Driving while intoxicated is considered one of the most dangerous and serious violations, no matter whether it is drugs or alcohol. The temptation to drive, especially if you have had a little drink or the night before, is very strong. You don’t want to ride on a cold bus when your favorite warm, cozy car is standing outside the windows. But this act is very dangerous both for the driver himself and for the passers-by around him, other drivers and ordinary buildings and vegetation. We will look into the consequences of such driving for a violator in this article.
There are only two most common options when a citizen is caught violating while intoxicated. The punishment for them is very strict, not only does the financial situation of the accused suffer, but he can also be imprisoned or perform useful community service for a long time.
The sentence is imposed depending on the nuances of the situation, but, in general, the punishment will undoubtedly be severe with a suspension from driving for a specific period.
And so, the violation options:
- The law has been broken for the second time. The person was previously deprived of his license for driving while intoxicated, but currently has a license.
- The law has been broken for the second time. The person was previously deprived of his license for driving while intoxicated, but currently has no license.
How and for what they are deprived of rights
Who deprives? Only a court can deprive rights. This means that the inspector only fills out the protocol, and the judge makes the decision.
Why are they deprived? This table contains all the offenses for which a driver can be deprived of a driver’s license:
| Violation | Period of deprivation | Article of the Administrative Code |
| Got behind the wheel drunk | 1.5-2 years with a fine of 30,000 | 12.8 |
| The owner gave the car to a drunk | 1.5-2 years with a fine of 30,000 | 12.8 |
| Refused a medical test for intoxication | 1.5-2 years with a fine of 30,000 | 12.26 |
| Drank at the scene of an accident while waiting for the traffic police | 1.5-2 years with a fine of 30,000 | 12.27 |
| Left the scene of an accident | 1-1.5 years | 12.27 |
| Caused slight harm to the victim | 1-1.5 years | 12.24 |
| Caused moderate harm to the victim | 1.5-2 years | 12.24 |
| Exceeded the speed by 60-80 km/h | 4-6 months, for repeat – up to a year | 12.15 |
| Exceeded the speed limit by 80 km/h or more | 6 months, for repeat – up to a year | 12.9 |
| I ran red again | 4-6 months | 12.12 |
| Drifted into oncoming traffic or oncoming tram tracks | 4-6 months, for repeat – a year | 12.15 |
| Driving in the opposite direction on a one-way road | 4-6 months, for repeat – up to a year | 12.16 |
| Didn't miss a car with a flashing light | 3-12 months | 12.17 |
| Driving without registration plates or with unreadable ones | 1-3 months | 12.2 |
| Driving with fake signs | 6-12 months | 12.2 |
| Got behind the wheel of an unregistered car again | 1-3 months | 12.1 |
| Driving along railway tracks outside a crossing, with a closed barrier or on a red light | 3-6 months, for repeat – a year | 12.10 |
| I drove a car with headlights whose color differs from the permitted ones - white, yellow or orange | 6-12 months | 12.5 |
| Illegally installed flashing lights | 1.5-2 years | 12.5 |
| Was in a car with a fake emergency services livery | 1-1.5 years | 12.5 |
| Driving children at night in violation of the rules | 4-6 months | 12.23 |
| Carrying oversized cargo | up to six months | 12.21.1 |
| Transported dangerous goods with violations | 4-6 months | 12.21.2 |
Unified mechanism for terminating the rights of a drunk driver
The reduction in mortality was achieved by improving road infrastructure in large regions, as well as by improving the quality of vehicles and updating the vehicle fleet. However, further efforts to reduce car crash casualties require action on other fronts. First of all, this is working with drivers to prevent violations, fostering a driving culture, as well as removing drunk drivers from the roads whose addiction to alcohol has turned into a dangerous addiction for others.
“By getting behind the wheel in such a state, a person creates a threat to the lives of road users, so an instruction has been given to consider the possibility of tightening penalties up to and including criminal punishment,” the Deputy Prime Minister said in an interview with Kommersant. It is planned that for systematic drunk driving, a citizen may lose the right to drive not only a car, but also other modes of transport. We are talking about snowmobiles, special equipment, as well as water transport. If a citizen is deprived of a driver's license for systematic drunkenness while driving, then he will not be able to drive jet skis, boats, yachts, as well as pilot airplanes and helicopters or work on railway transport. The Ministry of Internal Affairs, together with the Russian National Guard, Rostekhnadzor, the State Inspectorate of Small Boats of the Ministry of Emergency Situations and the Federal Air Transport Agency must work out a unified mechanism for terminating (limiting) the rights of a drunk driver to drive all types of transport. Moreover, for repeated violations, the deprivation of rights is planned to be lifelong.
A driver with a gadget is worse than a drunk driver. The main “disease” of modern drivers Read more
Types of penalties for driving without a license after deprivation
Sober. If a citizen is deprived of his license, but he gets behind the wheel again, there will be a fine of 30,000 rubles.
In a state of intoxication. Here the severity of the sanction depends on what the citizen was initially guilty of:
- if your license was revoked not for driving while drunk, but, for example, for repeatedly running a red light, then for driving without a license while drunk you will be arrested for 15 days;
- if for driving while drunk, and the driver again drove the car while intoxicated, such a crime will result in a fine of up to 300,000 rubles or a prison term of up to 2 years.
No traffic violations. In this case, you will only be punished for driving without a license. The degree of punishment depends on whether the driver was sober at the time of driving and whether there was a previous imprisonment for drunk driving. Options range from a fine of 30,000 rubles to a prison term of 2 years.
In violation of traffic rules. In addition to the penalties described above, a fine will be added for violating the rules. This can happen if a driver who has been deprived of his driver’s license drove under a “brick” into the yard. He will receive two fines: 30,000 rubles for getting behind the wheel after being deprived of it, and 500 rubles for not taking into account the instructions of the road sign.
With a traffic accident. An accident almost always occurs due to a violation of traffic rules.
This means that if a driver who has been deprived of his license causes an accident, he will also be punished for violating traffic rules, for example, for speeding.
Refusal of examination
A traffic police inspector, having stopped a citizen who, in his opinion, was driving a car while intoxicated, is obliged to conduct an examination for alcohol intoxication. This is done on site using a breathalyzer. The permissible dose of alcohol in concentration is up to 0.16 milligrams of absolute ethyl alcohol per liter of exhaled air.
Any citizen has the right to refuse to undergo this procedure . This does not serve as a reason for depriving him of the right to drive transport.
In cases where the test for alcohol intoxication shows that the driver is drunk, or the person driving the car refuses to undergo this procedure, a medical examination procedure is prescribed (for the state of alcohol and drug intoxication). This is done using a blood test. The permissible dose of alcohol in the blood is less than 0.3 mg of ethyl sulfate per 1 liter of blood.
By law, any citizen has the right to refuse a medical examination for intoxication, which is carried out in a specialized institution. However, this automatically amounts to him pleading guilty to an offence.
More information about a driver’s refusal to undergo a medical examination can be found here.
What laws regulate driving without a license?
Let's look at all the articles of the Administrative and Criminal Codes that impose penalties for driving after deprivation of rights.
| Violation | Punishment | Article |
| Got behind the wheel after losing my license | Fine 30,000 rubles, arrest for 15 days or forced labor for up to 200 hours | 12.7 Code of Administrative Offenses |
| Got behind the wheel drunk after being disqualified | Arrest up to 15 days | 12.8 Code of Administrative Offenses |
| Got behind the wheel drunk after being imprisoned for drunk driving | Fine up to 300,000 rubles or prison up to 2 years | 264.1 CC |
Responsibility for repeated violation
Of course, unfortunate drivers who get behind the wheel without a license and while drunk again commit a crime. A repeated violation of this kind is punishable under Article 264.1 of the Criminal Code of the Russian Federation dated June 13, 1996 (as amended on July 29, 2021). In this case, a monetary penalty of up to 400 thousand rubles is imposed. In addition, the violator is deprived of the right to hold certain positions for up to three years. The latter must be indicated in the sentence.
If you are unable to pay the fine, it will be divided into parts, your property will be taken away, or your salary will be deducted for 1-2 years.
Information about offenses is stored in the database for 1 year after you return the permit. So, if you already have administrative restrictions, do not violate traffic rules again. This will make the situation worse.
Remember
- Rights are revoked for dangerous deviations from traffic rules. For example, for drunk driving or exceeding the speed limit by 80 km/h.
- The decision to confiscate a driver's license is made only by a judge. The traffic police officer does not have such powers - he only writes out a protocol.
- If the driver was driving the vehicle after his license was suspended, he will be punished - the severity is determined by the circumstances.
- Possible punishment for driving without a license after deprivation is from a fine of 30,000 rubles or arrest for 15 days to a prison term of 2 years.
- Driving with a fake license will result in up to a year in prison.
All articles by the author: Evgeniy Lesnov
Deprivation of rights in 2021: advice from experienced car lawyers
If you find yourself in one of the situations described above, then it would be a good idea to familiarize yourself with some procedural aspects, namely:
The protocol has been drawn up, but the license has not yet been taken away: how to drive?
It is important to know that the traffic inspector does not have the right to deprive the driver of his driving license. Issues of deprivation of rights are within the competence of judicial authorities. The deprivation procedure is lengthy because it involves:
- Collection of materials.
- Referral of the case to court.
- Consideration of the case at a meeting.
- Making a decision.
After the court decision comes into force, the violator has a 10-day period within which to appeal to higher authorities.
My license has been revoked: can I drive?
On absolutely legal grounds, a person can drive a vehicle until the appeal period expires. However, if the violating driver gets behind the wheel drunk again before the court ruling regarding the deprivation comes into effect, then the punishment for him will become more severe!
In such a situation, he will be subject to double deprivation of his driving license (according to Article 32.7 of the Code of Administrative Offenses, the terms of deprivation will be cumulative). Moreover, from a legal point of view, there is no repetition of the violation in this case, and, as a result, criminal liability does not arise.
There is one procedural nuance here: the terms of deprivation of rights and administrative punishment may not coincide in duration. Thus, when you take away your car license after the expiration of the period for which it was confiscated, it is important to remember that the administrative penalty is still in effect. At the same time, committing a repeated violation during the period of its validity entails criminal liability.
There is only one way out, and it is quite simple: you can protect yourself from the risk of falling under criminal liability only by completely abstaining from drinking alcohol before and while you are driving a vehicle.
Regarding the materials of the criminal case, it should be noted that they must contain a copy of the decision on administrative punishment (with a note about the entry into force).
In addition, there must be information about the execution of such a punishment, as well as whether there was an interruption during the execution (Article 31.9 of the Code of Administrative Offenses).
How to return a driver's license if it was taken away?
The law does not provide for ways to return a car license after a court has decided to confiscate it and the period for appealing such a decision has expired. Here, any return options can immediately be considered illegal!
It follows from this that if you are deprived of your rights for some reason, you should give up driving the vehicle and not tempt fate. After all, when checking documents, the traffic inspector will quickly reveal the absence of a driver’s license, and then such a would-be driver will face quite a significant punishment.
It is important to remember and understand the full extent of the risk that you expose yourself to when deciding to drive without a license (after deprivation). We are confident that, having objectively assessed the possible consequences, any sensible driver will abandon the idea of driving without a license!
Last update: 03/27/2021
