Deprivation of rights for alcohol intoxication for the second time in 2021

Good afternoon, dear reader.

Driving while intoxicated is one of the most serious offenses a driver can commit. Moreover, responsibility for this violation becomes more serious over time.

If a few years ago the driver only faced deprivation of his license, then in 2021 you can “earn” a large fine, forced labor, and even imprisonment.

In this article you will find out what punishment awaits a driver who gets behind the wheel drunk:

• Driving while intoxicated.
• Punishment for a drunk driver without a license.
• Repeated driving while intoxicated.
• Transferring control to a drunk driver.
• Table of penalties for drunk driving.
• Discount for paying fines.
• Amnesty for those deprived of their rights.

Liability for drivers while intoxicated is provided for by the following regulatory documents:

Code of Administrative Offenses Article 12.8 Code of Administrative Offenses Article 12.26 of the Criminal Code of the Russian Federation Article 264

Driving while intoxicated

The simplest option is for the driver to get behind the wheel while intoxicated:

1. Driving a vehicle by a driver who is intoxicated, if such actions do not constitute a criminal offense, -

shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

The driver expects:

• deprivation of rights for a period of 18 to 24 months ;
• fine 30,000 rubles .

Punishments are imposed simultaneously.

Note. The exact same punishment awaits the driver who refused a medical examination for intoxication (Part 1 of Article 12.26 of the Administrative Code).

Deprivation of rights without medical examination

A driver who refuses to undergo a medical examination for intoxication will be punished in the same way as a drunk person - with a large fine and deprivation of the right to drive.

What makes individual citizens choose an alternative path?

Most often, drivers who are under the influence of drugs or drinking a large amount of alcohol refuse to determine the degree of intoxication.

The consequences of failure are equivalent to those that arise if alcohol is detected in the driver’s blood. A protocol is drawn up against the offender, to which he must sign.

Otherwise, signatures must be placed by witnesses under the proposal stating that the driver refused to undergo the examination.

Punishment for a drunk driver without a license

The following variant of the violation is when a driver, deprived of his license or initially without one, is caught by the police while intoxicated:

3. Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles, if such actions do not contain a criminal offense -

entails administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons against whom administrative arrest cannot be applied in accordance with this Code in the amount of thirty thousand rubles.

The driver will face one of the following penalties:

• administrative arrest for 10 - 15 days ;
• fine 30,000 rubles.

Please note that the fine is imposed only on the following categories of citizens:

• pregnant women;
• women with children under fourteen years of age;
• persons under the age of eighteen;
• disabled people of groups I and II;
• military personnel;
• citizens called up for military training;
• employees of the Investigative Committee of the Russian Federation, internal affairs bodies, bodies and institutions of the penal system, troops of the National Guard of the Russian Federation, the State Fire Service and customs authorities with special ranks.

Everyone else will be arrested.

Note. The exact same punishment awaits a driver who does not have a license and refuses a medical examination for intoxication (Part 2 of Article 12.26 of the Administrative Code).

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.

Repeated driving while intoxicated

The punishment for repeated violation deserves special attention. Let me remind you that a repeated violation is committed within 1 year from the end of the previous period of deprivation. In this case, the date the license was returned to the driver is important.

Let's consider article 2641 of the Code of Administrative Offenses:

Driving a car, tram or other power-driven vehicle by a person who is intoxicated, who has been subjected to administrative punishment for driving while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or who has a criminal record for committing a crime while intoxicated. provided for by parts two, four or six of Article 264 of this Code or this article -

shall be punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

So, for a repeated violation, the driver will receive one of the following penalties:

• Fine 200,000 - 300,000 rubles .
• A fine in the amount of the convicted person’s income for 1 to 2 years.
• Compulsory work for up to 480 hours.
• Forced labor for up to 2 years.
• Imprisonment for up to 2 years.

In addition, in addition to the penalties listed above, the driver will be deprived of his license for up to three years.

Please note that the crime is criminal, i.e. the driver may receive a criminal record . In this case, a criminal record is retained for 3 years (in case of imprisonment) and 1 year (for other punishments).

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.

Transferring control to a drunk driver

In addition to the driver himself, who is in a state of intoxication, the person who handed over control to the drunk may also be held liable:

2. Transferring control of a vehicle to a person who is intoxicated –

shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

In this case, the following penalties will be imposed on the driver (at the same time):

• deprivation of rights for a period of 18 to 24 months;
• fine 30,000 rubles .

Thus, the person who handed over control to a drunk receives exactly the same punishment as the driver himself while intoxicated.

Paragraph 12 of the resolution of the plenum of the Supreme Court No. 20 of June 15, 2021 contains the following features of bringing to justice :

1. For transferring control to a person in a state of intoxication, not only the owner of the car, but also another driver who directly transferred control to the drunk can be punished.

For example, the car belongs to Alexander. Alexander transferred control of the car to his son Boris by proxy. Boris handed over control to his friend Vadim, who was intoxicated.

In this case, it is not Alexander, who owns the car, who should be punished for transferring control, but Boris, who directly transferred control to the drunken Vadim.

2. The fact that control was transferred to a drunk driver must be proven by an official.

For example, if a drunk driver independently took the car keys from the shelf, and the owner of the car did not even suspect it, then no punishment should be imposed.

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.

Table of penalties for drunk driving

Let's look at all the penalties listed above in table form:

What is the fine for drunk driving without a license?

A person who does not have a driver's license will be prosecuted for driving while intoxicated. The punishment applied varies depending on a number of conditions.

For example, let's look at the following typical situations:

• The driver of a vehicle who drove a car while intoxicated, which was confirmed by a blood test that showed more than 0.15 ppm, will pay a fine of 50 thousand rubles, plus he will be deprived of his license for a period of one and a half to two years;
• For a repeated violation of this type, in addition to a huge fine, criminal liability and punishment in the form of correctional labor or arrest are possible;
• For driving a vehicle while under the influence of drugs, there will definitely be deprivation of rights and criminal liability;
• For committing a traffic accident while intoxicated, the punishment will be even more serious. And in the event of a fatal outcome for the victim, in addition to fines and deprivation of rights, the perpetrator will also face criminal punishment in the form of imprisonment.

At the same time, a traffic accident while intoxicated is not an insured event, and the insurance company will not make any payments.

What penalties apply to the driver?

A driver who drove a vehicle while intoxicated without a driver's license is subject to administrative arrest for a period of 10 to 15 days and a fine of 3 thousand rubles if the license was lost or was not with him, and 15 thousand rubles if no rights at all.

A fine of 50 thousand rubles is applied to those persons to whom administrative arrest cannot be applied by law.

Drivers who twice refused to undergo a medical examination are subject to punishment in the form of arrest or correctional labor.

For committing an accident while drunk, a person who does not have a driver's license is subject to criminal liability.

There are cases when the driver has been drinking, does not want to drive, and gives control of the vehicle to a person who does not have a license.

In this case, the car will be placed on a fine site, the owner of the car will pay 30 thousand, and his friend – 15 thousand rubles.

If the friend also happens to be drunk, then both face fines and deprivation of rights, and under certain circumstances, criminal liability is possible.

What happens if you are caught driving drunk a second time? Read here what to do if you are deprived of your license for drunkenness.

Find out how to challenge the deprivation of rights for drunkenness at the link:

This is possible if the driver gave control of the vehicle to a person who does not have a license and is intoxicated, and this person causes a traffic accident.

In practice, there are cases when the owner of a car states that he did not transfer the vehicle to a friend, he drove away on his own.

In this case, such a situation may be considered as theft of a vehicle, and such an offender will be sent to prison under several articles of the Criminal Code.

Some features of punishment that you should be aware of:

• A repeated offense is one that is committed within a calendar year after receiving rights under a previous deprivation;
• If, during a traffic accident, the culprit of the tragedy fled the scene, then he is automatically considered drunk, and he will be punished taking into account this sign. And this is not only deprivation of a driver’s license, but also deprivation of liberty;
• Drivers who were sober at the time of the stop by police officers, but who drank alcohol after checking their documents and taking a breathalyzer test, are also subject to such punishment;
• If a driver refuses to undergo a medical examination, and has previously been deprived of his license for driving while intoxicated, then such a refusal is regarded as a repetition of the violation, and appropriate sanctions are applied, in the form of arrest, deprivation of rights and a fine;
• If, when conducting an analysis using a breathalyzer, an air sample shows a positive result, and the driver insists that he did not drink alcohol, then in such cases it is mandatory to undergo a medical examination. After all, a positive test can be given by drugs or drinks based on fermentation. A traffic police officer is required to accompany the driver to a medical facility.

Drivers should make a conclusion for themselves: don’t drink and drive, and if you get caught, don’t shirk responsibility, draw your own conclusions. Otherwise, the consequences can be dire, and prison cannot be avoided.