Can people in Russia now deprive their license for life for drunk driving?

What is the fine for a second violation under the Code of Administrative Offenses?

According to the provisions of the Code of Administrative Offences, it is considered that a citizen is in the status of having committed an administrative offense during the period of validity of the relevant resolution, as well as for another year after the end. Accordingly, if a person is caught for a similar act during this period, then this is considered a repeat violation . This is defined in Article 4.6 of the Code of Administrative Offenses of the Russian Federation.

If arrested, the person will be suspended from driving the car and given a fine. Further punishment is determined in accordance with the provisions of the Criminal Code of the Russian Federation.

Controversial situations during detention

Trying to avoid punishment if the driver is actually drunk will not lead to the desired result. Traffic police officers who notice a drunk person driving a car will immediately conduct a breathalyzer test and record its readings, which are higher than 0.16 milligrams of ethyl alcohol per liter of exhaled air.

If you disagree with the device data, the person will be sent for a medical examination. The procedure is a blood test. If it shows 0.3 or more grams of ethyl alcohol per liter of blood, then the driver will be declared drunk.

To be fair, it should be said that sometimes a breathalyzer test can show the alcohol content, even if the person has not drank alcohol . Some fairly harmless products, for example, chocolates, tangerines, can affect the device for determining ppm as if the driver had consumed strong drinks in small quantities.

In this case, it is recommended not to resist and undergo a medical examination - it will show a more accurate picture. But if you refuse a medical examination, you will have to be punished, since this action is automatically qualified as “drunk driving.”

There is also an option in which you can get rid of the punishment if the documents were filled out incorrectly during the arrest . In this case, the case may not be tried in court, and the culprit is acquitted.

Criminal liability for driving drunk twice

The measures provided for by the Criminal Code of the Russian Federation are applied to drivers who drove drunk twice in one year. This threatens him with the use of measures defined in Article 264.1 of the Criminal Code of the Russian Federation.

1. Fine from 200 thousand to 300 thousand rubles. or equal to the salary received by a citizen for 1-2 years.
2. Mandatory work lasting up to 480 hours.
3. Forced work with a maximum period of 2 years.
4. Serving a sentence of up to two years.

In addition, for up to 36 months , a citizen will be prohibited from working in certain positions or conducting certain activities.

The final penalty for repeat drunk driving may be limited to one or more penalties. Each case is individual and the court takes into account specific circumstances when considering the case.

More information about criminal penalties for drunk driving.

Assignment and execution of sanctions

After establishing the fact that the motorist is exposed to intoxicating substances, the traffic police officer draws up a protocol. In the document, the inspector records all significant circumstances of the case. After this step, in accordance with Federal Law No. 509, adopted on December 27, 2021, the case is transferred to the judicial authority.

If the violation is not burdened with serious circumstances and the driver is involved in administrative proceedings, the case is transferred to the magistrate's court. The inspector will send the completed papers to the district court only if a criminal offense appears.

It must be borne in mind that the intended punishment does not depend on the degree of alcohol intoxication: even with one extra ppm, the driver will bear full responsibility for driving while intoxicated. The punishment is determined by the accompanying circumstances of the case, which the driver, with due legal knowledge, can present in a favorable light.

After the decision is made, the owner of the vehicle is notified. It is worth pointing out that the culprit may or may not be present during the hearing of the case.

What happens if you are caught driving drunk a third time?

There is no separate article in the legislative acts that would indicate the measures applied to drivers for driving while drunk three times. Then you should use the norms of Article 32.7 of the Code of Administrative Offenses (clause 3), which states that in this case the period of withdrawal of rights is extended .

For example, when for the first time a license deprivation for alcohol was imposed for 2 years and at that time the driver was caught again for the same violation, then after 2 years and 1 day the second period of deprivation of the license will begin. If everything is repeated a third time, then the countdown of the next period of deprivation begins. The result may be a lifelong ban on driving, although there is no such measure in the legislative acts of the Russian Federation.

In addition to the confiscation of rights, for a “triple” violator the court usually imposes all or most of the prescribed measures.

General concepts

Drunk driver

– a person who has taken a certain dose of alcohol/chemicals (including narcotics) that alter consciousness.

Characteristics of a drunk driver:

• dull reaction speed;
• decreased concentration;
• dull pain syndrome;
• distorted perception of the situation.

All these factors negatively affect the speed and quality of perception of things and provoke dangerous situations. Drunk driving is a real danger, both for the offender himself and for other road users.

Is it possible to challenge the repeated deprivation of rights for drunkenness?

Such a court decision can be challenged. To do this, you must file a claim in court, attaching documentary evidence of your innocence. One of the papers that will be required for such a process is a character reference for the guilty citizen. It is possible that the initial decision will be revised and the court will issue a different verdict: mitigation of sanctions or complete acquittal.

You can count on a reduction in the penalty for driving a car a second time while intoxicated only in the absence of serious consequences of the violation or in case of compensation for material damage.

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

If you have been caught driving while drunk and are now awaiting trial (only judges can issue deprivation orders, and the inspector can only draw up a report on the road, which is submitted to the court), then you should pull yourself together and prepare written petitions . They are written in free style in the name of the judge who is presiding over the case and are essentially similar to a statement of request (the judge can reject requests, but only for motivated reasons).

So, if the main task in order to avoid deprivation of rights for alcohol is to look for serious errors during the examination, then your task now is to ensure that the court requests the maximum possible amount of information about your case for this procedure and invites the maximum number its participants.

What should the court ask for if a medical examination took place?

• request documents confirming the existence of an order from the chief physician for admission to the employee’s blood sampling procedure, if blood was drawn (blood can only be taken by a person authorized by the chief physician),
• documents on storage of seals on urine or blood samples,
• a list of workers who took samples for storage, and another petition to invite these workers to court as witnesses,
• certificates and approvals of the doctor who has already specifically carried out the examination,
• a copy of the medical institution's license.

What should I apply for if I was only tested for alcohol on the road?

• to summon the traffic police officer(s) who carried out the examination to court,
• about calling witnesses, if they participated, or attaching a video recording (yours, if you filmed the examination, and this must be done),
• on the inclusion of your witnesses in the case materials, who will indicate what you did before and whose testimony will prove that you did not drink alcohol before driving,
• on the inclusion of documents for the breathalyzer device into the case materials: verification certificate, instructions.

How are the terms of imprisonment calculated if you are caught driving drunk again?

The method of calculating the period of deprivation of rights depends on what kind of punishment was determined in relation to the culprit.

If this is an administrative measure, then the first day will be the date on which the decision came into force. The period of revocation of rights for a second violation begins after the end of the first period.

For example, the rights were taken away on April 5, 2021 for 2 years. Then the last day of this period is April 4, 2021. Consequently, the countdown of the next period begins from 04/05/2019. The period of the driving ban is determined in the same way when committing the following similar violations. In other words, the deadlines add up.

The period of withdrawal of rights is determined differently if the perpetrator is sentenced to imprisonment. Based on Article 36 of the Penal Code of the Russian Federation, if a person is deprived of the right to engage in certain types of activities (in our case, driving a car), then this will be an additional measure. Therefore, its term is determined from the moment the period of the main punishment ends, i.e. imprisonment. Consequently, after release, the countdown of the period of withdrawal of rights will begin. In part 1 of Art. 36 of the Penal Code states that the period of punishment does not include the time when the convicted person was prohibited from engaging in any activity.

For repeated cases of non-compliance with traffic rules, the deadlines are as stated above.

Exactly the same method of determining the first day of deprivation of rights is used in the case of assignment of forced or compulsory work.

Where and how to get your documents after

Immediately after the expiration of the period of deprivation, the motorist must familiarize himself with the procedure for returning a driver’s license and pick up the document. The procedure includes mandatory passage of a medical commission and confirmation of knowledge of traffic rules through testing.

The owner of the vehicle can return the document by contacting the traffic police department to which he handed over the license after deprivation of the right to drive the vehicle. Sometimes the driver cannot go to the same department due to moving.

Every motorist can get the document back, even in another region. The driver's license may be transferred to another department. However, in this case the return period will be extended.

Thus, upon expiration of the period, the owner of the vehicle must follow the instructions provided:

1. Collect the established package of documents, which includes: citizen’s passport;
2. a judge's decision to withdraw a special right;
3. a certificate issued by the traffic police department confirming the delivery of the certificate.

Thus, the procedure for returning rights can be considered relatively simple. As practice shows, the most difficult step is preparing for testing.

Prosecution for repeated drunk driving

This process consists of several stages.

1. It begins with the identification of a violation by a traffic police inspector. This fact is recorded in the documents. Based on these papers, the driver is suspended from driving and sent for a medical examination. If necessary, they may prescribe tests and check-ups at a medical facility.
2. Then the materials are transferred to the traffic police. There they are checked for mistakes made by employees of this organization. When the documents contain gross violations, the proceedings are terminated.
3. If the traffic police determines that a repeated violation has been committed, an employee of this organization draws up a report on the termination of administrative prosecution. This situation requires a criminal investigation.
4. Within three days from the date of drawing up the report, a decision is made to initiate criminal proceedings against the perpetrator. The fact of a violation is recorded in a special accounting book.
5. In controversial situations Art. 223.2 of the Code of Criminal Procedure of the Russian Federation allows for an inquiry. This stage usually lasts one month, but in particularly difficult situations it can be extended to two months.
6. At the end of the above steps, the driver is informed of the suspicion. The features of his new status and his legal status are explained to him. At this stage, the offender can come clean.
7. The next step is filing an indictment. It is necessary to familiarize the accused with this document. Then the act is sent to the prosecutor's office.
8. The prosecutor approves the act. Two days are given for this, after which the case is sent to court.

As you can see, the procedure consists of a fairly large number of stages. But in practice, such cases pass quickly, since most drivers admit their violation. Then the inquiry is carried out in an abbreviated form.

If a driver is caught driving drunk not for the first time, then, just as during the first arrest, he will be deprived of his license. But then this will not be the main, but an additional measure. The punishment itself will be much more severe. A driver who continues to “take it on his chest” before getting behind the wheel is fined larger sums. The court can also deprive a citizen of his freedom or assign him work (of a forced or compulsory nature). Then the period of withdrawal of rights will begin only after release or completion of the period of work. And a “repeated” violator will be prohibited from conducting certain activities or holding certain positions.

Payment Methods

The most commonly used option for paying a traffic police fine for drunk driving is through a bank. Moreover, in almost every financial institution, the driver can repay the amount both through the cash register and using bank terminals. In the first case, he will need to stand in line and, after depositing funds, receive a receipt confirming the fact of payment - it must be kept for presentation to authorized persons in the future.

When using the device, you can again use two methods:

1. The first involves writing down the details of the decision on an administrative offense. The terminal displays information about it. You should check them carefully and only then carry out the transaction.
2. The second is to use the driver's license number and vehicle registration number. Otherwise the procedure is identical.

When using terminals, a commission fee is charged (usually 1%).

In 2021, you can additionally use the following methods to pay off a fine for drunk driving via the Internet:

• payment can be made using electronic services. If a citizen does not have a virtual wallet, then creating one is quite simple - you just need to follow the short instructions on the websites money.yandex, money.mail or qiwi to gain access to the functions, after which all that remains is to link a bank card;
• through the official website of the traffic police;
• using the functionality of the Public Services portal.

Despite the fact that now the most popular option is to visit a financial institution, paying fines using Internet resources is gaining momentum every year, as it is one of the most convenient methods - there is no need to waste time waiting in lines or searching for a terminal. You can deposit money without leaving your home.