​Fine for drunk driving in 2021

Liability for driving while intoxicated

According to the current traffic police regulations, the inspector does not have the right to unreasonably send the driver for a medical examination or check his condition using a breathalyzer. Legitimate reasons for such actions on the part of a traffic police officer may be:

• The presence of a characteristic odor from the person driving the vehicle;
• Noticeable lack of coordination;
• Incoherent speech;
• The appearance of red spots in the face area.

If, during additional diagnostics, it turns out that the motorist drank alcohol before getting behind the wheel, then the Code of Administrative Offenses provides for him as punishment for such an offense:

• 30,000 rubles fine + arrest for 18-24 months – when drawing up the first administrative protocol under Art. 12.8 (driving while intoxicated or refusing a medical examination);
• 30,000 rubles of financial penalty or restriction of freedom for a period of 10 to 15 days - type of liability for people who do not have a driver’s license (due to age or other reasons);
• 30,000 rubles fine + withdrawal of rights for 1.5 - 2 years - when transferring control of a vehicle to a person under the influence of intoxicating substances;
• 30,000 rubles as a financial penalty + deprivation of driving license for a period of 18 to 24 months – if drunk while driving a motorcycle, scooter or moped.

It is important to know! The listed types of liability are provided for citizens who come across a traffic police inspector for the first time. What is the punishment for repeated drunk driving for 2021 prepared by the Code of Administrative Offenses of the Russian Federation for drivers of all categories, we will consider further.

Fine for driving while intoxicated

There is a certain threshold after which a driver is considered drunk. According to data for 2021, this threshold is 0.16 ppm per 1 liter of air that the driver exhaled during the test. However, just having the minimum legal limit of alcohol does not mean you can drink knowing that you will soon have to drive a vehicle. The number of 0.16 ppm is set only to avoid punishing an innocent driver in the event of a device error.

When a driver is caught driving drunk for the first time, his crime is not considered a criminal offense, but he still won’t get off easy. Penalty for first offense:

• a fine of 30,000 rubles;
• deprivation of a driver's license for a period of one and a half to two years.

Similar conditions apply if the driver switches places with a passenger who is intoxicated.

In addition, in order to get his license back after the required period, the driver will have to retake the entire theory of the traffic police, as well as ensure full payment of all possible fines.

Repeated detection of drunk driving

In order to assign a person the status of a “twice offender,” police officers are required to record his first offense not only by photographing or videoing, but also by documenting it. Without drawing up a protocol, information about the traffic incident will not be included in the unified register of the traffic police. And in words, even in the presence of evidence, establish guilt under Art. 12.8 of the Code of Administrative Offenses, inspectors will not be able to, including through the courts.

A period of time

According to the new law of 2021, deprivation of rights for repeated drunk driving can occur only if the following conditions are met:

• The person's first offense was documented;
• The next incident occurred no later than a year after the return of rights for violation of Art. 12.8 Code of Administrative Offences.

That is, if for the first time a person’s driver’s license was confiscated for drunkenness for 1.5 years, then driving a car under the influence of intoxicating drugs will be considered a repeated crime under the same article for him within 2.5 years from the date of receipt of the traffic police report. Longer statutes of limitations will serve to impose punishment, as for the first offense.

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.

Penalties

We know what punishment for driving while intoxicated in 2021 is provided for drivers by the administrative code of the Russian Federation. Now is the time to consider options for sanctions for repeated disregard of Art. 12.8 of the Administrative Code, including with aggravating circumstances. After all, if you get into an accident under the influence of alcohol, the case becomes criminal in nature. And this is a completely different level of responsibility.

Fine

As we have noticed, financial penalties are due to all drivers, without exception, who drive a vehicle under the influence of intoxicating drugs (regardless of the circumstances of the offense itself). But in the event of a second failure to comply with the mentioned paragraph of the traffic rules, the citizen will be subject to a fine 10 times higher than the original amount (from 300 to 400 thousand rubles). And this is a significant difference, especially for the average motorist.

Mandatory work

Since the amount of a financial penalty for repeated driving while intoxicated is unaffordable for most citizens of the Russian Federation, the administrative code offers an alternative for such violators, in the form of forced labor for a period of 350 to 480 hours.
But in order to receive such a punishment, a person needs to go to court. Otherwise, for failure to pay the fine, the state will be able to confiscate his property (car, household appliances, real estate, etc.), or restrict his freedom.

Deprivation of rights

Based on Art. 12.8 of the Code of Administrative Offenses, it becomes clear that for driving a car while intoxicated, the driver not only receives a financial penalty, but also loses his license for a certain period. The same applies to violators who repeatedly ignored traffic rules under the specified point. But the second time for drunkenness, the license is arrested for at least 3 years, while in the first incident this period reaches only 18-24 months.

Deprivation of liberty

When considering the options for what punishment a drunk driver can receive in 2021, it is simply impossible not to mention the criminal component of Art. 12.8 of the Code of Administrative Offenses, which occurs under the following circumstances:

• A drunk driver hit a pedestrian;
• A citizen, driving a vehicle while intoxicated, caused a serious accident.

In any of the above cases, the violator will face imprisonment. But depending on the severity of the harm he caused, his time behind bars can reach:

• 3 – 4 years – when causing serious injuries to third parties injured in a car accident;
• 7 years – in case of death for one of the participants in the accident;
• 9 years – if there are two or more victims for whom the accident ended in death.

It is worth noting that criminal liability may arise for the first violation of Art. 12.8, and when it is ignored again. And this circumstance will not affect the overall term of imprisonment.

Fine for drunk driving with an accident

One of the most unpleasant, yet expected consequences of driving while intoxicated is hitting a pedestrian.
In this case, we can only hope that such a situation will occur without serious bodily harm to the passenger. In general, the situation for the driver will look like this: Fine for drunk driving with an accident

At the moment, these penalties are maximum, while the minimum penalty has not yet been established, so many drivers who endangered the life of a pedestrian and were drunk at the same time find the opportunity to get off with a more lenient punishment. However, these conditions are temporary, so penalties for drunk drivers may soon become seriously tougher.

Calculation of terms of general deprivation of rights

We have already found out what fine a person faces if he drinks alcohol while driving, and how much his license will be deprived for driving while intoxicated for the first time in 2021. Now is the time to consider the procedure for calculating this administrative penalty.

According to the current law, a driver whose driver’s license was arrested for drunkenness is required to submit the document to the traffic police department no later than 3 days after the traffic police report is issued. And only when the fact of transferring the crust into the hands of the State Traffic Inspectorate occurs, the period of its arrest will begin to gradually decrease.

Moreover, a citizen will not be able to extend the moment of withdrawal of rights even if he tries to challenge the decision issued to him. But for ignoring the demands of the police officers, more serious measures will be applied to the violator in the form of forced confiscation of the driving license.

Can they be deprived of their driver's license for life?

Guided by the norms of the Code of Administrative Offenses of the Russian Federation, we can conclude that the concept of “lifelong arrest of rights,” as such, does not exist in the administrative code. But the maximum period for which a person is allowed to be removed from driving a vehicle for one violation should not exceed 3 years.

It is important to know! However, the legislation of the Russian Federation also provides for the possibility of summing up punishments of the same type under several traffic police protocols. Therefore, the total period of arrest for a driver can easily reach 40 or even 50 years, which in principle is equivalent to lifelong deprivation of a driver’s license.

Grounds for criminal liability

Previously, we found out that in 2021 a person can get away with a fine for alcohol intoxication only if his offense did not cause serious harm to the health or life of third parties. Otherwise, a criminal case will be opened against him with preliminary detention at the crime scene. The grounds for such a decision on the part of inspectors will be the following materials:

• Photo or video recording of the accident (necessary to identify the culprit of the accident);
• Witness's testimonies;
• Medical report on injuries sustained by car accident victims.

If the guilt of a drunk driver is not proven, or the injuries he inflicts turn out to be not serious enough, then criminal liability will change to administrative. And this, at a maximum, is forced labor for a period of 480 hours.

We found out what punishment for driving while drunk since January 1, 2019 faces drivers of all vehicles, and what circumstances can become aggravating for them. In conclusion, it is worth adding that you need to be afraid not of fines or seizure of your driver’s license, but of the possible consequences of driving while intoxicated. After all, human life is clearly more valuable than any money.