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.

Stopped by traffic police officers

Having stopped the vehicle, the inspector must introduce himself and show his identification. If he notices the smell of alcohol on the driver’s side, incoherent speech, trembling hands, poor coordination and static, inadequate reaction or redness on the face, he has the right to remove the driver from driving the car.

To begin with, a protocol is drawn up, in duplicate, with two witnesses or video recording. It records the data of the driver, inspector, vehicle, time, place, reason for stopping and restrictions on driving the vehicle. The protocol is signed by both parties. A copy is given to the driver.

Warning: only after drawing up a protocol, a person is sent for a breathalyzer test. If the opposite happens, the driver can file a counterclaim in court against the actions of the road inspection workers.

The procedure is carried out 2 times with an interval of 20 minutes. The results are recorded in the inspection report, which is drawn up in three copies (for the driver, inspector, medical organization) and signed by the parties and witnesses. If the driver refuses to sign the documents, a note to this effect is made in them, and dashes are placed in the empty fields.

Note: the driver has the right to request an examination at a medical facility or mobile point, and the inspector undertakes to take him there.

If the driver refuses the examination or the presence of alcohol in the body is confirmed, the car is sent to the impound lot, and the completed documentation is sent to the court. After the court considers the case, a final decision is made on the imposed fine, deprivation of rights, freedom, or closure of the case.

Important: the driver must receive notice from the court about the start of the trial in his case. If there is no agenda, there is no need to be happy about it. It is better to go to the traffic police department (check the address and time of the trial there) so as not to aggravate the situation and be able to protect your interests.

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.

How to behave as a driver

The driver is required to get out of the car and provide documents for the car if required by the traffic police. The driver may not sign the protocols or acts if false information is indicated there or if he doubts the reliability of the examination results.

Refusal to undergo examination is regarded as an automatic admission of guilt. Therefore, there is no need to aggravate the tense situation. A refusal would be appropriate if, having asked for documents for a breathalyzer, the inspector did not provide them or a used disposable tube was inserted.

Important: before signing the act, you must insist on a second measurement of alcohol concentration. Sometimes traffic police officers enter the same data or ignore the second measurement.

The driver can hope to have the case closed if:

• serious errors were made in the protocol or inspection report;
• the testimony of witnesses and the inspector does not coincide;
• the testimony of the protocol and the inspection report differ from each other;
• the documents do not contain contact information or signatures of witnesses;
• the inspector and the witnesses turned out to be acquaintances;
• the laboratory where the examination was carried out does not have a license.

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.

Signs that may lead to a fine for drunk driving

By law, a traffic police officer can draw up a report if the driver exceeds the alcohol limit:

• more than 0.16 mg per liter of exhaled air. The inspector can check this on site using a breathalyzer;
• more than 0.3 g per liter of blood. This is determined at the hospital based on test results. There will also be a fine if drugs or psychotropic substances are found in the blood.

The inspector may suspect that the driver is drunk if he smells of alcohol, he sways when walking, cannot speak clearly, behaves strangely, or his face is red.

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.

How to avoid being deprived a third time

It is naive to believe that the absence of rights, in principle, will save you from responsibility. If the offender does not have a license at all, then for the third time driving while intoxicated, he may be subject to a fine, correctional labor and imprisonment. In addition, driving without documents will be punishable under Art. 12.7 of the Administrative Code, and this is a fine of 5-15 thousand. The inspector himself appoints him.

You will not be able to avoid deprivation either the first or the third time you drive drunk. This applies to cases brought to court. This is due to the fact that such driving is accompanied by high risks and must be stopped in a timely manner. However, in a number of situations, deprivation can be avoided if:

1. Lack of witnesses or as an alternative to camera recording. This factor calls into question the fact of the incident and the reliability of the data presented.
2. Violation of inspection rules. For example, the document was not signed by the doctor who performed the procedure. The form issued by an unlicensed clinic will also be considered invalid.
3. There is no crime. If there is no violator and guilt, illegal action or inaction, then there is no one or nothing to punish.

In any case, the court's decision can be challenged. 10 days are given for this.

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.

Driving a scooter (moped) while intoxicated

According to Federal Law No. 307 of October 14, 2014 , which amended the Code of Administrative Offenses of the Russian Federation, both cyclists and scooter drivers are now responsible for traffic violations.

Therefore, drivers with category “M” also do not have the right to drive drunken vehicles.

Art. 12.29 Code of Administrative Offenses of the Russian Federation :

Violation of traffic rules by a person who was driving a category M vehicle while intoxicated entails an administrative penalty in the form of a fine of up to 1,500 rubles.

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.

Deprived of rights: when and how to take them back

The driver is considered deprived of his driving license 10 days after he receives the relevant decision. In case of filing a complaint and after the decision on the appeal, if after it he does not transfer his document to the traffic police, the period will be in “pause” mode. The countdown is resumed only on the basis of the fact that the inspector has received the described document. To obtain a driver's license and continue to use the car, you will need to pass a knowledge test on traffic rules and pay fines. They may also be required to provide a medical certificate confirming their health status.

This type of punishment ranks 2nd among drivers in terms of deprivation of a driver’s license. According to statistics (from the department at the Supreme Court), every year approximately 400 thousand people remain without their driver's license. This is a significant figure that can be compared with the population of some cities. The leaders among them are those who drove a vehicle while intoxicated, fled the scene of an accident, and did not undergo a medical examination if necessary.

The maximum period for deprivation of rights is 2 years. It should be borne in mind that this period may be extended if the driver ignored the requirement to surrender the license or forgot to do so. Let's consider step-by-step recommendations to avoid troubles if necessary and regain the right to drive a car in a timely manner.

1. Setting the expiration date for deprivation of a driver's license

As stated above in the article, the period of loss of the right to drive begins after 10 days, which are counted from the moment the relevant decision is received. At the same time, there is an amendment to the possibility of appeal. If the decision is contested, the countdown begins based on the results of the consideration of the complaint in court.

The certificate is submitted within 3 days from the date of entry into force of the resolution. If this does not happen, a pause is set and the count continues when transferring to the police or writing a statement about their loss. An example might look like this:

• 13.01 – deprivation of rights by court decision for a year;
• 20.01 – receipt of the resolution;

2.02 – the decision comes into force (10 days from the date of receipt);

• 25.07 – delivery of the certificate;
• 26.07 – obtaining a license from the traffic police.

From practice, we can give an example of deprivation of the driving privileges of a driver who was intoxicated. According to the court decision, the offender was deprived of the right to drive a car for 1.5 years and paid a fine of 30 thousand rubles. In the courtroom, the defendant verbally stated that his driver's license was lost. He also did not take any additional steps to submit it to the State Traffic Inspectorate or to write a statement about the loss.

As the offender considered, the countdown of the deprivation period will begin from the moment the court decision is announced. After 1.5 years from this date, he decided to get a driver’s license, but to his surprise he discovered that the sentence assigned to him should have begun from the moment he submitted this document to the traffic police, and his oral statement about the loss of this document has no force .

A little later, at the insistence of his comrades, he nevertheless submitted an application for the loss of his driver’s license to the traffic police. In parallel, this subject filed a lawsuit complaining about the actions of representatives of the State Traffic Inspectorate, who did not take his oral statement about the loss of the document into account, and did not explain how he should have acted. Thanks to these employees, he cannot regain his driver status for a long time. The court did not satisfy the claim of the citizen in question. The judge focused the plaintiff's attention on the existing procedure for deprivation of a driver's license, and that he was familiar with this document, as evidenced by his signature. The judge also drew attention to the importance of filing any appeal in writing, which could resolve the situation within the established time frame.

From the above, it should be summarized that all penalties against motorists are not cumulative. First you need to cover the debts on the first one, then on each subsequent one.

It is necessary to note that if you continue to drive a vehicle with a license after it has been revoked, this is grounds for a fine in the amount of 30 thousand rubles, restriction of freedom for 15 days, or performing work in the amount of 2 hundred hours (Part 2, Article 12.7 Code).

• Contacting the State Traffic Inspectorate office at the place where the driver’s license is stored

A driver's license is issued to the holder at the office where he submitted it. The full name will be indicated in the decision to deprive them. If a complicated situation arises, you can contact the court office, which will tell you where to go.

To be able to pick up a document elsewhere, you must write a corresponding application. It is submitted in written or electronic form. The text must contain a request to send the certificate to the required department, which is done in accordance with the sixth paragraph of the Rules.

• Control on knowledge of traffic rules theory

The traffic theory exam is a mandatory part of the process of getting your driver’s license back. It is carried out when half of the restriction period has passed. To apply for this procedure, you should contact the State Traffic Inspectorate unit in person or remotely through the official website of the State Service. The Autocode resource is available to residents of the capital.

The exam is quick, taking only 20 minutes. If 1 error occurs, the system increases the time by another 5 minutes and also adds an additional five questions. If there are 2 incorrect answers, then more time will be added - a total of 10 minutes.

The list of questions for the exam is compiled in accordance with the driver category. So, if he has categories “C, D” open, then the level of questions will correspond to them. If the license is category “B, C”, then the selection will correspond to “C”.

In case of “failure” in the exam, retaking the exam will be allowed only after 10 days, which corresponds to the third paragraph of the Rules for the return of a driver’s license.

• Repayment of debts due to fines

A driver's license is issued not only as a result of passing the exam, but also subject to mandatory repayment of fines (Part 4.1 of Article 32.6 of the Administrative Code). It can be canceled, but not earlier than after 2 years (Part 1 of Article 31.9 of the Administrative Code).

• Passing a medical examination

The requirement to provide a medical report is not relevant for all motorists who have been deprived of their driving license. There are 3 reasons for this:

1. Driving a vehicle while intoxicated.
2. Failure to comply with medical examination requirements.
3. Drinking alcoholic beverages after a traffic accident.

A conclusion is issued based on the results of a medical examination by a number of specialists:

In addition to examination by doctors, it is necessary to undergo tests. An exam is also taken, fines are paid, and a certificate is issued. This must also be done in case of loss of rights, at the end of the period of deprivation. If this is not done, new rights will not be issued. In addition, the inspector will have every reason to issue a fine of up to 15 thousand rubles. (Part 1 Article 12.7 of the Administrative Code).

To confirm this, there are numerous real cases where drivers received significant fines. As an example, let us give a situation in which a foreign citizen found himself who refused a medical examination, received a fine and lost his rights for 2 years. He had an alien driver's license. After 2 years he passed them. At the same time, the validity period of this document has expired. Despite the driver’s conviction that he should receive a new document, he was refused. Even after turning to the State Traffic Inspectorate unit 2 years later, he was asked to first take a theory test, undergo a medical examination, and pay off fines. This fact indicates the need to comply with the established regulations not only by citizens of the Russian Federation, but also by foreign persons.

It is recommended to pay attention to the fact that if you obtain an international driving license in your country, the driver is not released from liability. As a result of the inspection, the traffic police inspector has the right to clarify the data regarding a specific citizen and oblige him to fulfill the conditions previously established in relation to him. Otherwise, a fine in the amount of 10 thousand rubles may be issued. in accordance with the first part of Article 12.7 of the Code.

Even if the driver disagrees with the inspector, he can go to court, which will confirm the correctness of this decision. That is, the presence of rights of international significance for a foreign person does not provide an opportunity not to comply with decisions regarding fines already received. This also applies to certificates issued in Russia to foreigners. International law does not exclude the application of sanctions under the first part of Article 12.7 of the Code, and therefore fines must be repaid.

To obtain his license, the driver must prepare a list of documents based on the requirements presented to him. The standard list is as follows:

• passport;
• medical report drawn up in accordance with form “003-B/u”;
• a document confirming the absence of debt on fines, in case the police do not have such information.

Based on the application, after acceptance of the documents, the documents are returned. This happens on the day of application in accordance with the sixth paragraph of the Rules. Rights are stored for 3 years from the date of their deprivation. If the motorist does not satisfy the requirements for return, in accordance with Part 5 of Art. 32.6 of the Code, they will be destroyed.

The principle of returning the ID

1. It is necessary to find out the expiration date for which the motorist is deprived of his driver's license. The countdown begins from the moment the resolution comes into force (10 days after its issuance). If the transfer of the document to the inspector did not occur within a period of 3 days from the court’s decision, then the time is counted only after the certificate is submitted to the traffic police.
2. Finding the unit where the license was accepted and stored. His address must be listed in the resolution. If necessary, the violator can submit an application with a request to send them to the address of another unit.
3. Control of knowledge of traffic rules. To do this, you need to sign up in advance by coming to the traffic police yourself or remotely through the State Services resource. If you fail, you can try again after a week.
4. Repayment of fines for all violations.
5. Passing a medical examination and obtaining a medical report. This step is mandatory for persons who have had their license revoked due to driving while intoxicated. This also applies to persons who drank alcoholic beverages after a traffic accident and refused a medical examination.
6. Submission of a set of documents to the State Traffic Inspectorate. The required list includes a passport, a medical report, and a document to confirm the absence of debt under fines. No other documents should be required. Refunds are made on the day of application.

It should be borne in mind that the storage period for documents resulting from a violation is limited to 3 years. After its completion, the inspector has the right to destroy them.

Possible difficulties

As practice shows, in most cases, difficulties in punishing the right to drive a motor vehicle are most often associated with confusion in terms. Thus, office employees cannot always submit a resolution indicating the date of entry into force of the resolution to the State Traffic Inspectorate. For this reason, when applying for delivery, the document may not be taken due to ignorance of the beginning of the deadline.

The second negative reason is the lack of seriousness of motorists themselves towards the process established by law. It is not uncommon for an ID to be sent by mail, as a result of which the document may get lost.

The third controversial situation is the desire to pick up a document in a different place from the storage location.
To do this, you must comply with the 30-day deadline for submitting an application for transportation. If the condition is not met, the inspector has the right to refuse to send the application, and then it will be necessary to pick it up at the place of delivery. all articles

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.

Testing for intoxication and withdrawal of license

It should be noted that the inspector is obliged to strictly follow the entire procedure for conducting the survey and filling out the protocol. In the future, during the judicial review of the case, any error or error of the traffic police officer will be qualified in favor of the driver.

So, the examination procedure is as follows:

• breathalyzer test. Carried out with the consent of the driver. He can refuse, which is recorded in the protocol against his signature. It is carried out in the presence of at least two witnesses or, in extreme cases, with video recording. In case of refusal of the tester, a medical examination is organized at the nearest hospital or mobile station. Refusal to pass the tester is recorded in a special protocol. The inspector is obliged to take the driver to the place where the tests are taken;
• the maximum permissible ppm in the air is 0.16, which is equivalent to 0.35 in the blood;
• If you refuse to be examined with a tester by a traffic police officer, the driver will be taken to the hospital. Here he is contacted by a doctor, who also first uses a breathalyzer. If suspicions of the presence of alcohol in the blood are confirmed, the driver undergoes blood and urine tests. All examination results are also recorded. It is important to note that the guilty driver has the right to refuse a medical examination, but this will in fact mean an admission of alcohol intoxication and the inevitability of a well-deserved punishment;
• After completing the cycle of examinations, protocols are finalized for sending to the court.

The judicial procedure is as follows:

• the protocols are sent to the office, where they are regarded as a statement of claim;
• cases are distributed among judges using an automatic computer system;
• opening of criminal or administrative proceedings;
• setting a hearing date;
• sending a summons to the accused driver indicating the date, time and address (city, street, house number, floor, office) where the hearing of the case will take place. The summons is sent to the address specified in the protocol. The driver, as an individual summoned to court, is required to sign as confirmation of receipt of the document. If the citizen was not at home at the time of the visit of the postman or other person authorized to serve the summons, the citizen’s relatives or neighbors can receive the paper and sign for it;
• consideration of the case in court and making a decision on the fact. The court has the power to hold the perpetrator accountable to the fullest extent of the law. The decision to withdraw rights is made solely by the court. The patrol policeman is not authorized to resolve such issues.

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

It is important to understand that the driver in any case must try to defend his own interests. The task of the accused is to minimize the possible punishment or completely eliminate it. The basic rights of the driver during the procedure are as follows:

• enjoy the right to provide legal assistance from a lawyer at any stage of the consideration of the case, starting from drawing up a protocol on the offense;
• do not sign documents if you do not agree with them or do not fully understand the meaning;
• appeal the actions of the inspector;
• require the presentation of the official identification of a traffic police officer;
• make sure that the breathalyzer readings are correct, that is, require the provision of supporting documents about regular verification.

It is important to actively use your rights, because only in this case can real justice be defended.

Driver Responsibilities

In the process of communicating with a traffic police officer, the driver is obliged to:

• behave culturally within the framework of general ethics of behavior;
• present all necessary documents upon the first request of the employee in the form;
• get out of the car for further communication;
• take a breathalyzer test or go to a licensed medical clinic;
• voluntarily allow the police to organize the evacuation of the vehicle to the impound area until the final decision on the issue of deprivation of rights and the application of other types of punishment in relation to the offender;
• comply with other legal requirements of the traffic inspector.

Rights of a traffic police inspector

Traffic police officers currently have a significant amount of rights in relation to drivers. The increase in the number of accidents with drunk drivers during 2014 - 2021 led to the fact that the scope of powers of traffic cops was expanded by order of the Ministry of Internal Affairs of the Russian Federation dated October 20, 2017. Today the patrol service can:

• demand the presentation of documents from the driver;
• demand to get out of the car;
• organize the arrest of the driver for opposing the lawful and logical instructions of the employee;
• remove from driving a vehicle if there are legal grounds for doing so;
• organize on-site alcohol testing;
• if the driver refuses the breathalyzer, the traffic police may forcibly take the driver to the nearest certified clinic for a more in-depth examination for the presence of alcohol in the blood;
• organize the detention of the car;
• camouflage your cars by any means so as to catch passers-by by surprise;
• stop road users on any part of the road with special permission from management;
• conduct video recording of communication with the driver of the vehicle, without hiding this fact. The video can later be used as evidence in court proceedings.

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.

Fine amount

The authorities are trying to do everything to ensure safety on the roads. Fines for drunk driving have been introduced, the size of which is shocking.

Although there are 50% discounts on certain fines from 2021, they do not apply to alcohol intoxication.

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.

How to defend your rights in court

The main way to protect your rights in a drunk driving case is to carefully check all related documentation. It is possible that some procedural and regulatory acts contain legal errors that could affect the final opinion of representatives of the courts.

The driver should:

• check the match between the receipt number from the tester and the digital media code of the device;
• find out information about the presence of a line explaining rights and obligations in the main act;
• verify the accuracy of the personal information of witnesses;
• study the medical examination protocol;
• study the medical examination report for inaccuracies;
• check the accuracy and relevance of the information in all documents;
• try to find witnesses who can confirm innocence, etc.

You can cope with all the listed activities only if you have the proper experience or education in the field of this section of jurisprudence. Most often, a specialized specialist is hired to carry out the list of works, who will defend the driver’s rights when considering the case in court.

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.

Do I also need to pay fines?

The court's verdict is binding, unless you exercise the right to challenge it. 10 days are given for this. If there is no appeal procedure, then the fine, which will be mandatory in case of initial deprivation, must be paid within 60 calendar days from the date of the court decision.

Delay in payment leads to additional sanctions against the debtor and ultimately provides options for the possibility of forced collection of funds to pay the fine by bailiffs.

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.

How to pay a fine for drunk driving

Such fines are not subject to a discount, unlike most others. This means that in the first 20 days the amount will be the same as in the subsequent ones - from 30 thousand rubles. Let's look at how it can be repaid.

Traffic police fines. Enter the license plate number, STS and license numbers and add your email address for notifications. Click "Check fines". The service will show the fine - click “Pay”.

Then check the details and click “Proceed to Payment”.

Enter your bank card details and click “Pay”.

Government services. To check fines, you will have to register and confirm your account at the nearest authorized center. After this, you can add the machine data and select.

Traffic police website. On the main page, find the “Check fines” banner, enter the license plate number and STS, then click “Request verification”. The fine will appear and you can pay it, but the site does not provide a guarantee of repayment.

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.

Accident while intoxicated

If a person dies during an accident, he faces imprisonment for a period of two to seven years. This is in addition to the deprivation of rights for three years. If there are several victims, then along with documents you will have to serve up to 9 years in prison. All this is assuming the drunk driver is at fault. Instead of the maximum term, they can impose up to 4 years of restriction of freedom and correctional labor for 5 years.

For reference!

Until July 1, 2015, for the deaths of people, the person responsible for the accident faced up to 5 years of correctional labor + a term set by the court (there was no minimum threshold). In 2021, a more stringent measure is in force; the driver faces a restriction of freedom for 4-9 years.

Victims of drunken driving accidents may receive a combination of several measures. Deprivation of rights is a mandatory event. Plus, they impose a real prison sentence, a minimum of 4 years and an additional ban on certain types of positions (no more than 2 years)/ban on certain types of activities (up to 3 years).

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.

Return of VU

Upon expiration of the appointed period, the right to drive the vehicle can be returned. However, on the basis of clause 4.1 of Art. 32.6 of the Administrative Code, for this it is necessary:

1. Take the traffic rules theory again.
2. Pass a medical examination.
3. Pay all existing fines.

Please note that there is no exact time frame for when you need to return your rights after the expiration of the withdrawal period. However, paragraph 5 of Art. 32.6 of the Code of Administrative Offenses states that confiscated certificates are stored for no more than 3 years, after which they are destroyed.

Is it possible to get your license back early if you lose it for drunkenness?

The list of possibilities for early restoration of the right to drive a vehicle does not include withdrawal due to intoxication. A certificate confiscated for these reasons cannot be returned ahead of time.

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.

How much documents will be deprived for the third time of drunk driving?

Deprivation of a driver's license is a standard measure for alcohol. If the violation is the third, then a term of imprisonment of 2-3 years is imposed. The duration is determined by the judge, taking into account the surrounding circumstances. In any case, you will have to live without a license for at least two, maximum three years.

As judicial practice shows, almost all similar cases end in deprivation. A small percentage of cases can be challenged if there is a gross violation of the procedural order. If the evidence was obtained illegally and is unreliable, then proving the fact of intoxication is problematic.

Important!

The countdown of the period of deprivation of a driver's license begins only after serving correctional labor or imprisonment, if they were assigned for the same offense.

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.

Return of rights

The driver can return his documents to the traffic police department, which seized them. After the end of the entire period of deprivation of rights, a person needs to go through 4 stages:

• Pass the traffic rules knowledge test at the traffic police department. The exam includes 20 questions that the driver must answer in 20 minutes. You can make a mistake on two questions, otherwise there will be a retake in a week.

Interesting: you can take the exam after half the period of deprivation of rights has passed. Re-testing for a new license is a free procedure.

• Fill out an application to the traffic police for the re-issuance of a license and submit it no later than a month before the end of the period for deprivation of documents. It indicates the traffic police department to which the document must be sent.
• Collect the necessary certificates from the hospital about the ability to drive a vehicle and the absence of restrictions.

Interesting: not all traffic violators need to collect such certificates. But for drivers who have been deprived of their license specifically for alcohol intoxication, refusal to undergo an examination, or drinking alcohol after an accident, these certificates are required.

• Obtaining rights. According to the law, the driver is issued a new license at the traffic police department. He must come there with collected certificates, a passport and a document confirming successful completion of the exam.

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.

General concepts

The third deprivation for drunkenness is a measure that took place before the end of the previous punishment for the same offense. It is also prescribed in situations where the criminal record has not expired. Let's look at the situations in more detail:

1. A year has passed since the control ban expired. The misdemeanor will be classified as a primary violation. The period applies to situations where there was no criminal liability.
2. Three years have passed. Only then will the criminal record be closed in cases where there was a criminal component and there was deprivation of liberty.

In the case of a suspended sentence, the first rule applies. The violator should not be caught by traffic police inspectors while drunk for at least a year after the expiration of the deprivation period. Otherwise, there will be criminal liability with maximum fines and the selection of documents for 3 years.

But there is a proposal to imprison people for life for repeated drunk driving.

Meanwhile, the Deputy Chairman of the Government of the Russian Federation instructed several departments, including the Ministry of Internal Affairs, to study the possibility of a life sentence for driving while intoxicated. At the same time, it is assumed that they will be able to deprive of rights for the rest of their life under two conditions:

• if the driver is caught driving while intoxicated again (it is not yet specified what the punishment should be for this the first time),
• or if the driver’s state of intoxication reaches a certain degree based on the results, allowing the intoxication to be assessed as severe.

But the consequences of both of these violations entail not only lifelong imprisonment, but also:

• a ban on driving other types of transport, including water vehicles, trains and even airplanes,
• refusal to issue a permit to own a weapon,
• automatic registration with a drug dispensary.

How to reduce the period of deprivation of rights: procedure

It is very difficult to reduce the period of deprivation of rights. Judges are very reluctant to do this, so as not to create precedents for the future. This can only be done through the court by filing an application.

To give your application serious motivation, you must attach:

• reference from the place of work (certainly positive);
• confirmation of the fact that the vehicle is the person’s source of income;
• confirmation of the absence of fines from the traffic police earlier.

You can download a sample petition for non-deprivation of rights in word format.

Reducing road deaths

President Vladimir Putin instructed the government to continue working to improve road safety . At a meeting with Deputy Prime Minister Marat Khusnullin, the president said the following: “We cannot lose as many people on the roads as during military operations.” Deputy Prime Minister Marat Khusnullin instructed the Ministry of Internal Affairs, the Ministry of Health and the Ministry of Justice to submit “coordinated proposals” to introduce criminal liability for drunk drivers, taking into account the degree of intoxication, by November 1, 2021.

Radical measures to improve the situation on the roads were required after the actual stabilization of mortality at a fairly high level. According to Rosstat, in 2015 there were 25.5 thousand deaths, in 2021 - 21.6 thousand, in 2021 - 20.3 thousand, in 2021 - 19.1 thousand. But then stabilization occurred. The number of traffic accident victims in 2021 remained virtually unchanged compared to 2021. At the same time, authorities in various regions introduced restrictive measures during the pandemic, due to which the number of vehicles on the roads decreased.

In general, according to Rosstat, in 2021, mortality from road accidents decreased by only 1.3%, and in 2017-2019 the decrease was 4.7-5.3% annually. This rate of decline is not enough to achieve the planned results determined by the federal road safety program.

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