The legislator prohibits citizens from driving vehicles if they have previously consumed alcohol. For such actions, a fine and confiscation of the certificate are provided. If a citizen is drunk and driving without a license, the punishment will be more severe.
Let's figure out what the driver will be fined for in this case, and whether it is possible to somehow avoid punishment.
Legislative norms
The ban on driving while intoxicated is established at the legislative level. For violating this rule, the driver will be deprived of his license and will also be fined. Repeated violation leads to a significant increase in the amount of the fine.
Even sober citizens are prohibited from using transport without a license. If the driver simply forgot the paper at home, he will be fined five hundred rubles.
The complete absence of this document (that is, it was selected or not completed at all) entails a fine (from 5,000 to 30,000 rubles).
The situation is aggravated if both factors are combined, that is, if the driver does not have a license and is intoxicated. In order to understand what the penalties for such actions are, you need to pay attention to two regulations:
- Code of Administrative Offenses of the Russian Federation.
- Criminal Code of the Russian Federation.
The third part of Article 12.8 of the Code of Administrative Offenses establishes the penalty for the first use of a car without a license after drinking alcohol. The fourth part of the same article contains a description of the punishment for a violation committed a second time.
Important! Second paragraph of Art. 12.8 also establishes the liability of a citizen who handed over his vehicle to a driver who drank alcohol before he began driving the vehicle.
For driving without a license while intoxicated, the offender can also be prosecuted. Article number 264.1 of the Criminal Code states that if a caught driver has already been caught in a similar violation, he may be subject to a fine, and in some cases, imprisonment.
It should be taken into account that in addition to the fine, the driver will have a criminal record, which can negatively affect the future life of the citizen (for example, a criminal record does not allow him to hold certain positions).
Definition of intoxication
After stopping, a traffic police officer can conduct an examination. This procedure is carried out if there are grounds to suspect that the driver is drunk (change in skin tone, slurred speech, smell).
On-site examination is carried out using a breathalyzer.
If a citizen refuses to accept the results or undergo the procedure, he will be sent for a medical examination.
It is carried out by specialists in medical institutions. In addition to a breathalyzer, urine and blood tests may also be used.
What are the dangers of driving drunk?
Liability for driving while intoxicated as a result of taking alcohol or drugs is regulated by Article 12.8 of the Code of Administrative Offences. It states that in 2021, a fine of 30 thousand rubles will be imposed for driving while drunk. with deprivation of driving license for 1.5 - 2 years.
However, the amount of alcohol consumed does not matter. The exact period of deprivation of rights is decided by the judge after considering all the circumstances. In addition, the car is also detained and placed in a special impound lot. To pick up a car, the owner must pay for the services of a tow truck and the time the vehicle is stored in the parking lot.
What will the driver be punished for?
To find out what exactly the punishment will be imposed for, you need to refer to Art. 12.8 Code of Administrative Offences. The third part of this document states that a fine will be issued not only for the fact of driving while intoxicated, but also for the fact that the citizen uses a car without a license. That is, a fine is issued simultaneously for both violations.
Attention! If a driver loses his license due to driving while intoxicated, the status of the offense changes, and the citizen will face criminal rather than administrative liability.
In this case, the fact that the violation is repeated is taken into account, that is, the previously taken measure did not affect the violator. Therefore, the punishment is becoming tougher.
If the driver is drunk and without a driver's license
It is logical to assume: if the violation is double, then the punishments should be summed up. But that's not true. There is even a separate article (12.8 Code of Administrative Offenses of the Russian Federation, part 3) for this offense. If we summarize the information, we can come to the conclusion that the punishment will be the same - a fine of up to 30 thousand rubles or imprisonment for 10-15 days.
But what punishment for driving without a license while drunk will be the priority and what does it depend on? Oddly enough, first of all, administrative arrest is applied for 10 or 15 days (depending on your behavior during arrest). If the detainee has a certificate or document that does not allow him to serve the arrest in the place designated for this purpose, a fine in the above amount will be imposed.
The fine for driving without a license while drunk can be divided into several parts and collected from the offender’s salary or from his property. This information is valid only if the driver does not commit any other violations (does not hit anyone, does not crash, or does not cause an accident). If this happens, the punishment may become criminal in nature.
It is important to take into account that the state of alcohol intoxication is recorded not only when it is determined by the breathalyzer, but also in the event of the driver’s refusal to undergo testing. Remember that the examination must be carried out with witnesses or with video recording of what is happening. If this condition is not met, refusal to check is completely legal.
Does deprivation of rights affect the situation?
If a person deprived of his license is caught driving drunk, he will suffer the same punishment as in the previous case. The size of the fine depends on whether you are driving under the influence.
What if you drive drunk without a license in someone else's car?
If a drunk friend who does not have a license asks you for permission to drive your car, do not agree. In this case, punishment threatens not only the drunk driver without a license, but also the person who provided him with the car. In this case, you need to find a sober person with a valid driving license or call a taxi.
Specific penalties
If a person violates the rules for the first time and his license is taken away not due to drunk driving, he will be subject to penalties prescribed in the Code of Administrative Offenses.
According to the provisions of this code, if a driver is caught driving drunk without a license, he may face arrest for a period of 10 to 15 days.
If for some reason this measure cannot be applied to the violator (for example, because the latter is pregnant), the traffic police officer will use a fine of up to thirty thousand rubles.
In this case, the reason why the driver was previously deprived of his license is of great importance. If this happened due to driving while drunk, the norms of the Code of Administrative Offenses do not apply for a repeated violation. In this case, the Criminal Code is used, and the punishment is criminal.
Article number 264.1 of the Criminal Code indicates that for such an offense the driver may face a fine.
Its size ranges from two hundred to three hundred thousand rubles!
In addition to this hefty fine, the violator may also be subject to the following penalties:
- restrictions related to work in certain positions, valid for 3 years;
- compulsory work (no more than 480 hours);
- imprisonment (not more than twenty-four months).
It is mandatory to extend the period of deprivation of the right to drive a vehicle. It can reach three years.
It should also be taken into account that the judge, when making a decision, will focus on aggravating and mitigating factors, which can significantly affect the punishment. But you need to understand that drinking alcohol is always an aggravating circumstance.
Caught drunk and driving without a license: what punishment does he face?
First of all, it is necessary to determine why the driver does not have a license with him. He may be deprived of them or simply forget. And, of course, the consequences for drunk driving are taken into account. If an accident occurs, the punishment is determined based on whether people were injured. If yes, then the severity of the harm to health is taken into account.
Situation 1. Drunk driving with your license forgotten at home
In fact, a person has the right to drive a car, but he could not present his license at the request of the inspector. This is a violation. In addition, the fact of driving a vehicle while drunk will be recorded.
Based on Article 12.8 of the Code of Administrative Offenses of the Russian Federation, a fine of 30 thousand rubles is imposed on a citizen and his rights are deprived. The period for revocation of a driver's license ranges from 1.5 to 2 years.
A driver faces a similar penalty for handing over the steering wheel to a person under the influence of alcohol.
Situation 2. Drunk driving after being deprived of a driving license for drunkenness
In this situation, the provisions of Article 264.1 of the Criminal Code of the Russian Federation apply. If a person who has been deprived of his license gets behind the wheel again, he will have to pay a fine of 200 to 300 thousand rubles.
Another option is that they may impose a financial punishment equal to his income at his place of work for a period of 1-2 years. In this case, the offender is deprived of the opportunity to hold certain positions or engage in certain types of activities for up to 3 years.
There are other types of punishment for a driver who is caught drunk a second time:
- compulsory work – up to 480 hours;
- forced labor – up to 2 years;
- imprisonment of the driver for up to 2 years.
The same measures are applied to citizens who have lost their rights as a result of refusing to undergo a medical examination.
Situation 3. Got into an accident while intoxicated
This is the most serious violation. The punishment for this is applied depending on the consequences of an accident while intoxicated. If no harm was caused to the victims, then the measures described in the first situation will be taken against the perpetrator. But you will have to additionally compensate for the damage caused.
If someone has suffered grievous bodily harm as a result of an accident, then sanctions are applied in accordance with Article 264 of the Criminal Code of the Russian Federation:
- forced labor – up to 5 years;
- imprisonment – from 3 to 7 years.
Additionally, a drunk driver will be prohibited from holding certain positions and conducting certain types of activities for a period of up to 3 years.
When a person dies in a road accident, we can only talk about imprisonment. This period ranges from 5 to 12 years. At the same time, a condition is applied that bans certain positions and activities, also for up to 3 years. And if there were 2 or more victims, then the term of imprisonment increases. The minimum imprisonment will be 8 years, and the maximum – 15 years.
In any case, a drunk driver involved in an accident will have his license taken away. If at the time of the violation the driver is already deprived of the right to drive a car, then the new period of deprivation of driving license will begin after the expiration of the previous one.
How to evade punishment
If the driver is stopped by an inspector, first of all you should not refuse an examination, especially a medical one (in the latter case, refusal means an admission of guilt).
During the inspection process, it is recommended to carefully monitor the actions of the traffic police officer. Any error must be reflected in the protocol.
An important point related to the examination is that witnesses must be present during this procedure.
Amendments made to the legislation in 2014 made it possible to use video recording instead of witnesses. In this case, it is necessary to ensure that the camera films the entire process.
If the driver has complaints about the results of the initial examination, he has every right to demand that the traffic cop deliver him to a medical facility and conduct an additional check within its walls.
If the driver is really drunk, the only thing he can hope for is that the traffic police inspector made a mistake during the examination or drawing up a report. This will provide an opportunity to challenge the punishment in court and receive an acquittal. In this case, the driver will only face a fine for using a vehicle without a license. Its maximum amount is no more than 30,000 rubles.
