intoxication determined?

Few people know that an employee of the State Traffic Inspectorate must initially determine the driver’s condition visually, taking into account several parameters presented in clause 227.1 of the Administrative Regulations. According to this paragraph :

1. The first step is to determine whether the driver smells of alcohol.
2. The stability of the posture is being checked.
3. Speech disorders are checked.
4. A change in the color of the skin on the face may also indicate that you have drunk alcohol, so if your face is very red, this may be a reaction to alcohol.
5. Behavior that is inappropriate for the environment can also be a sign of intoxication.

Any of the above criteria would trigger an officer to test the driver with a breathalyzer. However, before the survey, the inspector must:

1. 
   Remove the driver from driving and record this in the protocol.

2. Find two witnesses who will observe the entire process.
3. Make sure the device is working properly.
4. Explain how to use the device to the driver.

The inspector must conduct a breathalyzer examination in compliance with all the conditions of the procedure, and record the results in the protocol.

Reference! If the driver refuses the check, he will be sent to a medical facility, where he will no longer be able to refuse, otherwise he will also be deprived of his license.

After receiving negative results, the driver will be released, but if the results are higher than the norm, the driver will face deprivation.

How to behave if you are deprived of your license for drunkenness in 2021?

Remember that the inspector, when examining and drawing up a protocol on deprivation of rights for drunkenness in 2021, is required to follow a standard procedure, all violations and technical errors of which are automatically considered in your favor. Be sure to clarify exactly how the degree of intoxication was determined. If only one or two symptoms are present, this gives an additional chance of avoiding loss of rights later in the courtroom. Any mistake by the inspector can work on your side.

It is recommended to refuse to sign only if you disagree with the results of the on-site examination. You can also refuse a medical examination for drunkenness, but you should not do this - refusal of a medical examination is equal to an admission of guilt with an additional penalty of deprivation of rights. Insist on a second measurement with a breathalyzer before signing the last protocol - inspectors sometimes ignore the second measurement, entering the same data, whereas in borderline conditions the result may change in your favor in 15-20 minutes.

In 2021, only driving while drunk is considered a violation; drinking alcoholic beverages and being in a car while drunk is not prohibited. In some rare cases, when the approach of a traffic police patrol is visible from afar, and a check is almost inevitable: you can stop the car and turn off the engine. If the check does not take place on the highway or in the middle of an open field, the police will additionally have to prove that you were driving and did not come in to warm up or pick up the keys.

Early return of driver's license

The laws do not provide for early return of driver's licenses for this type of offense. But this does not mean that nothing can be done. A court decision can be challenged if violations were committed by law enforcement agencies in the process of registering an offense.

A rights restitution lawyer will help you find and use such chances. You can contact him for your first free consultation directly from this article by entering your question in the form below.

Permissible alcohol limit while driving in ppm in 2021

At the beginning of 2021, the limit norm has not changed - 0.16 ppm. The Russian Ministry of Internal Affairs is considering a bill to double this indicator to 0.3 ppm, but for now the 2013 norm is still in effect. Remember that if you take a blood test, the reading will be higher than when you exhale: 0.16 ppm in the air roughly corresponds to 0.35 ppm in the blood.

Below are products that can cause a false positive in the breathalyzer and lead to the loss of your license for drunkenness:

Unlike “real” alcohol, grocery alcohol is absorbed faster - already half an hour after lunch the breathalyzer will not show anything.

Ethyl alcohol is excreted at a rate of approximately 0.1 ppm/hour. We have calculated how long it will take for 100 g of alcoholic drinks to be excreted in the table below.

The level of intoxication also depends on body weight and gender: women with the same weight get drunk 10-15% faster than men, and a weight of 110 kilograms will allow you to drink 100 g of vodka and meet the 2021 breathalyzer standard in an hour and a half, while a 50-kilogram driver will need about three hours.

Using a car without a license

How to drive while deprived of your license? Some car owners cannot give up driving, so they use the car even without a driver's license. In this case, they simply hope that the traffic inspector will not stop them. How to drive if your license has been revoked? To reduce the likelihood of a car being stopped by a traffic inspector, it is recommended to take into account certain rules and features. How to avoid getting caught without a license? The nuances are taken into account:

• Violating the speed limit is not allowed.
• It is recommended to stay in the left lane.
• No rules are violated while driving, so signs, markings and other elements on the road are taken into account.
• If the traffic inspector stopped the car without any violations, you should first inquire about the reason for the stop. Since if it is missing, the driver may refuse to provide the document. Moreover, such actions often lead to the fact that the traffic police inspector releases the car owner without checking the license.

If the traffic inspector insists on obtaining a license, you will have to admit that you do not have one. This will lead to the imposition of additional punishment, and often the term of imprisonment will be increased altogether.

Driver's rights upon revocation of a driver's license

When stopped, detained, and attempting to revoke a license for drunkenness in 2021, the driver has a number of options that he can use when communicating with the traffic police patrol.

Since September 1, 2013, according to the same law No. 196-FZ, a traffic police inspector cannot confiscate a driver’s license . If previously a police officer on the spot confiscated a document and issued a temporary license, then in 2021 the driver must hand over his license to the traffic police department within three days.

Based on Article 24 of the federal law, as well as Article 25.1 of the Code of Administrative Offenses, the driver has the right:

• request a certificate from a traffic police officer;
• find out the reason for the stop;
• file a complaint for compensation for damage caused by the actions of inspectors;
• use legal assistance;
• do not testify against yourself, do not sign anything you disagree with;
• appeal the actions of inspectors;
• read all documents;
• get free help in case of an accident.

The inspector is obliged to accompany the driver for a medical examination at his request. The law provides for the right to an examination, the results of which have absolute priority.

A breathalyzer test for drunkenness with subsequent deprivation of rights in 2021 is performed twice, with an interval of 20 minutes. Follow the records in the protocol; often inspectors simply do not take a second sample or give the same results. If the first test did not show anything, the second one is not carried out. Examinations are carried out in the presence of two witnesses or must be filmed on video camera.

You have the right to request documentation about testing the breathalyzer before using it - if there is no certificate or mark in the device’s passport, you do not have to carry out the procedure on this device. The tube is disposable and should only be unpacked under the supervision of the driver to avoid substitution. If the inspection is carried out before the driver is removed from driving the vehicle, the inspector’s actions can also be appealed in court.

Finally, in 2021, you have the right to refuse a drinking test, but doing so is tantamount to admitting guilt. This should only be done in case of gross violations by traffic police officers, which deprive the sample of its legitimacy.

What do you need to receive documents in advance?

Many people know that it is impossible to return a license after half a term that was taken away for driving “under the influence”. This statement is partially true, since lawyers have found ways out of this situation, and it is possible to obtain a driver’s license ahead of schedule, subject to certain conditions. More on this below.

According to the law, the inspector of the State Traffic Inspectorate does not have the right to deprive the driver of a driver’s license; he can only draw up the necessary papers (detention protocol and the results of a medical examination, if it was carried out on the spot). The relevant papers are sent to the court, which makes a decision to deprive the driver of the right to drive the vehicle.

It was this fact (drawing up papers) that the lawyers turned their attention to. If the documents drawn up during the arrest were drawn up with errors (which very often happens, especially at night), then the driver can declare them falsified (Article 311 of the Administrative Legal Code of the Russian Federation), and if recognized by the court as such, achieve full excuses. An error in just one letter or number indicated in the protocol of detention or medical examination gives grounds for recognizing such a document as falsified (invalid).

State traffic inspectors most often make mistakes when filling out the following data:

• passport details of witnesses (witnesses);
• place, time and date of detention and registration;
• vehicle data (series, number, registration plate);
• personal data of the driver (violator);
• an article providing for an offense (very often the wrong article is indicated, but a different one is automatically prescribed);
• state of the road situation (described incorrectly or simply ignored by the inspector).

Important! Do not agree with the protocol of the offense, even if it is drawn up without errors. Such a document is signed indicating the following phrase: “I do not agree with the protocol,” and the driver’s signature is affixed. In court, you will be able to explain the reason for your disagreement.

If you decide to fight for your driver’s license, then the best option would be to hire a competent lawyer who is competent in these matters. Such people know what to pay attention to if they have been deprived of their driver’s license, how to return it early, they will quickly analyze the current situation and study the documents drawn up by the inspector. In our country, traffic police inspectors have rather low legal literacy, and very often make mistakes and inaccuracies when drawing up protocols. Therefore, the chance of not giving up your rights is very high if you act wisely.

If the court makes a guilty verdict against the driver, he will have ten days to appeal the verdict to a higher authority. Stand by your point of view that the documents were falsified and you are absolutely not guilty.

Driver Responsibilities

The driver, in turn, is obliged to immediately stop the car, present documentation for the vehicle and hand it over to the inspector upon request. Fastening documents or in any other way interfering with a traffic police officer’s familiarization is prohibited by the new regulations of October 20, 2017; this is considered disobedience to the orders of an official. Also, at the suggestion of the policeman, the driver is required to undergo a breathalyzer test or undergo an examination at the nearest doctor; refusal in 2021 is an admission of guilt with deprivation of rights for drunkenness.

The police officer has the right to demand a test for intoxication at a medical institution, even if the readings from the device are negative. Based on the results, the inspector draws up an inspection report and a protocol, describing in the first the driver’s condition and test results, and in the second recording the reasons for stopping with a ban on driving the vehicle.

If the driver has not passed the examination, he can no longer drive the car at the moment; this is a gross violation of the rules with subsequent deprivation of his license. The car is towed to the impound lot.

Actions of a traffic police inspector when stopping a drunk driver

To consider possible actions in detail, we first point out the necessary steps of the inspector from the point of view of the logic of what is happening. In order for a recorded offense to have a legal appearance, a traffic police officer must guide the suspect through several main stages:

1. Vehicle stop.
2. Reasonable suspicion that the driver is drunk.
3. Removal from management.
4. Initial breath alcohol test.
5. Under certain circumstances, analysis of biomaterial in a medical institution to determine the presence of alcohol or other prohibited substances in the body.

These five main steps must be remembered well, because... It is around the design of each of them that all further explanation will be built.

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Dmitry Konstantinovich

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The exact sequence of these steps is important. Failure to comply with the standards may lead to the recognition of the actions of a traffic police officer as unauthorized, which means that his decision to remove him from driving or confiscate a vehicle or driver’s license is also unauthorized.

Waiver of medical examination in 2021

Medical examination is a doctor’s check for intoxication, to which the driver has the right in the event of refusal or disagreement with the results of a breathalyzer test, as well as in controversial cases at the discretion of the inspector. The procedure is regulated by paragraph 2.3.2 of the Traffic Rules. It is important to know that:

1. Even if a driver refuses to undergo an examination, he can avoid deprivation of his license for drunkenness in 2021 if he proves in court that the reasons for the refusal are valid.
2. Illegal actions of an inspector or traffic police patrol make their inspection requirements void from the point of view of the law.
3. Violation of the driver's rights must be recorded by witnesses or a video camera. If the driver does not have evidence of the illegality of the traffic police’s actions, the court will by default take the side of the inspector.
4. The examination is carried out by order, unauthorized passage is considered disobedience to the order of the official.

Refusal to undergo an examination in a medical institution without a good reason is considered by the administrative code (Article 12.26) as a gross violation ; in 2021, it is punishable by deprivation of rights for drunkenness for a period of 1.5-2 years and a fine of 30 thousand rubles. Repeated refusal of examination is punishable by arrest for 15 days, with mitigation for women with children, pregnant women and disabled people - they will have to pay a fine of 30 thousand rubles.

In 2021, changes are planned to make the punishment more severe: the fine will increase to 35 thousand, and the deprivation of rights will be fixed for two years.

How long is your license deprived of for the first time if you are intoxicated?

The norms of Article 12.8 of the Code of Administrative Offenses provide that the punishment for driving while intoxicated, if the person committed the offense for the first time and there were no criminal consequences (death or injury to victims as a result of an accident), will be as follows:

• deprivation of rights for 1.5 - 2 years;
• a fine of 30,000 rubles.

Note that sanctions are not applied selectively, but simultaneously. Many inexperienced drivers assume that the court will have the opportunity to ask not to deprive them of their driver’s license, but only to award a fine, but this is not the case. The main objectives of such severe punishments are as follows:

• reducing the level of accidents on Russian roads;
• education of civil responsibility of road users;
• demonstration of the inevitability of punishment for the offense committed.

Medical examination

A referral for a medical examination is issued in the presence of witnesses or using video recording. It is carried out in a regular clinic or mobile point in accordance with Article 27.12.1 of the Code of Administrative Offences, the main requirement is that the medical institution has a license that allows the examination of drivers. Both narcologists and paramedics are allowed to work in rural areas.

The driver's condition is determined by a breathalyzer, just like the police. In controversial cases, the doctor will take tests (blood and urine), and record the results in the examination report. The doctor’s verdict takes precedence over the inspector’s opinion ; if the doctor finds the driver sober, the case is closed without going to court, and the inspectors are obliged to deliver the driver to the car.

By Order of the Ministry of Health No. 933n dated December 18, 2015, a refusal to undergo treatment is recorded by a health worker in the following cases:

1. The driver’s complete refusal to take the drunk test.
2. Refusal to be examined by a doctor or undergo tests.
3. Falsification of exhalation.
4. Substitution of urine sample.

The conclusion can be appealed in a private clinic. Tests must be taken as quickly as possible, within an hour after examination at a public clinic. If a second quick check shows the driver’s sobriety, the chances of acquittal in court greatly increase.

Legal ways

If you have been deprived of your license, how can you drive without violating the law? There are some legal ways to use a car to get around. These methods include:

• Using a taxi. This method is expensive and rarely used, but if a citizen urgently needs to get to some place, then calling a taxi is considered the ideal solution.
• Delaying the deadline for handing over the certificate. The period of deprivation of rights begins from the moment the certificate is provided to employees of a specific traffic police department. If the rights are not transferred to storage for a long period of time, then they are valid, so they can be used, but the period of deprivation of the certificate will not begin. But literally in a month the motorist may be put on the wanted list.
• Going on a business trip. If a citizen uses a car for work, he can prove through the court that he cannot remain without a license for a certain period of time. It is advisable to take a document at the place of work confirming that the citizen must go on a business trip in his own car. If the need for the document is proven in court, the judge may postpone the trial for 15 days. If the traffic police officer who compiled the protocol is not present at the meeting at all, then this period may increase. But after a set period of time, you will still have to give up storage rights.

If you know how to drive a car if you have been deprived of your license, then you can use legal methods to delay the moment when a citizen loses his license. But all these methods are temporary, so most car owners use special tricks that allow them to drive a car without a license.

Inspector rights

The main list of police rights when interacting with a driver when stopped due to drunkenness or drug intoxication in 2021 looks like this:

• demand documents for verification, if necessary, ask the driver to get out of the car;
• suspended from driving with the issuance of a protocol;
• conduct a breathalyzer examination or accompany you to a medical facility for examination;
• detain the vehicle, in extreme cases - together with the driver.

The inspector has the right to arrest the driver for disobeying reasonable orders. During the examination, he may doubt the results of the tester and send the driver for examination. But traffic police officers do not have the right to confiscate documents and collect fines; their task is to notify the driver of the violation and issue receipts; in cases strictly specified in the instructions, a ban on the use of the vehicle and detention are possible.

From October 20, 2021, by order of the Ministry of Internal Affairs of Russia dated August 23, 2017 No. 664, a new regulation is in force for traffic police officers:

1. The inspector has the right to slow down drivers anywhere based on the order of the boss indicated in the route map. You can find out whether a patrol should be at a particular point by calling the traffic police duty station. Previously, this was prohibited outside of stationary posts, and the driver could evade responsibility simply by specifying on what basis he was being detained outside the traffic police post.
2. “Ambushes” are allowed: a traffic police vehicle can be camouflaged using the terrain while continuously filming.
3. Inspectors not only have to film the driver, but also use private technical equipment belonging to the municipality for this purpose.
4. It is prohibited to fasten and hold documents, which was previously used to complicate verification. When securing a license with a metal chain, the inspector has the right to demand that it be unfastened.
5. The inspector may prohibit filming with a video camera. Refusal leads to prosecution under an article of the administrative code, a fine of up to a thousand rubles or administrative arrest for fifteen days.
6. The driver is obliged to get out of the car at the request of a traffic police officer, without exception. He must also get into a patrol car at the reasonable request of the inspector.

Is it possible to drive a car without a license?

Many drivers think about how to drive if their driver's license has been revoked. Driving a car without a driver's license is a serious offence. Deprivation of rights is ordered exclusively by the court, after which the document is confiscated from the citizen for a specified period of time.

The license is located in a specific traffic police department, so you are not allowed to drive the car. But even under such conditions, many drivers use certain tricks through which they drive cars without being held accountable.

Where will the car be delivered if your license is revoked for drunkenness?

When detained, the car is evacuated to the nearest impound lot; in the future, everything that happens to the car is regulated by Article 27.13 of the Administrative Code and amendments to it. A traffic police officer has the right to call a tow truck even in the absence of the driver, filming the evacuation on camera or conducting it in the presence of witnesses.

Make sure to fill out the protocol: it must indicate the characteristics of the machine, a description of the equipment and problems. In case of negligent towing or breakdowns due to the fault of the traffic police, you can receive compensation.

You can find out at which impound lot the car is located in a copy of the arrest report. The inspector is obliged to issue a document to the driver if the evacuation was carried out in his presence: the protocol indicates the department of the state traffic inspectorate that made the arrest, as well as the location of the impound lot.

If the car was towed without a driver, information about the detention can be obtained from a centralized database at any traffic police duty station.

Procedure for deprivation of rights

Traffic police inspectors monitor compliance with traffic rules at stationary or mobile observation points on the roads. If a vehicle is identified whose driver exceeds the maximum permissible speed or displays other inappropriate signs when driving a vehicle. A traffic police officer has the right to stop a vehicle. We emphasize that you cannot brake a vehicle without good reason.

Algorithm of actions for an employee after stopping a vehicle:

• approach the driver;
• ask him to open the window;
• introduce yourself and show your identification;
• ask for documents for verification (licence, compulsory motor liability insurance);
• carry out the examination procedure (described in detail below);
• draw up a protocol in two copies and the results of the breathalyzer test - in 3 copies;
• confiscate the license and vehicle and direct the car to the impound area;
• send the protocol to the court to make a specific decision in accordance with the norms of current legislation and the severity of the driver’s act.

How to pick up a car from a parking lot?

You can pick up a car from an impound lot if your license is revoked for drunkenness in 2021 in four steps.

1. Eliminate the reason for the detention. If your license has been revoked for drunk driving, write out a power of attorney to a family member or friend.
2. Take the arrest report. When evacuating a car, a protocol must be handed over to you in your presence; if you do not have one, contact the duty officer of the traffic police department who carried out the arrest.
3. Obtain written permission from the traffic police department to remove the car from the impound lot.
4. Pick up your car from the impound lot.

The traffic police duty station operates 24 hours a day, seven days a week. You can pick up the car at any time; in case of delay or refusal, file a complaint with the internal affairs authorities.

How can you win in court?

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

• Use the online chat in the lower corner of the screen.
• Call: Federal number: +7 (800) 511-86-74

The basic principle behind a winning strategy in such cases is as follows.

Cases related to the revocation of a driver's license for driving a vehicle while intoxicated can be legally won by resorting to the following rules:

• Pay special attention to how legal the actions and procedures performed by the IDPS were. Every step, an unfilled column, an unsigned witness (etc.), committed by an inspector in violation of norms and procedures - these are the building blocks of your victory in court. To do this, you will need to study all these procedures thoroughly.
• Pay attention to inconsistencies in dates, times, location descriptions, and other formal elements of the case file. It often happens that something is missing or done after the fact. Traffic police inspectors are people too and can make mistakes.
• Talk to witnesses. Perhaps you can find support in them. (In principle, make sure at least that the witnesses indicated in the protocol are exactly the people who were at the scene)
• And many, many other nuances and subtleties.

Often, even after finding enough reasons to “close the case,” the court makes a decision not in favor of the driver. You also need to be aware of this. And, if you decide to fight, then you need to go to the bitter end.

So let's look at our problem step by step. There are often cases when people are registered who did not even drive the car. They just approached her or under other circumstances. For such cases, this plot will be quite useful.

How to challenge the revocation of a driver's license for drunkenness?

You can begin to challenge the deprivation of your license for drunkenness by filing a petition with the traffic police. The application in 2021 must be substantiated, with evidence of violations by the inspector when preparing documents or conducting a procedure.

If the application is rejected, the case will be heard in court. The decision of the city court can be challenged in the district and regional within 10 days after receiving the decision. To challenge the deprivation of rights, you should choose a line of defense; three directions are most often used.

The first is an independent examination. Used when the inspector and the clinic doctor have confirmed intoxication. For a successful defense, it is necessary that the examination be quick (no later than an hour or two after the state), with a blood test taken, the clinic must have a special license.

The second is the illegality of the employees’ actions. Any errors or illegal actions will be interpreted in your favor. For example, if an employee’s protocol is filled out incorrectly, it becomes invalid and is not considered a document by the court.

Third, there is evidence that the car was not going anywhere. If the car is on the side of the road and not involved in traffic, driver intoxication is not a violation.

At the stage of re-appeal, it is recommended to contact a lawyer, who will help you formalize the case and find new nuances in it that were missed by the lower court.

What can you do before the court to protect yourself from deprivation?

After the traffic inspector has drawn up and sent the report to the court, which takes 15 days to review, then the date for the hearing is specified. If the offender has not received a summons to court, this does not mean that the meeting will not be held and the driver will not face deprivation of his license for alcohol intoxication. In order not to miss the deadlines for the trial, you must independently find out the date of the trial, otherwise it will become impossible to challenge the offense and avoid punishment. Information about lawsuits related to road accidents is posted on the website of the State Traffic Inspectorate, where you must enter data from your driver’s license.

What to ask the court for if a medical examination took place

• witness statements, if any;
• a copy of the medical institution’s license;
• a list of employees who are obliged to store containers with tests, as well as a petition to invite these persons to court;
• order of the head physician for permission to collect blood (if such a procedure was performed) by a health worker;
• admission of the physician who conducted the examination;
• documents on sealing flasks with urine and blood.

What to apply for if you were only tested for alcohol on the road

To prove your case and avoid punishment in the form of deprivation of your license due to driving while intoxicated, you should request permission to:

• obtaining testimony from witnesses from the driver's side;
• calling a traffic inspector who conducted a breathalyzer;
• calling witnesses who participated in the examination;
• attaching video recordings to materials if the driver filmed a conversation with traffic inspectors;
• documents for the device used to test alcohol concentration.

Consequences of deprivation of a driver's license

Driving while intoxicated is the most serious possible administrative traffic violation. Punishments are regulated by articles 12.8 and 12.26 of the Code of Administrative Offences. For the first violation of rights, rights are deprived for a period of 1.5 to 2 years, for repeated violations - up to 3 years . The period begins to run from the moment the rights are transferred to the traffic police after the decision is made; if you evade surrendering your rights, the punishment is not considered completed. The certificate is returned only after completion of the punishment and passing the exam at the state traffic inspectorate.

The term of serving the sentence cannot be reduced: amnesties are not provided. Driving with a confiscated license is an aggravating circumstance and is punishable by an additional detention of up to 15 days. Driving while intoxicated while your driver's license is already suspended will result in criminal penalties.

How to find out when the period of deprivation of rights begins and ends

Find out from the traffic police when the driver surrenders his license. The period expires only from the moment the driver hands over his license to the traffic police. The document will indicate the date when the term begins.

View on the traffic police portal. Open the “Driver Check” section. Enter the license number and date of issue.

Based on the results of the check, you will receive the date from which the period of deprivation begins and the period itself.

Source: autotonkosti.ru

Where can I get information about my rights if they have already been confiscated? If the inspector already has your license and you don’t remember its number and date of issue, the data can be found on the State Services website. Click on your name in the upper right corner of the site and go to the “Documents and Data” section, select “Transport” there.

Next, find the “Driving Documents” section. It will contain information about rights.

The ID number is visible and the date can be easily calculated. Rights are issued for 10 years - from the “Valid until” date, subtract 10 years and get the date of issue. The picture above shows the date 07/03/2028 - subtract 10 years and get 07/03/2018.

Now you have the date and license number in your hands - enter this information on the traffic police portal in the “Driver check” section.

Revocation of driver's license for drunkenness for the second time

Repeated disqualification for drunk driving in 2021 refers to the punishment of the driver within a year after the previous violation. This violation can be considered both by the administrative code (Article 12.8 of the Code of Administrative Offenses) and by the criminal code (Article 264.1 of the Criminal Code) . Repeated gross violation will result in:

• withdrawal of rights for a maximum period;
• a fine of up to 300,000 rubles or recovery of part of earnings for 1-2 years;
• forced labor up to 480 hours;
• ban on holding certain positions, up to one and a half years;
• criminal liability for up to 2 years.

The determination of punishment depends on the consequences of the offense and mitigating circumstances. Before making a decision, it is recommended to collect certificates of exemplary behavior from the place of work and the local police department, as well as letters, certificates, and positive characteristics.

What changed in 2019-2020

Starting in 2021, the consequences for drunk drivers will become slightly stricter. If a driver (who has already been deprived of his license once) refuses to be examined or people die due to his fault, then he faces a minimum of 4 years in prison and a fine of 300,000 rubles. The new amendments establish a prison term of up to 7 years and a ban on holding certain positions for 3 years if 1 person is killed. In case of death with 2 or more people, the punishment will be up to 9 years + restrictions on conducting certain activities.

Those who fled the scene of a fatal accident will receive a sentence of up to 9 years in prison. In all these cases, drivers will not have a chance to receive early release, and after the expiration of the term, they are prohibited from being hired as a driver.

In 2021, the legislation regarding drinking and driving has not changed; the same rules apply.

Can my license be taken away for life?

Yes and no. Although the period of deprivation of rights is limited to 3 years, in the judicial practice of the Russian Federation, the addition of punishments is used. As a result, in case of particularly malicious violations, the court may consider them as several different ones, adding up the punishment for a term of 10 years or more.

In March 2021, the example of street racer Mara Baghdasaryan became widely known, who was deprived of her rights for life for repeated participation in street racing, failure to pay fines and the use of fake documents, having satisfied the claim from the prosecutor's office.

Sample application to the traffic police for the return of rights

The application form can be obtained from the traffic police department or downloaded from our website below.

statements

When filling out (manually or on a computer), you must provide the following information:

• name of the department of the State Traffic Inspectorate;
• personal information (full name, date and place of birth and other passport data);
• the essence of the appeal, indicating the number of the court order;
• list of documents (if attached);
• series and number of the seized driver's license;
• SNILS;
• phone number;
• Email.

Getting your driver's license back after being revoked for drunkenness

You can return your license after being deprived of your license for drunkenness in 2021 in the same department of the traffic police that made the confiscation, after the end of the sentence. To return, the driver will have to pass a theoretical test on knowledge of the rules, and also be required to pay all outstanding fines before the traffic police .

The procedure for returning rights is as follows:

1. Submit an application to the MREO for the return of rights.
2. Find out the scheduled date and time for the test.
3. Perform the test and receive a certificate of a positive result.
4. Come to the traffic police with a package of documents at the end of your sentence.

The rule knowledge test can be completed in advance, after half the term has expired. In content, it is similar to the exam for obtaining a license, with the absence of questions on psychology, medicine and knowledge of the administrative code. The test consists of 20 questions with a pass rate of 90%, with a time limit of twenty minutes. If you fail, you can retake the exam after seven days.

When returning a license, the driver is required to have a passport, a copy of the court order on deprivation, a certificate of passing the exam and a medical certificate with a current validity period, as well as mandatory notes from a narcologist and a psychiatrist.

If you are deprived of it for drunkenness, how do you get a medical certificate?

This is the most time-consuming and costly (not counting the amount of fines to be paid) process when returning a driver after deprivation of the right to drive. It is better to set aside one whole day for this (at least a few hours, most likely it will take you).

Deadlines

The legislation does not provide any direct restrictions on the time frame for obtaining a medical certificate. But remember about the validity period of the certificate itself. It is 1 year from the date of its receipt. Therefore, if you passed a medical examination more than a year before the date of return of your license, you will have to make a new medical certificate.

We have a separate article on the time frame for obtaining a medical certificate in case of deprivation of rights.

Rules

You can undergo a medical examination in any city, not necessarily at your place of registration. But there is an important subtlety: often employees do not accept certificates if you have been to a psychologist or a narcologist in another region - supposedly you need to go through them at your registered address. The law does not oblige this, but in practice such a condition may be imposed. Therefore, if you are not sure that you can defend your right, then it is better to get a certificate from your registration address.

The medical report must be issued in a special form 003-VU.

As part of the medical examination as a condition for the return of your driver's license after the expiration of the period of deprivation, you will undergo the following doctors:

• psychiatrist,
• psychiatrist-narcologist,
• therapist,
• Laura,
• ophthalmologist,
• neurologist,
• as well as in the direction of one of the above doctors: neurologist,
• doctor who will give you an electroencephalography.

Nuances and features of the procedure

In 2021-2022, the trend is to tighten penalties for violating traffic rules. Inspectors have increased rights and opportunities, and fewer and fewer court decisions are made in favor of drivers every year.

A possible amnesty at the end of 2021 was also once again rejected, with no statements made by officials in this regard. You shouldn’t delay paying a fine or surrendering your license because of amnesty rumors; they arise every year after any significant event.

Remember that you can lose your license not only by driving a vehicle while drunk, but also by transferring control to a person known to be drunk. Consuming alcohol or drugs after being stopped by an inspector is also a gross violation of paragraph 2.7 of the traffic rules, so we do not recommend drinking demonstratively on a police camera after two successful breathalyzer tests.

Is it possible to return rights early?

Driving while intoxicated is a serious offense, the severity of which increases if the driver’s actions cause an accident with victims. In such cases, you cannot count on early return of rights.

There are ways to return rights through an amnesty and other options discussed above, but they do not apply to persons who drove while drunk.

The only option for such drivers is to get the problem resolved through the courts. But here the services of a lawyer will be required, since the offender himself is unlikely to be able to defend himself.

You need to carefully prepare for the meeting.

A good chance may be the absence of a medical examination, since its results serve as the main argument.

Violations during the execution and preparation of a document will also be a good basis for protecting the driver in court:

• absence of signatures, names and witnesses themselves;
• using a breathalyzer in the absence of appropriate documentation;
• discrepancies in the data of the breathalyzer and the protocol;
• other violations.

Such errors can become the basis of evidence, and the driver will not be deprived of his license or will have it taken away for a minimum period. You can also challenge a court decision within 11 days after it comes into force.

Obtaining a certificate in another region

If your license is revoked, how do you drive? Legal methods usually do not give the desired result. Therefore, many car owners decide to obtain a license in another region, keeping silent about the fact that they were deprived of this document. This procedure has some difficulties. Features of the process include:

• even if you manage to deceive the traffic police officers, it is impossible to save yourself from search engines with the help of new rights, since the traffic police database in any case contains information that a particular citizen has been deprived of his ID;
• if it turns out that a citizen has registered another right, this may become the basis for bringing him to criminal liability;
• in another region you will have to write an application for a certificate indicating that your license was lost or stolen, which is false information.

Drivers who resort to this method run a high risk of being caught. For them, the punishment is significantly tougher. Therefore, you can get rights in another region, but using them is really dangerous.

How to behave so as not to get caught?

Most often, car owners, at their own peril and risk, simply prefer to drive a car without a driver’s license. To avoid getting caught, follow traffic rules, allow pedestrians to pass, and do not behave provocatively on the road.

A calm and confident ride is the key to the fact that the traffic inspector will simply have no reason to stop you. If the driver tries to escape responsibility, this will lead to additional problems. If a traffic inspector stops a car, then it is initially important to identify the reason for the stop, and if it is absent, then the driver may not present a license.

If a traffic police inspector discovers that a citizen has been deprived of a license, then his car is evacuated, since he cannot continue driving. If the driver does not behave defiantly and impudently, then the traffic inspector may agree that an acquaintance of the driver drive up and continue driving the car.