A fine may be imposed for driving an electric scooter while intoxicated.

A huge number of accidents on the roads happen due to drivers who drive while drunk or under the influence of drugs. In this form, a person cannot adequately assess the situation on the road. And therefore dangerous for other road users. If a driver is caught driving while under the influence of drugs, he may lose his license in 2021.

What is drug intoxication?


Drug intoxication is an altered state in which a person is under the influence of psychotropic and narcotic substances. At this moment, the driver may feel relaxed, euphoric, and joyful. Auditory and visual hallucinations also occur. Some types of drugs cause severe inhibition of the nervous system, as well as depression of basic functions. In this form, a person becomes extremely dangerous and can cause the death of other road users. The main symptoms of using illegal drugs in 2021 are:

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  1. Lethargy or excessive activity.
  2. Violation of perception of reality, behavior that does not correspond to the situation.
  3. Changing pupil size.
  4. Redness of the eyes.
  5. Poor coordination of movements.
  6. Incoherent speech.
  7. Hand trembling.
  8. Change in skin color.
  9. My eyes can often fluctuate involuntarily.
  10. The driver will not be able to touch his nose with his eyes closed.

In order to send a driver for a medical examination in 2021 if there is a suspicion of drugs in the body, there must be at least 3 of the signs listed.

Definition of drug intoxication

Drug intoxication is considered to be an altered state of human physiology and psyche after consuming substances, the list of which is given in. Manifested by subjective and objective symptoms. The first are expressed in euphoria of varying degrees and perception disorders of varying strength. As a rule, all of them are subtle and can only be detected in the event of clearly inappropriate behavior. And the latter are determined by the individual physiological reaction of the body to the specific composition of the drug.

The intake of these substances is usually revealed by characteristic external and behavioral signs:

  • dilated/constricted pupils;
  • redness or cloudiness of the eyes;
  • pale skin;
  • nervous trembling;
  • excessive excitement;
  • slow speech, poor coordination and reactions;
  • increased sweating.

Clause 2.7 contains a ban on driving a vehicle (vehicle) while under the influence of alcohol or drugs, as well as handing over the steering wheel to persons in such a state. It is also prohibited to take narcotic substances until a decision is made to conduct a medical examination for intoxication (MOSO) immediately after a traffic accident.

Responsibility is inevitable if the fact of use is established or the presence of even an insignificant amount of narcotic or psychotropic substances subject to control is detected in the blood plasma.

Minimum concentrations in urine are determined in

Procedure for deprivation of rights for drug intoxication in 2021

To establish the fact of drug intoxication in 2021, the driver must be sent for examination. This procedure consists of urine and blood tests. Each group of substances has its own permissible concentration value in biomaterials. The procedure for examining a driver’s drug intoxication must be carried out by doctors who have special clearance.

Prohibited substances, the presence of which in the blood will lead to the deprivation of rights in 2021, include:

  1. Cocaine.
  2. Amphetamine.
  3. Marijuana.
  4. Heroin.
  5. Opium.
  6. Morphine.
  7. Hemp.
  8. Hashish.
  9. Cannabis.
  10. LSD.

The collection of biomaterial is carried out with the participation of witnesses, and the analyzes are immediately sealed and sent for examination. State inspectors cannot be witnesses, otherwise it is considered a violation and the procedure for taking samples is illegal. Video filming is also allowed under paragraph 40 of Order of the Ministry of Internal Affairs No. 664 dated 08.23.17

For medical examinations, stations must be equipped with clean water and a refrigerator for storing tests. Otherwise, the driver can challenge the deprivation of rights and the results of the drug intoxication examination. If there is no mobile unit, the driver must be removed from control and taken to the nearest medical facility where such an analysis can be performed.

If a person refuses to submit biomaterial, then in 2021 he is automatically recognized as being under the influence of drugs, and his case is sent to court for deprivation of the right to drive.

Based on the report of the traffic police officer, as well as the test results, the driver is deprived of the right to drive a vehicle in court, and is also held accountable under Article 12.8 of the Code of Administrative Offenses of the Russian Federation.

During the procedure, the inspector must draw up several protocols, including the removal from driving, the medical examination and the sending of the car to the impound lot.

All protocols must be signed by the driver and witnesses.

The entire procedure includes the following mandatory points:

  1. Vehicle stop.
  2. Identification of clinical signs of drug intoxication in the presence of witnesses.
  3. Medical examination.
  4. Conclusion with results.
  5. Creation of an administrative case on the seizure of a certificate.
  6. Transfer to court.
  7. Trial.
  8. Judgment.
  9. Deprivation of rights for drug intoxication.

In case of any violation of the procedure, the withdrawal of rights is considered illegal.

Is it possible to refuse a urine test and still have your license?

If the traffic police inspector insists on performing an express test on the road, then the driver has the right to refuse it. In this case, deprivation of a driver's license is illegal and the inspector does not have the right to carry it out.

If a traffic police officer demands to undergo a medical examination procedure and the driver does not agree, then for refusal he may be deprived of his license on the basis of Article 12.25 of Part 1 of the Code of Administrative Offenses.

How should the examination be carried out?

The examination procedure is carried out in the following order:

  1. A traffic police inspector who stopped a driver who is allegedly under the influence of drugs must identify one of the following signs to confirm his condition in accordance with clause 129 of Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 No. 185:
      smell of alcohol on the breath;
  2. unstable position of the body;
  3. disruption of the speech apparatus;
  4. sharp redness, blueness or an unnatural shade of the face;
  5. inappropriate behavior.
  6. After identifying at least one of the signs, the inspector has the right to remove the driver from driving a vehicle in accordance with Article 27.12, Part 1 of the Administrative Code. In this case, the driver must write down or photograph the traffic police inspector’s badge number and the details of his service ID. These actions are legal, and they are carried out in accordance with paragraph 3 of clause 2.4 of the Traffic Regulations: persons who have the right to stop a vehicle are required to present a service ID at the request of the driver. The inspector, in turn, must perform the following actions:
      invite two witnesses for examination or make a video recording (in accordance with Article 25.7 of Part 2 of the Code of Administrative Offenses);
  7. if witnesses were invited, then the traffic police officer, in their presence, fills out protocol No. 91 “On removal from driving a vehicle” (in accordance with Article 27.12, Part 3 of the Administrative Code).

    Reference! Protocol No. 91 must indicate the date, time, place, reason for removal from driving, position, surname and initials of the inspector and driver. Vehicle details must also be provided;

  8. if witnesses were not invited, then in the protocol in the empty field of the column “Witnesses” the driver must put a capital Latin letter Z and in the comments below indicate the following information: there were no witnesses, the driver did not use anything and he does not agree with the inspector about the accusation.

    Important! The last sheet of the copy of the protocol must remain with the driver. It must be filled out by the person who drove the vehicle, without amendments by the inspector;

  9. After drawing up the inspection report, the traffic police inspector may offer to undergo a rapid test at the place of arrest, which can detect narcotic substances in the driver’s urine. However, the driver has the right to refuse, after which the inspector must send him for a medical examination to a specialized institution.

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How to behave when deprived?

A person driving when a vehicle is stopped and suspected of having prohibited substances in the body in 2021 must leave at the request of an inspection officer. Next, the inspector must offer to undergo a medical examination, pointing out the symptoms present.

The procedure for depriving a certificate must take place in accordance with the order of the Ministry of Health of Russia dated December 18, 2015 N933. If the standard procedure is violated, everything is interpreted in favor of the violator.

When doubts arise about the reliability of the results of a biomaterial, it is important to get tested and undergo an independent examination as soon as possible. Present the results in court and appeal the deprivation of rights for drug intoxication.

Driver's rights when revoked

In 2021, the accused has the right to film what is happening in order to protect himself in the event of fraudulent actions by traffic police inspectors. The driver also has the right to refuse to undergo a medical examination, but in this case he will automatically be found guilty of driving a vehicle while intoxicated.

If there is no mobile laboratory at the traffic police post, which is equipped with all the necessary devices, including a refrigerator, the violator has the right to refuse to hand over the biomaterial and demand that this be done in a stationary medical facility.

To revoke a driver's license for drug intoxication in 2021, the case is being considered in court. The driver can use the services of a lawyer, especially if he is not sure of the correctness of the examination procedure and the drawing up of protocols.

In any case, when inspectors stop a car and suspect the presence of drugs, even if there are none, experts recommend behaving calmly and not entering into aggressive disputes with traffic police officers. Aggressive behavior can negatively affect the overall situation and additionally add administrative violations to you for resisting the authorities.

Driver Responsibilities

First of all, you should not swear or argue with the inspector. It is the driver’s responsibility to get out of the car at the request of the employee and present all documents for the car. Also, after a medical examination, if the fact of drug intoxication is proven, the offender is required to appear at the court hearing. Some violators do not appear in the courtroom, thinking in this way to avoid punishment. In fact, if there is enough evidence of guilt, a decision is made even in the absence of the driver.

The violator must not interfere with the evacuation of the car to the impound lot, except in cases where it is possible to transfer control to one of the passengers in the cabin. The procedure for detaining and evacuating a vehicle is described in detail in Art. 27.13 Code of Administrative Offenses of the Russian Federation.

In any case, it must be remembered that resistance to authorities carries with it responsibility in accordance with Article 19.3 of the Code of Administrative Offenses of the Russian Federation.

Refusal of medical examination

After stopping the driver and checking all the documents, a representative of the authorities, if he is suspected of taking prohibited substances, has the right to demand that he submit biomaterials and check them for the presence of drugs in the blood.

According to Art. 25.7 of the Code of Administrative Offenses of the Russian Federation, for a medical examination for drugs, it is necessary to attract two witnesses, and also to conduct video recording. If the driver refuses a medical examination, this fact must be signed by attesting witnesses in the protocol. If the violator has doubts about the reliability of the examination on the spot, then he is obliged to declare this in front of witnesses.

To stop and test a driver for drugs, several external signs of the presence of narcotic substances in the blood must appear. This may be hand trembling, inadequate state, excessive excitement, confused speech. In addition, the inspector pays attention to changes in the pupils and problems with coordination.

All this is considered sufficient grounds for conducting a medical examination. The inspector has the right to remove the driver from driving a vehicle while under the influence of drugs in accordance with Art. 27.13 Code of Administrative Offenses and deliver the car to a special parking lot. According to the same law, if the driver has a passenger who is included in the insurance and has the right to drive this car, then the driver simply steps aside and the passenger gets behind the wheel.

The offender also has the right to call a relative or the owner of the car to have it taken away. In 2021, the driver will face trial and deprivation of his license for drug intoxication. The fine in this case is up to 30 thousand rubles.

The driver has the right to refuse to undergo a medical procedure if it is carried out with violations. To do this, it is necessary to record the entire procedure on camera and present it to the court as evidence in accordance with Article 12.26 of the Code of Administrative Offenses of the Russian Federation.

If the medical examination is flawed and the suspect does not have any foreign substances in his blood, then the inspector may be punished for fraud.

Symptoms of drug intoxication

After taking prohibited substances, a change in consciousness occurs, which has specific signs. According to the rules for checking drivers, it is their presence that is decisive at the first stage. Drug intoxication is a condition of a person that is provoked by the entry of specific substances into the blood. A pressing question arises: how to determine drug intoxication? There are some signs for this:

  1. inappropriate behavior, inhibited or hyperactive reaction;
  2. no smell of alcohol;
  3. dilated pupils;
  4. clouding of consciousness, confusion of speech;
  5. changes in skin color;
  6. lack of coordination.

It is on the basis of these signs that a traffic police officer has the right to conduct a test for the presence of narcotic substances in the body.

Is it possible to retain your rights if you refuse a medical examination?

In 2021, according to Article 12.26 of the Administrative Code of the Russian Federation, a driver who refuses to test for drug intoxication is subject to a fine of 30 thousand rubles and risks losing his license for up to 2 years.

The traffic police officer records the fact of refusal in a protocol, which is signed by two witnesses and the driver. In this case, the reason why the driver does not want to undergo the procedure does not matter. The very fact of refusal automatically finds the citizen guilty. Therefore, it will not be possible to avoid deprivation of rights for drug intoxication in 2021, and they can only be returned through the court.

Therefore, you should take the inspector’s proposal seriously and not refuse.

The only factor in which a driver’s license can be returned is the established fact that the procedure was carried out with violations. To do this, it is necessary to submit evidence to the court in the form of photographs and videos or the results of an independent examination, which was carried out immediately after the main one.

If you have already agreed to a roadside urine test. How to avoid "divorce"?

If the driver has already given his consent to undergo a rapid urine drug test, then one should expect that in 95% of cases the test will be positive, and it does not matter whether the driver has used illegal substances or not. Since the road test itself is not legal, it is used by unscrupulous inspectors to obtain bribes by falsifying the test results. Therefore, in order to “not get caught,” the driver must adhere to the following plan:

  1. Insist on a medical examination by a doctor at an appropriate medical institution. In this case, the inspector is obliged to draw up protocol No. 92 “On referral for a medical examination” (clause 137 of Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 No. 185). In the protocol, the driver, if he is innocent, must indicate that a traffic police officer stopped his car to check his documents. The driver should also write that the suspicion of drug intoxication is unfounded and the inspector’s accusations of violating driving rules are unlawful. The driver also has the right to request the services of a lawyer.
  2. After drawing up the protocol, it is signed by all parties to the examination, and the driver receives a copy of the document. Then he is sent for a medical examination in the car of a traffic police officer in accordance with paragraph 137.4 of Order No. 185 of the Ministry of Internal Affairs of Russia dated March 2, 2009.
  3. The driver's car must remain at the place where the inspection procedure was carried out, or be handed over to a person who has the right to travel in this vehicle (wife, husband, relative, etc.). The inspector does not have the right to send the car to the impound lot, since the driver’s guilt has not yet been proven and he is subject to the Code of Administrative Offenses of the Russian Federation - Article 1.5. "Presumption of innocence".
  4. The driver does not have the right to independently choose a medical institution for examination. But when carrying it out, health workers must follow the instructions in Order No. 308 of the Ministry of Health of the Russian Federation (see Appendix of Book No. 5).
  5. First, the doctor will fill out a medical examination report and enter the data into the logbook. Afterwards, he will conduct a preliminary express test for drug levels in the blood using a special test strip.

    Important! If the driver doubts whether the inspector and the doctor conducting the examination are in collusion, he has the right to demand a license from the doctor to practice medicine. You can also request documents confirming the serviceability of the technical means and instruments with which the examination is carried out. If the driver is refused permission to review the documentation, then he is probably being deceived.

  6. If the test strip during the examination gave a positive result, indicating the presence of drugs in the body, then in order to make a final verdict, the doctor must send the sample for a confirmatory test to a chemical-toxicological laboratory. The analysis result will be issued within 3–7 days. It is this analysis that is considered correct, since it is as accurate as possible, even if the strip showed a different result.
  7. Based on the results of the tests, a medical examination report on the state of intoxication of a person is drawn up in three copies, one of which is received by the driver, the second by the inspector, and the third remains in the medical institution.
  8. If, as a result of the examination, the fact of the driver’s innocence is revealed, then the inspector is obliged to bring him to the location of the car, no matter whether it was moved from the inspection site or remains there (according to paragraph 137.5 of the Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 No. 185). Also, the driver of the car has the right to file an official complaint against the traffic police inspector to his superiors, attaching supporting documents to it.
  9. If the examination reveals that the driver is guilty, but he did not take drugs, then no later than 2 hours later you should visit another specialized medical institution to undergo a repeat procedure. Having received the results of the study, you should prepare for trial.

More on the topic: How to send photos and videos of traffic violations to the traffic police?

Why can't you agree?

Firstly, you cannot agree, since conducting the test outside a medical facility is illegal. Test strips can even work for poppy seed buns and barbiturates.

Secondly, the rapid test is a fairly sensitive research method that can also react to a bun eaten by the driver. As a result, morphine may be found in the urine. Therefore, it is better to undergo a medical examination with full tests.

Medical examination in 2021

To ensure that the driver does not have the opportunity to challenge the deprivation of his license, the entire medical examination procedure must be carried out strictly according to the law. Otherwise, the court may declare it invalid. The procedure for conducting a medical examination for drug intoxication of a driver is specified in Order of the Ministry of Health No. 933n.

First of all, the inspector must explain in detail to the driver the reason why the examination is being ordered. Before the medical examination, the violator is given a protocol on his suspension from driving.

The behavior of the person driving the vehicle must exhibit symptoms of drug intoxication.

In 2021, the driver has the right to refuse a medical examination by traffic police officers and go to the nearest hospital, where he will undergo all the necessary examinations.

To begin with, in order to exclude the fact of alcohol intoxication, the driver is asked to breathe into a breathalyzer. If the result is positive, the test is repeated after 20 minutes.

Then the mobile station paramedic assesses the driver’s condition externally. For this purpose, tests are used that show the coordination of movement and the reaction of the pupils. An inspection for traces of injections is required.

The suspect is then asked to submit urine and blood tests. Moreover, after delivery, the test tube must be checked within two hours immediately at the place of detention. After this, samples can additionally be sent to an inpatient medical facility.

An act of passing a medical examination for drug intoxication of the driver is signed on the spot. If the citizen does not have prohibited substances in the analysis, the inspector is obliged to deliver him to the place where the vehicle was left.

In 2021, if prohibited drugs are detected in tests, three protocols must be drawn up. One is issued to the offender, the second to the traffic police, and another one to the archives of the institution where the examination for drug intoxication was carried out.

Why is a rapid urine test a good option for the traffic police?

Rapid urine tests, which determine the presence of narcotic substances in the driver’s body, are mainly used as a preliminary urine test during a medical examination by a doctor. Test strips are used as express tests, which allow you to accurately and quickly determine the presence of narcotic and psychotropic substances in the body.

The procedure goes as follows:

  1. The driver leaves his biological material (urine) in the jar.
  2. The doctor uses an immunochromatographic research method to determine the presence of prohibited substances in the driver’s urine.

Reference! The immunochromatographic express method allows you to identify 14 types of narcotic substances used by a person within 5 days before the test. The method is based on passing urine through absorbents. As a result, the drug or its breakdown products, interacting with the antibodies of the test, forms an antigen-antibody pair. This pair changes the color of the test strip and signals the presence or absence of a narcotic substance.

Traffic police inspectors also use similar test strips. However, they use a test strip purchased at a pharmacy, which is intended for household use.

The procedure for analyzing urine for the content of prohibited substances of narcotic origin is carried out by traffic police officers in the following order:

  1. If drug intoxication is suspected, the inspector hands the driver a container for collecting urine, into which he invites him to collect biological material.
  2. Afterwards, the express strip is dipped into the container. The display of one mark on the strip indicates the presence of drugs in the driver’s body, the appearance of two marks indicates their absence. If the marks do not appear at all, then the test strip is defective.

Some unscrupulous traffic police officers use this method to deceive drivers and receive bribes. However, is this method of checking drivers legal and do inspectors even have the right to carry out this procedure at the place of detention?

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Inspector rights

If, when stopping a car, the inspector has doubts about the sobriety and adequacy of the driver, he has the right to ask him to leave the vehicle.

Also, to prove the legality of his actions, the inspector has the right to invite two witnesses and conduct video recording. In case of refusal to conduct an examination for drug intoxication, the inspector fills out a protocol, which is signed by the driver. If the latter refuses to sign, an act of refusal is drawn up. In 2021, an inspector may remove a violator from control if there are several signs of drug intoxication. To do this, you do not need to wait for the results of the examination, but the report must be handed over to the driver.

How to pick up a car from a parking ticket?

Penalty parking is a special area guarded by the traffic police. The vehicle is delivered to the parking lot using a tow truck.

To return the vehicle, you will need to pay the costs of evacuation and provide documents for the car. If the owner is deprived of his driving license for drug intoxication, then relatives and friends can pick up the towed car in his presence. For this you will need the following documents:

  1. Permission from the traffic police to issue a vehicle.
  2. Power of attorney for the right to drive a car.
  3. OSAGO policy.

Until 2021, only those who have a power of attorney could pick up a car from the impound lot. Starting this year, a person who has the right to drive a car can pick up a car in the presence of the owner.

For the first two days after the car is towed, there is no charge for its presence, and therefore you can pick up the car without paying.

If, by the time the owner comes to pick up the vehicle, his license has already been taken away, he can use the services of a tow truck.

How to challenge the revocation of a driver's license for drug intoxication in 2021?

To appeal the decision to revoke a driver’s license for drug intoxication, the offender is given 10 days. During this time, he must provide reasons why he considers the decision of the authority to be unlawful. In order to challenge, it is necessary to submit documents about violation of the procedure for identifying drugs in biomaterials. To do this, you need to film the entire process. Any violation during the detection of narcotic drugs in analyzes is interpreted in favor of the offender.

If the driver is confident of his innocence. Then immediately after the medical examination you should undergo an independent examination for drug intoxication and provide the data to the court.

Procedure for depriving a driver's license for drug intoxication

Deprivation of rights for drug intoxication is the highest punishment on the scale of administrative responsibility. The procedure goes as follows:

  • a traffic police officer must immediately suspend a motorist who is under the influence of drugs from driving;
  • seize the vehicle, call a tow truck and send the car to the impound lot;
  • draw up an administrative protocol on the deprivation of a driver’s license;
  • send the driver for a medical examination;
  • transfer the test results and the protocol to the court.

Punishment for driving a vehicle while under the influence of drugs is provided for in Art. 12.8 Code of Administrative Offenses of the Russian Federation . Motorists found to have prohibited drugs in their blood will be held accountable under the Code of Administrative Offenses or the Criminal Code of the Russian Federation. The legislation provides for the following types of sanctions for drug intoxication:

  • deprivation of a driver's license for 1.5-2 years;
  • monetary penalty totaling 30 thousand rubles;
  • for a second violation, a fine of 50 thousand rubles is provided. and deprivation of driver's license for up to 3 years.

Liability under the Criminal Code of the Russian Federation arises if, as a result of drug intoxication, serious injuries were sustained by unauthorized persons or the death of one of the road users occurred.

Consequences of revocation of a driver's license

After a court decision on deprivation of rights for drug intoxication, the violator is obliged to submit the driving license to the traffic police within 3 days. The term of imprisonment is determined by a court verdict and ranges from 1.5 to 2 years. In addition, you will have to pay a fine of 30 thousand rubles.

If a person who has been deprived of his rights gets behind the wheel while under the influence of alcohol or drugs and is delayed behind the wheel, then the punishment is provided for by the administrative code of Russia. If an accident occurs with a fatality due to the fault of a driver under the influence of drugs, then the law provides for criminal punishment for up to 9 years. The minimum threshold under Art. 264 of the Criminal Code of the Russian Federation is 4 years.

Consequences of deprivation of a driver's license

If during the trial it was decided to deprive a citizen of a driver’s license, he is obliged to surrender his driving license. The procedure is carried out within 3 days from the date of the relevant verdict. Documents must be submitted to the traffic police department. The period of deprivation is determined by the court. The period can vary from 1.5 to 2 years. Additionally, you will have to pay a fine of 30,000 rubles. The punishment is changed in accordance with Article 12.8 of the Code of Administrative Offenses of the Russian Federation.

IMPORTANT

If the actions of a person under the influence of drugs lead to an accident in which people died, criminal penalties are applied. It is established under Article 264 of the Criminal Code of the Russian Federation. The citizen will be imprisoned for at least 4 years.

Deprivation of driver's license for drug intoxication for the second time

If a driver who has already been deprived of his license once for driving while intoxicated is caught with the same offense again, the period of deprivation of license is increased to 3 years. This applies to those who were caught in 2021 after the return of their rights. If a person is caught without a permit and while a court decision is in effect, the term increases. If you continually violate the law, your sentence will increase. As a result, the driver may be deprived of his license for life. The fine for repeated violation has been increased to 200–300 thousand rubles.

In addition, in case of repeated violation, the court may impose forced labor for up to 2 years and correctional labor for up to 480 hours.

Deprivation of driver's license for drug intoxication for the second time

In Art. 4.6 of the Code of Administrative Offenses of the Russian Federation states that a person is considered subject to administrative punishment from the date the resolution enters into legal force until the expiration of 1 year from the moment the sanctions are executed. If the above period has not ended, the person is considered to have violated the traffic rules again.

If a citizen has already been punished for driving under the influence of drugs, the responsibility the second time will be more severe. Administrative punishment changes to criminal. Responsibility is enshrined in Article 264.1 of the Criminal Code of the Russian Federation. The period of deprivation of a driver's license will increase to 3 years. The rule applies to citizens who have already been caught and were able to get their driver’s license back.

If a person is stopped while driving without a license, the period of imprisonment will be extended. The period will constantly increase. All this can lead to lifelong deprivation of your driver's license. The size of the fine also increases. For a repeated violation, it can reach up to 200,000-300,000 rubles. Additionally, the offender may be imprisoned for up to two years. The alternative is correctional labor. The duration of the punishment can be 480 hours.

Can my license be taken away for life?

If a driver is regularly caught without a license to drive a vehicle and under the influence of drugs, then the punishment will increase each time. As a result, they can be deprived of their rights for 50 or 100 years. The result is lifelong disqualification for drug intoxication.

If the driver is detained for such an offense for the first time, he will not face such punishment.

If a violator is detained a third time or more for being under the influence of alcohol or drugs, and he also refuses a medical examination, the citizen risks being left without a license for the rest of his life.

They cannot deprive someone of their rights for life for drug intoxication directly in the courtroom; there is no such law.

How and for what can they deprive their rights in 2021?

Driving a car while intoxicated (alcohol or drugs) is punishable under Part 1 of Article 12.8 of the Administrative Code with a fine of 30 thousand rubles and deprivation of the right to drive for 1.5 to 2 years. If the driver refused to go to the doctor for a medical examination, the punishment will be similar.

If from the moment the resolution comes into force and before the expiration of 1 year after the return of the driver’s license, the driver is caught drunk again, then he will face criminal punishment - from a 200 thousand ruble fine to 2 years of imprisonment.

What is most often found in blood and urine?

The most commonly used psychotropic and narcotic substances have been known for a long time.

Most often, citizens find:

  • opiates (morphine, codeine, desomorphine, etc.),
  • cannabinoids,
  • phenylalkylamines (amphetamine, methamphetamine, mephedrone and others),
  • methadone,
  • benzodiazepines,
  • MDMA,
  • cocaine,
  • barbiturates,
  • cotinine

The analysis of biological media is primarily carried out for the presence of these substances.

Deprivation of rights or criminal prosecution upon detection of prohibited substances is illegal if the results of a chemical-toxicological study during a medical examination indicate that their concentration does not exceed threshold values. In other words, license suspensions where a driver is cited for consuming Corvalol (contains phenobarbital) or poppy seed buns (which produce morphine when metabolized in the body) are clearly illegal, and here's why!

Getting your driver's license back after being revoked for drug intoxication

First of all, it is necessary, by court decision, to register with a narcologist. This may be a preventative measure if a detailed violation occurs for the first time. If the driver is detained again, a dispensary registration is assigned. It will be possible to be removed from the last registration only upon receipt of a certificate of physical and mental health that is not affected by prohibited substances.

30 days before the expiration of the period for which the driver's license was confiscated, it is necessary to submit an application to the traffic police authorities for the return of the license. According to the law, if you are deprived of your license while driving under the influence of drugs, you must pass a theoretical exam on your knowledge of traffic rules upon return.

In addition, the following documents will be required:

  1. Passport or driver's ID card.
  2. A document indicating that the license was handed over to the traffic police, indicating the date.
  3. A copy of the court decision on deprivation of rights.

You will also need a certificate from a narcologist about deregistration.

Nuances and features

Unlike previous years, changes have been made to the legislation that differ from previous procedures. Such nuances include:

  1. If your license is revoked, you must surrender it.
  2. Tests for drug intoxication are carried out regardless of the driver’s external condition.
  3. The content of all possible narcotic substances is checked.
  4. The minimum examination time is 2 hours.
  5. In 2021, punishment is provided not only for repeated driving while intoxicated, but also for repeated refusal of a medical examination.
  6. The fine for repeated violations has been increased from 50 thousand rubles to 200–300 thousand.

Nothing has changed dramatically compared to previous years. All innovations for 2021 affected only the list of prohibited substances, since now you can lose your license for some painkillers.

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