What is the penalty for repeated driving while intoxicated while being deprived of a driver’s license and with an outstanding criminal record?

Driving while intoxicated in 2021 implies the imposition of fairly stringent penalties. And this is not surprising, given that a considerable part of road accidents occur due to the fault of drunk drivers, especially when it comes to accidents involving injured pedestrians.

One of the most effective punishment tools is the imposition of a traffic police fine for drunk driving.

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Normative base

Penalties for driving while intoxicated are regulated by the provisions of the main codes of the Russian Federation - administrative and criminal. It is worth paying attention to the following points:

• Art. 12.8 Code of Administrative Offenses of the Russian Federation;
• Art. 12.26 Code of Administrative Offenses of the Russian Federation;
• Art. 12.29 Code of Administrative Offenses of the Russian Federation;
• Art. 264.1 of the Criminal Code of the Russian Federation.

Depending on the individual circumstances of cases of detection of drunk driving in 2021, other provisions may be used. For example, if a driver who drank alcohol before a trip became involved in a traffic accident with victims, then more stringent penalties will be applied to him.

When can they be prosecuted?

Criminal liability occurs in the following cases:

• the previous court decision on the deprivation of rights for driving a car while intoxicated came into force. An offense is not considered repeated when the driver has not received the decision or it has not yet been considered by the court. This also applies to cases where 10 days have not passed since the date of delivery of the judicial act to the violator;
• the previous punishment was related to alcohol intoxication. In other cases, the sanctions of Article 264.1 of the Criminal Code are not applied to the driver;
• less than 12 months have passed since the execution of the previous punishment imposed for drunk driving. These conditions are specified in Article 4.6 of the Administrative Code. After a year or more, the offense is considered as a first, and not a repeat, that is, it implies administrative liability;
• correct registration of the crime. Any violations and errors in recording the event by the inspector call into question the driver’s guilt. All documents, video materials and other evidence must confirm the fact of the citizen’s intoxication.

Punishment

The main instruments of punishment for drunk driving are:

• imposition of a fine in the prescribed amount;
• deprivation of a driver's license for a certain period;
• involvement in compulsory or compulsory work;
• arrest or imprisonment.

Despite the availability of various options for suppressing illegal activities, in most cases the punishment for drunk driving in 2021 is only a fine and deprivation of a driver's license.

Period of deprivation of a document for repeated drunk driving

For repeated disregard of the law, the driver, in addition to the main punishment, is subject to additional sanctions in the form of an extension of the period of deprivation of the special right to drive a vehicle. This measure is recorded in Article 47 of the Criminal Code of the Russian Federation.

The second paragraph of this article regulates: the period of punishment for repeated driving under the influence of intoxicating substances ranges from six months to three years. Statistics on this issue have led to the conclusion that, on average, a judge decides to revoke his or her license for a two-year period.

The fine for drunk driving

In 2021, the amount of the fine for operating a vehicle while intoxicated is determined as follows:

• If the fact of drunk driving is revealed in 2021 for the first time (Article 12.8 of the Code of Administrative Offenses of the Russian Federation) - 30 thousand rubles.
• In the initial refusal to participate in a medical examination (Article 12.26 of the Code of Administrative Offenses of the Russian Federation) – 30 thousand rubles.
• If the driver was drunk and does not have a driving license (Article 12.8) – 30 thousand rubles. The same is true if a citizen with the same status refused a medical examination (Article 12.26).
• If the fact of drunk driving was repeatedly established (Article 264.1 of the Criminal Code of the Russian Federation) - from 200 to 300 thousand rubles.
• If the transfer of control of the vehicle was carried out in relation to a citizen who was drunk (Article 12.8) - 30 thousand rubles.
• When driving a bicycle while drunk (Article 12.29) - from 1 thousand to 1.5 thousand rubles.
• When driving a moped in the appropriate condition (Article 12.8) – 30 thousand rubles.

In all of the above cases, except for the imposition of punishment for driving a bicycle, in addition for drunk driving in 2021, the offender will be deprived of his driver’s license with a maximum period of confiscation of up to 3 years.

How to challenge deprivation of rights

Car owners are interested in the question: how can they take away their license without paying 30,000 rubles? Whether the court will deprive the driver of his license directly depends on whether there is evidence of innocence or grounds for mitigating the sanction. If the court acquits the violator, then both a fine and deprivation of the certificate can be avoided.

The situation of a driver caught for driving while intoxicated will be much more complicated if he evades receiving court notices or ignores calls.

The meeting will be held even if the culprit fails to appear, but this will not do him any good. If the culprit, on the contrary, appeared in court, admitted guilt, repented and cited some circumstances justifying his action, the punishment for repeated driving while drunk may be minimal.

If the court holds the driver administratively liable, you can send a complaint to the court within 10 days from the date the decision was received (delivered) (Part 1 of Article 30.3).

But it is better to start the challenging stage with prevention - this way there is a greater chance of avoiding deprivation of a driver’s license and punishment under a criminal article.

Even at the stage of violation, it is better to involve a lawyer who will help collect evidence from the very beginning.

First of all, the documents are reviewed: whether the procedure for their preparation was followed, whether witnesses were involved.

You will be deprived of your rights only if the fact of intoxication is established, so you need to remember where the examination took place, which of the witnesses and witnesses were present. Perhaps they signed on blank forms. This fact will eliminate punishment.

It is necessary to check the receipt on the breathalyzer and the digital media. You need to find out what kind of device was used, whether it is approved for use, whether there is a certificate and when it was calibrated. It is the facts of violations that will cast doubt on the prosecution.

There are the following grounds for challenge:

1. Representatives of law enforcement agencies performed their functions incorrectly: they did not invite witnesses to witness the drawing up of the act, the protocol of referral for examination and the detention of transport.
2. There is no signature of the culprit indicating familiarization with the documents.
3. The driver was not informed about the examination procedure or the opportunity to express disagreement with the protocol.
4. The judge made a mistake (for example, did not interview available witnesses).

Innocence can also be proven under the following conditions:

1. The presence of witnesses that the driver simply drank alcohol in his car, which was not in motion.
2. A medical examination was carried out confirming the absence of alcohol in the blood (you can’t hesitate).

Many people are interested in whether it is possible to return their rights early after their deprivation. You can get your license back after being deprived of it a second time by contacting the traffic police department where you originally surrendered it.

To do this, the interested person submits a separate application one month before the end of the deprivation period.

You first need to take care of passing exams and paying any fines owed to the driver.

Repeated punishment

Previously, a driver who got behind the wheel drunk again was only subject to administrative liability. However, after the entry into force of Federal Law No. 528 of 2014, criminal penalties are provided for citizens who drink and drive.

Instruments for repeated punishment for driving a vehicle while intoxicated are used in situations where the previously imposed punishment has not yet expired or less than 12 months have passed since the return of rights.

In this case, the fine for drunk driving in 2021 increases significantly and amounts to up to 300 thousand rubles and at least 200 thousand rubles. In some situations, collection can be carried out based on average earnings for a period of 12 to 24 months.

If during the trial it is revealed that only one financial punishment is insufficient, in addition to the violator other penalties may be applied: compulsory or forced labor, as well as imprisonment.

What happens to the car of a drunken offender?

Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation implies the detention of a vehicle for the offenses in question and its transportation to a specialized parking lot.

However, part two of the same article states that the detention of a car can be terminated directly at the scene of the violation if there is a person who can drive it without violating traffic rules and other regulations.

Simply put, if the driver who violated the rules finds someone who can get behind the wheel without breaking the laws, then the vehicle can be transferred to him. Otherwise - to the impound lot.

Drunk driving is one of the most serious offenses associated with driving a vehicle. Of course, it is better to avoid such situations, but if trouble has already happened, you need to contact professionals - without their help you can get the maximum possible punishment for drunk driving.

Is there a discount for paying a fine?

From 2021, when paying off traffic police fines, a citizen can take advantage of the right to receive a 50% discount. This condition is intended to encourage drivers who have violated traffic rules to pay the amount due within the period approved by law. However, to obtain the opportunity in question in 2021, two rules must be met:

1. The first is to comply with the deadlines - 20 days are allocated for preferential repayment from the date of the decision on punishment.
2. The second clarifies that not every offense falls within the scope of the provided discount.

You should not expect to pay only half of the amount in 2021 in the following cases:

• upon detection of the fact of repeated driving of a car that has not passed the registration procedure in accordance with the normative procedure;
• if you repeatedly exceed the speed limit by more than 40 km/h;
• when passing through a prohibitory traffic light signal again;
• when re-entering the oncoming lane;
• in cases of traffic violations that cause mild or moderate damage to health;
• upon refusal to undergo a medical examination;
• when driving drunk or when transferring control to a drunk person.

That is, if the driver was caught in a state of intoxication, he must pay the fine imposed for drunk driving in full - no discount is provided in this case.

Prosecution procedure

This process consists of several stages and begins with the registration of a protocol by the traffic police inspector who stopped the drunk driver who was driving the vehicle.

A traffic police officer conducts an on-site examination and, if necessary, removes the culprit from participating in traffic.

The offender may also be sent for a medical examination, accompanied by an inspector.

If the results of the breathalyzer and analyzes of biological materials are positive, the medical institution issues a corresponding report.

This is how the procedure for bringing to justice begins; in general, it involves the following stages:

1. detection of an offense by an inspector and its subsequent recording.
2. transfer of materials to the traffic police.
3. detection of crime. At this stage, it is determined whether this is a repeated violation or the first.
4. criminal proceedings. Within three days, the court opens criminal proceedings on the basis of documents received from the State Traffic Inspectorate (report, protocol and other documents).
5. inquiry. It can last up to a month, in particularly difficult cases – up to two. It is carried out when it is necessary to study all the evidence in the case.
6. notification of the offender that he has been assigned the status of a suspect.
7. issuance of an indictment. After the driver familiarizes himself with this document, the report is sent to the prosecutor's office.
8. confirmation of the accusation. The prosecutor is given up to two days to approve the act, after which the act is sent for consideration to the court.

The procedure for bringing to justice is established in Article 264.1. In practice, the process rarely includes an inquiry stage, or it is carried out in an abbreviated form. Article 266.6 provides for a period of no more than 15 days for this procedure.

Deadline for payment of fine

Many citizens are still confused about the need to pay a fine within a month from the date of purchase of the resolution. In fact, current legislation has long had a different procedure for calculating the period for repaying the assigned fine amounts.

First of all, it is necessary to clarify that the countdown of time begins only after the expiration of the period during which the violator can legally appeal the court decision on the offense - he is allocated 10 calendar days for this from the date of receipt of the decision.

If the driver decides not to take any action, then after this period to fulfill the assigned obligations to implement the penalty measure, he is given 60 days to pay the fine.

That is, in general, a citizen gets 70 days to find money and pay the fine for drunk driving.

The same is true in relation to the so-called “chain letters”. It is worth clarifying that the calculation of the period begins after the direct purchase of the resolution at the post office.

However, even such a long period does not always allow a person to prepare for full repayment of the foreclosure. For example, if the fact of drunk driving is repeatedly detected, the offender may be required to pay an amount of 300 thousand rubles, which is extremely difficult for many people to find within 70 days.

In this case, you can use two provided tools - deferment of the fine for drunk driving, when the time for payment increases by a maximum of one month, and its installment plan - in this situation, the duration of the period increases by three months.

To implement them in 2021, you will need to send a corresponding application to the court department that issued the decision to impose a fine. In this case, you will need to document your difficult financial situation. Usually, a certificate of family composition and a certificate of income are sufficient.

When to start counting the penalty period

It is a mistake to believe that the period for the entry into force of a punishment begins with the adoption of a decision by the court in the courtroom. However, the period begins to count from the moment the certificate is submitted. The motorist must independently provide his document confirming the existence of a special right to the branch of the State Road Safety Inspectorate. The countdown will begin from the moment you receive the certificate of passing the certificate.

If a driver is charged with driving while intoxicated for the second time in a year, his license is already in the hands of the law. In this case, the additional period will automatically be added to the original one. Other types of liability come into force after the court makes a decision on the case. This case includes, for example, imprisonment.

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.

Consequences of not paying a fine for drunk driving

The law provides for a statute of limitations for paying fines for traffic violations. So, in Art. 31.5 of the Code of Administrative Offenses of the Russian Federation clarifies that if the resolution on an administrative penalty is not implemented within two years, then after this period the citizen is released from the need to pay the prescribed fine for drunk driving.

If the car owner has ignored the 70-day period allotted by law to fulfill the assigned obligations, traffic police officers transfer the case to the Federal Bailiff Service, who will then deal with the write-off of the money.

Many citizens in 2021 pin their hopes on the employment of bailiffs, so they do their best to avoid paying off the debt on the fine. However, it is important to consider that if the fine is not paid, you will not be able to get your driver’s license back.

Moreover, if the authorized persons nevertheless “catch” the violator, he will lose much more than the previously assigned amount - the amount of the fine for drunk driving, which must be repaid, will be doubled.

Additionally, other sanctions instruments can be applied:

• involvement in compulsory work up to 50 hours;
• imposing a ban on leaving the territory of the Russian Federation;
• administrative arrest for up to 15 days.

Therefore, you don’t need to hope for luck or for the bailiffs to be busy - it’s better to deal with the fine for drunk driving in advance, so as not to get into even bigger troubles in the future.

If the period of deprivation has passed

In a situation where the period for revocation of the right to drive has expired, but you have not taken back your driver’s license (regardless of whether you passed the exam for return and fulfilled other conditions), 2 sanctions can be applied:

• according to the law - part 2 of article 12.3: a fine of 500 rubles or a warning,
• in practice, it is possible for a traffic police inspector to use Part 1 of Article 12.7 of the Code of Administrative Offenses as for management in the absence of the right to such management - here the fine ranges from 5,000 to 15,000 rubles.

The second punishment is illegal, because according to the law in force in 2021, the right to drive is returned at the end of the corresponding period. You just didn’t take the license - a document that only confirms the right to control, but is not such in essence.

However, due to “lawlessness,” the traffic police officer can impose this punishment, which must be appealed.

Tougher punishment

Tightening penalties for driving a vehicle while intoxicated in 2021 occurs in the following cases:

• if the driver is involved in an accident with injuries;
• if he was repeatedly “caught” by traffic police officers under the relevant article;
• if a citizen fled the scene of an accident.

In the future, the Government plans to make penalties even more stringent, since a person must be fully aware that driving while drunk contributes to a direct threat to the life and health of others.

Peculiarities of repeated arrest for driving while intoxicated

Repeated violation, as is known, involves increased punishment. All that a driver can do after recording the fact of driving while intoxicated is to aggravate the situation in the process of drawing up documents and think about a competent defense scheme.

The first step is to check the available documents on the case:

• a protocol containing information about the removal of a motorist from driving a vehicle;
• an act containing evidence of alcohol intoxication;
• document on administrative violation;
• other case materials.

Documents will be considered valid only if there are signatures of both parties: the traffic police officer and the car owner. If arrested for drunk driving again, the driver also has the right to familiarize himself with a copy of the report and the testimony of the witnesses involved.

Liability for drunk driving accidents with victims

If a participant in an accident is a drunk driver and as a result of the incident, harm was caused to a person’s health or death occurred, then the punishment may be as follows:

• imprisonment for up to 4 years – in case of causing grievous bodily harm;
• imprisonment for up to 7 years – upon death of a person;
• imprisonment for up to 9 years – in case of death of two or more persons.

Additionally, in any of the above cases, the driver is deprived of his license for up to 3 years. In addition, he may be subject to forced and compulsory labor.

If, as a result of an accident, minor harm to health was caused, then the penalties are identical for situations where there are no victims at all - a traffic police fine of 30 thousand rubles and deprivation of rights for up to 2 years.

Nuances

The driver needs to understand that alcohol intoxication clearly does not contribute to strengthening reaction and attention. If large volumes of alcoholic beverages have been consumed, then coordination of movement is additionally impaired, and the ability to adequately think and perceive reality is lost.

Therefore, the imposition of punishment in the form of a fine and deprivation of rights for drunk driving is recognized as a completely adequate measure, since such driving automatically poses a potential danger to the lives of both the driver and other road users.