What is the punishment for being drunk and driving without a license in 2021?

Every driver must have a driver's license in hand when getting behind the wheel. If this document is missing, the person faces punishment. But if he is also drunk, then this is an even more serious violation.

If a driver is caught drunk, then sanctions are assigned depending on specific circumstances, which include the reason why the driver did not have a driver’s license with him. And when a drunk citizen gets into an accident while driving a car, punitive measures are applied to him depending on the consequences of the incident.

Who cannot be subject to administrative arrest?

Punishment for driving while intoxicated

Let's consider separately what driving while drunk and without a license entails. Let's start with drunk driving, since this offense occurs more often. The question arises at what point is a driver considered drunk. By law, the minimum dose of alcohol when checked by an inspector is 0.16 ppm (0.5 liters of non-alcoholic beer or wine or 2 liters of kefir on an empty stomach). But what happens if you go over the legal limit for drunk driving in 2021?

Drunk driving is punishable by a fine of up to 30,000 rubles, deprivation of rights for 1.5-2 years, or both. And this is provided that you don’t break anything else and no one gets hurt. Otherwise, drunk driving faces a more serious punishment in the form of forced labor, suspended or forced imprisonment for up to 10 years, depending on the severity of the crime.

Of course, 10 years is the maximum period, which most often does not reach. Drivers in most cases receive forced labor or a suspended sentence with deprivation of their license as punishment.

Legislative norms

Legislative and regulatory regulation of liability for driving without a license while intoxicated is carried out:

Part 3 Art. 12.8 of the Code of Administrative Offenses (regarding driving while drunk and without a driving license at all);
Part 1 Art. 12.8 and part 2 of Art. 12.3 (regarding drunk driving if the driving license is forgotten at home);
Art. 27.13 (regarding the detention of a vehicle and its placement in a penalty area);
Art. 27.12 (on the removal of a motorist from driving a car);
Government Decree No. 475 of June 26, 2008 (on how the examination for intoxication is carried out);
Order of the Ministry of Health No. 933n dated December 18, 2015 (on how medical examination is carried out).

Punishment for driving without a license

It is important to understand that punishment is inevitable in any case if you do not have a driver's license while driving: it does not matter whether the document is forgotten at home or you have been deprived of the right to drive a vehicle. Of course, during the inspection the circumstances will be taken into account, but you will still face one of the punishments:

a fine of 500 rubles or a warning (if you really forgot your license at home and undertake to provide it as soon as possible);
recovery of 5-15 thousand rubles. (if you have never had a license or it is expired).

In 2021, the amount of monetary punishment has changed, the maximum amount of which can now reach up to 30 thousand rubles. The same amount of fine is for a person who entrusted his car to a person without a license. An alternative is also possible in the form of administrative arrest for up to 15 days or forced labor for a period of 100-200 hours.

Remember that even in the case of a minimal punishment or warning, the inspector does not have the right to let you go until you present your identification. Otherwise, the car will be taken to the impound lot until the circumstances are clarified.

What is the penalty for driving without a license?

Any driver clearly knows and understands that if he is going to drive a car or other vehicle, he must take some documents. These will certainly include rights, compulsory motor liability insurance, and PTS. Otherwise, any traffic police officer will have multiple claims and questions.

This situation can be aggravated by the fact that the driver is driving while intoxicated. The punishment imposed by the inspector will be more severe. The amount of the administrative fine will be an order of magnitude greater, after which the violator will be deprived of the right to drive for a period of 1.5 to 3 years. This preventive measure will be determined by the court.

If a traffic police officer records in the protocol that the driver is intoxicated, then when the documents are restored, he will also have to undergo a medical examination and pass a theoretical exam. You will be allowed to drive a car again only after the expiration of the sentence and after completing the procedure for returning your license. These actions are regulated by clause 2.1.1 of the Traffic Regulations.

Any driver must provide the following documents at the request of a road patrol inspector on duty:

Passport or any other identity document. By the way, rights are not such a document.
Driving license of the appropriate category or its duplicate.
PTS/STS (a document that confirms registration data).
Compulsory MTPL insurance policy.

Before you get into the car and drive, you need to make sure you have all these documents.

Driving a car without documents, even if they are at home, is strictly prohibited by law. The fine will be slightly less, but the traffic police inspector will still assign it. These rules are regulated by Art. 12.3.1 Code of Administrative Offences. The fine can reach 5,000 rubles.

If the license was simply forgotten at home or in another place, the driver can confirm the presence of the document, or the traffic police officer checked the driver’s information using the general database, and he will issue a fine for the absence of the document. But the owner of the car will not be able to drive home. You will have to either go for the document and return for the car later, or use the services of a third party. But it must also have all the necessary documents and be included in the MTPL agreement.

If it is established that the car is being driven by a person who has been deprived of his license, the traffic police inspector will be obliged to make a completely different decision. It is regulated by Part 2 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation and implies: a fine of up to 30,000 rubles, arrest for 15 days or correctional labor for up to 200 hours.

Sometimes an interesting situation arises when the offender is not the owner of the car. That is, the owner has provided his vehicle for use to a third party. In this case, it also breaks the law and will be punished. According to the documents, the owner of the vehicle himself will also face a fine of up to 30,000 rubles.

In order to punish a violator for driving a car without a license during the validity of a court verdict on confiscation (deprivation of this document), it is necessary to attach to the package of documents a previous court decision that the rights were confiscated for a certain period.

If the driver is drunk and without a driver's license

It is logical to assume: if the violation is double, then the punishments should be summed up. But that's not true. There is even a separate article (12.8 Code of Administrative Offenses of the Russian Federation, part 3) for this offense. If we summarize the information, we can come to the conclusion that the punishment will be the same - a fine of up to 30 thousand rubles or imprisonment for 10-15 days.

But what punishment for driving without a license while drunk will be the priority and what does it depend on? Oddly enough, first of all, administrative arrest is applied for 10 or 15 days (depending on your behavior during arrest). If the detainee has a certificate or document that does not allow him to serve the arrest in the place designated for this purpose, a fine in the above amount will be imposed.

The fine for driving without a license while drunk can be divided into several parts and collected from the offender’s salary or from his property. This information is valid only if the driver does not commit any other violations (does not hit anyone, does not crash, or does not cause an accident). If this happens, the punishment may become criminal in nature.

It is important to take into account that the state of alcohol intoxication is recorded not only when it is determined by the breathalyzer, but also in the event of the driver’s refusal to undergo testing. Remember that the examination must be carried out with witnesses or with video recording of what is happening. If this condition is not met, refusal to check is completely legal.

Does deprivation of rights affect the situation?

If a person deprived of his license is caught driving drunk, he will suffer the same punishment as in the previous case. The size of the fine depends on whether you are driving under the influence.

What if you drive drunk without a license in someone else's car?

If a drunk friend who does not have a license asks you for permission to drive your car, do not agree. In this case, punishment threatens not only the drunk driver without a license, but also the person who provided him with the car. In this case, you need to find a sober person with a valid driving license or call a taxi.

○ The future of drink-and-drive.

The latest changes to legislation regarding the consequences of alcohol consumption by drivers occurred in 2015. It was then that the Criminal Code of the Russian Federation was supplemented with Art. 264.1, according to which the repeated detention of a drunk driver who had previously been deprived of his rights under Art. 12.8 of the Administrative Code, turns the case from administrative to criminal. In this case, the culprit will face a more severe punishment - from a fine of at least 200 thousand rubles to imprisonment for up to 2 years . The period of deprivation of rights, by the way, in this case will increase by another 3 years .

There are no plans for a new tightening of liability measures in the near future, but you can’t make any guesses here: a new bill can be introduced at any time and be approved, signed and come into force in a few months.

Therefore, it should be an absolutely strict rule for every driver: if you drink at least a little, forget about driving for the next 8-10 hours.

Responsibility for repeated violation

Of course, unfortunate drivers who get behind the wheel without a license and while drunk again commit a crime. A repeated violation of this kind is punishable under Article 264.1 of the Criminal Code of the Russian Federation dated June 13, 1996 (as amended on July 29, 2021). In this case, a monetary penalty of up to 400 thousand rubles is imposed. In addition, the violator is deprived of the right to hold certain positions for up to three years. The latter must be indicated in the sentence.

If you are unable to pay the fine, it will be divided into parts, your property will be taken away, or your salary will be deducted for 1-2 years.

Information about offenses is stored in the database for 1 year after you return the permit. So, if you already have administrative restrictions, do not violate traffic rules again. This will make the situation worse.

Russia may introduce lifelong disqualification for driving while intoxicated

Russian authorities intend to toughen penalties for drunk driving. According to the minutes of the meeting of the government commission on road safety, which Kommersant

, the Ministry of Internal Affairs, the Ministry of Health and the Ministry of Justice must submit “coordinated proposals” on the introduction of criminal liability for drunk drivers by November 1.

This instruction was given by Deputy Prime Minister Marat Khusnullin. It is noted that punishment should be applied depending on the degree of intoxication. But it is not yet clear at what level of alcohol in the blood criminal liability will occur, writes Kommersant. Today, the maximum permissible limit is 0.3 g per liter of blood. For exceeding this limit, drunk drivers can be fined or have their driver's license revoked for up to three years. If a motorist repeatedly gets behind the wheel while drunk, he may be imprisoned.

According to Khusnullin, most fatal accidents are associated with the fact that the perpetrators of the accidents had 1 g of alcohol in their blood, that is, the norm was exceeded several times.

“By getting behind the wheel in such a state, a person creates a threat to the lives of road users, so I have given instructions to consider the possibility of tightening penalties, including criminal punishment,” the official said.

The publication notes that sanctions for drunk driving are planned to be tightened not only in terms of replacing administrative penalties with criminal ones, but also in terms of deprivation of rights. According to Kommersant, the Ministry of Internal Affairs, Rosgvardia, Rostekhnadzor, the State Inspectorate of Small Vessels of the Ministry of Emergency Situations and the Federal Air Transport Agency must jointly develop a “unified mechanism for terminating (restricting)” the driver’s rights to drive all types of transport.

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That is, it is planned to deprive the driver of the right to drive not only wheeled vehicles, but also self-propelled (snowmobiles, special equipment), water (jet skis, boats, yachts), aviation and railway. In addition, legislators intend to limit the rights to own, store and carry weapons for drivers who have been caught driving while intoxicated. For drivers who get behind the wheel while drunk again, it is planned to increase the period of deprivation of a driver's license up to life.

“Deaths on roads involving drunk drivers have decreased, but at a much lower rate than deaths in accidents not related to drunk driving. Today, a lot of work is being done to create a safe infrastructure, it is bearing fruit, but it does not help in the fight against drunk drivers,” Khusnullin noted.

In the first half of the year, 5.1 thousand accidents occurred due to the fault of drunk drivers. This is 37% less than in the same period last year. The number of deaths and injuries in these accidents is also falling.

In recent years, Russian authorities have regularly tightened penalties for drunk driving. In 2021, for a fatal accident in a “drunk” accident, the maximum term of imprisonment was increased from nine to 15 years.

Came into force in July 2021

amendments to Art. 264.1 of the Criminal Code of the Russian Federation. They are increasing penalties for drunk drivers who have previously been convicted of drunk driving. Thus, the term of imprisonment for a repeated offense has increased from two to three years, and the fine - from 200-300 thousand to 300-500 thousand rubles. In addition, correctional labor for up to two years and forced labor for up to three years are provided. In addition, the violator may be deprived of the right to “hold certain positions or engage in certain activities” for up to six years.

Lawmakers noted that the changes are prompted by the growing threat of drunk driving.

The rule that people caught drunk driving are prohibited from acquiring a license to purchase weapons is already specified in the current law “On Weapons”. It comes into force on June 29, 2022 along with other amendments.

Is it permissible to drive a car after the license has been withdrawn?

The answer to this question is clear - no, driving a car without a driver's license is strictly prohibited , and is punishable by a fine of 30 thousand rubles. (Part 2 of Article No. 12.7 of the Code of Administrative Offenses of the Russian Federation). Also, it is expected that the offender will be subject to correctional labor for a period of one hundred to two hundred days or be placed in custody for up to fifteen days (depending on the severity of the offense).

If the offender is a disabled person, a pregnant woman or a person with serious health problems, then these categories of people are exempt from arrest and community service.

If circumstances arise when a citizen drives a vehicle without a driver’s license, not deprived, but without having it with him (forgot it at home or somewhere else). In this case, if such a situation is identified, the traffic police inspector issues a fine from 5,000 to 15,000 rubles (the amount of the fine is calculated by the inspector, who relies on the Code of Administrative Offenses of the Russian Federation).

Attention! If the inspector records an offense (driving a car without a license), then by law he is obliged to seize the car from the offender and send it to the impound lot.

What fines are provided if the deadline has expired, but the driver did not pick up the driving license from the traffic police and got behind the wheel?

A fairly common occurrence is when the period of deprivation expires, but the driver does not want to comply with the rules for returning the license. Here the question arises: is it possible to drive in this situation, and what will happen if traffic police officers stop you?

Failure to comply with the rules for returning a driver's license does not entail any punishment , but driving without a driver's license, which the driver did not return (due to certain circumstances, or simply because of laziness) is already punishable in accordance with Part 2 of Article No. 12.3 of the Code of Administrative Offenses “Driving a Vehicle without Having right with you." Such an offense is punishable by a fine of five hundred rubles.

Here it is important not to confuse this article with part 1 of article No. 12.7 “Driving a vehicle by a person who has a driver’s license in general,” as well as with the second part of this article “Driving a vehicle by a driver deprived of a license.”

Important! You should not delay returning your driver’s license, since its storage period at the traffic police is limited; after this period, the license will be disposed of.

Procedure for revocation of a driver's license

When traffic police representatives stop a drunk driver, a procedure for revocation of license is initiated. It has the following order:

Stopping the car if there is suspicion. To identify alcohol intoxication, the following signs are used:
problems with posture stability and balance;
incoherent, confused speech;
intoxication - pale or greenish color of the skin.
On-site inspection. Special devices are used - breathalyzers. They look like a tube that you blow into. The results confirming a drunken state are 0.16 ppm.
Drawing up a protocol on removal from management in a standard form, which is presented in the photo. Familiarization of the citizen with the text of the protocol drawn up in the presence of two witnesses (signatures must be present). The document should be read carefully before signing. VU remain in hand. Appeal the protocol within 10 days or submit it to court.
Submitting a protocol, road accident diagram, report on the circumstances of the accident, photos and videos from the scene of events to the judicial authority.
Setting a date for a hearing in the Magistrates' Court. All parties are present at the meeting.
Trial. Witnesses, inspectors, the offender or his defense attorney are heard.
Making a decision. It will gain legal force only after 10 days, so an appeal is allowed.

On a note! 13 days after the trial (without appealing the decision), the driver hands over the certificate to the traffic police department. The fact of delivery is reflected in the application.

What are the dangers of driving with a fake document (duplicate)?

Reference. After the driver is deprived of the right to drive a vehicle, he, by law, surrenders his driver’s license to the traffic police.

But many use a trick and acquire a duplicate of such rights, printed using modern printing technology.

Such a certificate is practically no different from the real one, but State Traffic Inspectorate employees know how to distinguish a real document from a fake. As practice shows, in most cases, the inspector immediately recognizes a fake .

If the traffic police inspector recorded the fact of using a forged document, in particular a driver’s license, then the driver first faces administrative liability (Part 2 of Article No. 12.7 of the Code of Administrative Offenses of the Russian Federation), and then criminal liability for forgery of documents (Part 3 of Article 327 of the Criminal Code of the Russian Federation ).

There are several types of penalties for driving a vehicle with a fake driver's license. The driver faces one of the following penalties:

Correctional labor for up to 480 hours.
Arrest for up to six months.
A fine of eighty thousand rubles.