A repeat offense is an administrative offense related to a specific violation of the Traffic Rules, which is committed by the driver twice in one calendar year (12 months). In order for an offense to be qualified as a repeat offense, it must be similar (homogeneous, identical) to a previous violation for which the driver was already deprived of his license (Article 4.6 of the Code of Administrative Offenses of the Russian Federation). In case of confiscation of the driver's license, the violation of traffic rules that occurred within one year after the expiration of the previous deprivation will be repeated.
For repeated violations of traffic rules (relapses), drivers will face a more severe punishment than in the usual case. For example, for repeated driving while intoxicated, the driver will face criminal penalties. This could be a regular fine of 200-300 thousand rubles, or imprisonment for up to 2 years.
What fine is issued for violating traffic rules for the second time?
In accordance with paragraph 2 of Art. 4.3 of the Code of Administrative Offenses of the Russian Federation, repeated commission of an administrative offense is considered an aggravating circumstance. In this regard, he is punished more severely - with increased fines, repeated deprivation of driver's license and other penalties. The consequences of repeated violation of a specific provision of the Traffic Rules are discussed in many articles of the Code of Administrative Offenses of the Russian Federation.
For example, let's look at clause 3 of Art. 12.12 of the Code of Administrative Offenses of the Russian Federation, which indicates the extent of liability for driving through a red traffic light:
Repeated commission of an administrative offense provided for in Part 1 of this article shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.
A driver who commits a repeated offense involving the deprivation of a license, namely driving while intoxicated, will face a much more serious punishment. What are the dangers of such a love of drunk driving? To do this, let us turn to Article 261.1 of the Criminal Code of the Russian Federation, which provides for punishment for violation of traffic rules by a person who has already been subjected to administrative punishment for a similar offense.
A car owner who is repeatedly caught driving a vehicle while intoxicated (including if he refuses to undergo a medical examination to determine the degree of intoxication at the request of traffic police inspectors) will face the following penalties:
- a fine in the amount of 200 to 300 thousand rubles (or the income of the convicted person from 1 to 2 years);
- compulsory work for up to 480 hours;
- forced (public) labor for up to 2 years;
- imprisonment up to 2 years.
To each of the above types of punishments, deprivation of the right to engage in certain activities or hold certain positions for a period of up to 3 years will be added. In our case, we will usually only talk about deprivation of a driver's license for a similar period. But a more severe punishment in the form of a ban on working in a certain profession is also possible.
Let us answer the question, how much is the fine for confiscating a driving license for the second time? From 200 to 300 thousand rubles or more (or less), if the guilty driver, for example, has an annual income that is incommensurate with the indicated amounts. Both to a lesser and to a greater extent.
What happens if you are caught drunk driving without a license?
Today, the law establishes that when analyzing your breath using a breathalyzer, the permissible minimum value is 0.16 ppm of absolute alcohol in the air you exhale.
Before this, three years ago, the permissible value on the device, according to which you could not be accused of being drunk, was zero ppm.
But since the instruments could operate with errors, his data were often questioned and led to many trials.
After all, if you drank kefir or kvass, the device will show that when you exhale there are alcohol vapors, and in people with stomach disease, the tester recorded ppm due to the high content of internal alcohol.
Those who are ignorant of the principle of how a breathalyzer works think that 0.16 ppm is the highest permissible value at which a driver’s license will not be revoked for driving while intoxicated.
But the fact is that in the law this figure only indicates the error of the device, and does not count in units the residues in the breath after drinking.
If the breathalyzer recorded a figure higher than this value, then the driver most likely drank after drinking the day before, or drank before getting behind the wheel, or even while driving.
But this does not mean that you can drink while driving even in small quantities, since the allowed minimum 0.16 ppm in the device readings relieves you of responsibility. After all, you may be unlucky and you will be deprived of your rights quite officially.
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:
If you got caught for the first time
According to Article 12.8, if you are caught driving while drunk for the first time, your license may be revoked for a maximum of 2 years and a fine of 30 thousand rubles will be issued. You can, of course, try, as an option, to resolve the situation in court until the verdict is passed.
Allowed a drunk to ride
According to Article 12.6, if you are stopped, and you are not only drunk, but also not in your own car (let’s say you took it for a ride from friends), then responsibility will fall not only on you, but also on the owner of the car, namely deprivation of rights from 1 ,5 to 2 years and a fine in the amount of 30,000 rubles.
Once again caught drunk driving
If the driver is caught by traffic police inspectors for the second time while intoxicated while driving, then he will again face a fine, but this time increased to 200 thousand rubles, and this will also be regarded as a criminal offense.
So, if the driver is stopped a second time and it turns out that he is drunk, then he is liable in the form of a fine of 200 to 300 thousand rubles, deprivation of the right to drive a car for a period of 2 years, and may also be sentenced to perform compulsory work.
Clause 264.1 has been added to the Criminal Code of the Russian Federation, which states that for repeated driving of a car while intoxicated or refusal for the second time to undergo a medical examination to determine blood alcohol content, the offender can be held criminally liable.
Remember that refusing a medical examination, by law, automatically determines you as guilty of a violation (driving drunk), so you should not refuse this procedure, even if you are in a hurry.
Liability of a drunk driver for a first offense
We have already figured out what the consequences for road users are for repeated driving while intoxicated. Now let's say a few words about committing such an offense for the first time. In 2021, issues of punishment for driving while intoxicated are set out in several articles of the Code of Administrative Offences.
In most cases, drivers face a fine of 30 thousand rubles and deprivation of rights for a period of 1.5 to 2 years (if drunk driving does not lead to consequences that are punishable under the Criminal Code). This applies to the following cases:
- the driver was caught for this violation of the Rules for the first time;
- the driver refused to undergo a medical examination for alcohol intoxication;
- the owner of the vehicle has transferred the right to drive a car to a person under the influence of alcohol;
- A moped driver was caught drunk.
In the case where the driver not only drove a car while drunk, but was also previously deprived of his license (and this period of deprivation has not yet expired), albeit under a different article, then he will face administrative arrest for a period of 10 to 15 days.
If the arrest is not applicable to the driver for any reason, then instead he will have to pay a fine of 30 thousand rubles. The same measure of responsibility awaits a driver who drove a car without a license and refused to undergo a medical examination.
Punishment for repeated driving of a vehicle while intoxicated
For certain cases, there is a measure to suppress the offense - depriving the motorist of a driver’s license.
It only applies in one situation, if the driver was detained within one year after his license was returned for a previous violation. He may be detained for committing an offense. For example, ignoring traffic rules, driving while drunk.
Moreover, the punishment is not limited to the repeated confiscation of the driver's license. Additional penalties include prison term, correctional labor, and increased penalties, which can reach hundreds of thousands of rubles.
Alternative penalties may be of the following types:
- detention for a period of up to 15 days;
- to a prison term of up to two years;
- deprivation of the ability to drive a vehicle for a period of up to three years;
- to public works for a period of up to 480 hours;
- deprivation of the opportunity to hold certain positions;
- forced labor for a period of up to two years.
Repeated revocation of driver's license for alcohol. How to get your alcohol license back before trial, read here.
Find out how to get your license back after deprivation ahead of schedule:
Article of the Criminal Code of the Russian Federation
Current legislation provides for punishment for repeated driving while intoxicated under the Criminal Code.
It is Article 264.1 that brings to criminal liability all those who like to drive after drinking alcohol. The item was introduced on July 1, 2015, that is, relatively recently.
In addition, the new law regulates the following provision: if a person inflicts serious injuries that lead to death, the driver faces a prison sentence of up to seven years. Previously, such strict punishments were not provided.
Amount of fine
If you repeatedly drive a vehicle while intoxicated, the driver may face a fine of 300,000 rubles.
If he does not pay this fine within the period established by the court, he may face even more serious penalties. Moreover, until the debt is fully repaid, he may not count on getting his driver’s license back.
Violation for a similar offense occurred for the third time
Cases when traffic police officers catch drivers violating similar traffic rules for the third or even fourth time are not uncommon. And although there is no separate article in the law that would prescribe liability for such offenses, there is an interesting clause 3 in Article 32.7 of the Code of Administrative Offenses of the Russian Federation. It talks about punishment in the form of a ban on the use of a special right during a period when the previous punishment has not yet expired:
The period of deprivation of a special right in the event of an administrative penalty in the form of deprivation of the same special right being imposed on a person deprived of a special right begins on the day following the day of expiration of the term of the administrative penalty applied earlier.
In simple words, the punishment in the form of withdrawal of rights for the third, fourth and subsequent times occurs only after the previous period of deprivation has expired. In fact, a person can lose the right to drive a car for life if he commits offenses that require such a penalty many times in a row. That is, the period of deprivation of rights will add up many times, thereby amounting to dozens of years.
But in addition to increasing the term of imprisonment, the driver also faces major liability in the form of fines or other, more severe penalties. A judge will almost certainly apply the harshest penalties to an inveterate repeat offender, including correctional labor or imprisonment.
Repeated deprivation of license for driving while intoxicated
For a drunk citizen who gets behind the wheel, the law provides for penalties in the form of:
- deprivation of driving license for a period of 1.5 to 2 years;
- payment of a fine in the amount of 30,000 rubles.
These measures were provided specifically so that a person would not want to drive a car while intoxicated, and it is very important to protect other road users as much as possible.
How is the procedure for re-revocation of a driver's license carried out?
In 2021, the most severe penalties will be provided for drivers who get behind the wheel while intoxicated. Responsibility will be considered criminal if previously it was administrative.
Everything will depend solely on the severity of the offense:
- You will need to pay a fine, which ranges from 200 thousand to 300 thousand;
- The driver's license may be revoked for three years;
- Require forced community service for up to 480 hours;
- A verdict may be rendered as punishment - forced labor for up to 2 years;
- A citizen can also be imprisoned for up to 2 years.
Usually, the punishment for citizen violators is established by the court if a similar violation occurs repeatedly. A driver’s license can be deprived based on the testimony of the traffic police officers who detained the offender, and a medical examination can also be provided to determine the state in which the citizen was at that moment (whether there was alcohol in the blood or no alcohol).
Many Russians are interested in the question: can a person be acquitted after the case is considered in court?
This scenario is possible, but only if the papers were drawn up incorrectly. On the other hand, the country’s legislative system also provides for a procedure for appealing a court verdict.
This can be done by appealing to a higher court within 10 days from the date of the court’s verdict.
The trial procedure involves legal advice. Competent specialists must consider all the circumstances of the case, and then the court will either issue a new verdict or reject the appeal.
A court order, on the basis of which the driver is deprived of his driving license, obliges the driver to hand over the license within three days to the nearest traffic police department.
Return of driver's license
If the license is re-deprived and the period for its withdrawal expires, the driver can return his driving license only after passing a theoretical exam on knowledge of traffic rules. This measure was applied to violators back in 2013 and continues to apply to this day. It is not necessary to wait until the established period of deprivation has completely expired; you can pass your license after half the term has expired.
If it was not possible to pass your license in advance, then this must be done no later than 2 weeks before the expiration of the deprivation period.
To successfully pass the exam on knowledge of the Rules of the Road, you must correctly answer the exam card, which contains 20 questions. You are allowed to make a maximum of 2 mistakes. But even if there are more mistakes, then in a week you will have the opportunity to take the exam again. The number of attempts to pass the exam to obtain a license is not limited by law. In addition, this procedure is completely free.
You can pass the exam and obtain a license even after the period of deprivation of rights has passed. The driving license will be stored in the traffic police department after the expiration of the deprivation period for another 3 years.
