Recently, accidents on the roads have become more frequent. Most cases are caused by taking alcohol or drugs on the eve of a trip or while driving a vehicle. Therefore, the government has tightened penalties for drunk driving. In 2018, the violator is promised deprivation of rights for alcohol intoxication and considerable penalties. In this article, we will take a closer look at the mechanism for detaining a motorist while intoxicated, the amount of the penalty and the process of confiscating a driver’s license.
Allowed amount of alcohol in 2018
In order not to lose your license for driving while intoxicated, you need to clearly know the prescribed norm of permissible alcohol intoxication. The test can be done in two ways, by measuring the amount of alcohol in the blood or in the air. It is measured in mg/l or ppm. That is, the number of milligrams of alcohol per 1 liter of blood or exhaled air.
It is important not to confuse these values! The maximum permissible alcohol limit while driving is 0.16 mg/l or 0.35 ppm
If you exceed the limit, a person may lose his license for drunk driving.
The devices used by traffic police inspectors can make measurements in ppm and mg/l. You should be very careful when undergoing the examination by checking the exhaled air. The numbers are very different from each other, but in fact indicate the same level of alcohol intoxication. Unscrupulous inspectors can take advantage of this and extort a bribe.
Procedure for deprivation of a driver's license
Here you will find information about how to revoke your license for drunk driving. Find out what measures the traffic police inspector will take against a drunk driver, and also take note of the information about the rights and responsibilities of the violator.
In 2021, the procedure for revocation of a license for drunk driving is as follows:
- The traffic police inspector draws up a protocol in which he records the violation .
Only significant information is entered into the protocol, including the driver’s testimony. Note! If your license was taken away, then you have the opportunity to demand it back, in accordance with the Federal Law “On Road Traffic Safety” dated December 10, 1995 N 196-FZ. - To draw up a report, the traffic police officer must have strong evidence that the driver is drunk. For this purpose, a medical examination is carried out , the procedure for which is provided for by Decree of the Government of the Russian Federation dated June 26, 2008, No. 475 .
- When carrying out the procedure and establishing the fact of intoxication, witnesses must be present or video recording must be made , in accordance with Article 25.7 Part 2 of the Code of Administrative Offenses .
- In cases discussed in Chapter 27 and Article 28.1.1 of this Code , the presence of witnesses or the use of video recording is mandatory .
All actions are recorded in the protocol, witnesses confirm with their signature the fact of the commission of procedural actions, their content and results established in their presence. Note! Refusal to undergo this procedure is equivalent to pleading guilty to a crime.
Based on the “Rights and Responsibilities of Drivers and Traffic Police Officers,” the inspector may require the driver to undergo a medical procedure if the following characteristics are present:
- smell of alcohol on the breath;
- unstable position (the driver sways, falls, etc.);
- speech disorders associated with alcohol consumption;
- unusual changes in the color and texture of the skin (the face has become red or covered with red spots);
- defiant and not always appropriate behavior.
Note! If, after the check, you do not agree with the readings on the device used to measure your blood alcohol level, then you must be taken to special institutions to undergo a medical examination.
A repeated procedure can especially help those whose blood ppm value slightly exceeds the norm ( Government Decree No. 475 of June 26, 2008 ).
If alcohol is detected in the blood, the case is sent to an official within three days, who is obliged to review it within no more than 15 days . It is worth noting that if alcohol in the blood is detected above the permissible limit, according to judicial practice, the violator is given an administrative fine in the amount of 30,000 rubles , and is also deprived of his driver’s license .
The period of deprivation of rights begins to be calculated 10 days after the judge makes the final decision . This time is allotted for filing an appeal to higher courts. After the decision is made, the car owner has three days to submit his license to the traffic police.
There is no statute of limitations for deprivation of rights for drunkenness in Russia. Therefore, if you deliberately do not attend a court hearing and refuse to hand over your certificate, then you may be subject to punishment in the form of correctional labor, a fine, or an increase in the term of imprisonment.
Procedure for deprivation of license for drunk driving
Only a court can deprive a driver of his rights; an inspector can only temporarily remove him from driving a vehicle. Thus, the inspector must identify the violator, conduct an examination and send documents to the court.
Don't take my word for it! Always check the device data, otherwise you risk losing your license for unjustified intoxication
On-site inspection by a traffic police officer
To impose a punishment for drunk driving, a law enforcement representative is obliged to carry out the appropriate procedure at the place of arrest:
- Remove the driver from driving if there are external signs of drunkenness.
- Measure the level of alcohol intoxication using special instruments, taking into account all errors.
- Draw up a protocol in the presence of two witnesses.
- If the driver does not agree to undergo the procedure described in the second paragraph, the inspector must accompany the offender to a medical examination, where the examination procedure will be carried out in the presence of two witnesses.
If the suspect's intoxication is not confirmed, the traffic police officer is obliged to return the driver to his car.
Checking the degree of intoxication in a medical facility
If you refuse to have your alcohol intoxication assessed on site, you will be sent for a medical examination. It is worth noting that only a doctor who has undergone the required training and has a certificate to confirm this can do this. The medical examination process goes like this:
- The act records the name of the suspect, passport details and protocol number.
- A search is carried out for clinical signs of intoxication.
- A test is carried out to determine the concentration of alcohol vapor in the exhaled air.
- The driver is sent for a blood or urine test.
- Enter all data into the inspection report.
Refusing a medical examination is highly discouraged, because such an action is equivalent to an admission of a violation and leads to the deprivation of a driver’s license for alcohol.
The court hearing is the last resort
If, based on the results of the examination, you are found to be drunk, then all the documents go to court. Typically, this means that your rights will be revoked. Proving the opposite is practically impossible in practice. After the court makes a decision on deprivation of your license for driving while intoxicated, you must independently submit your license to the traffic police department within 10 days. The period will begin to count from the date of delivery of the driver's license
The court will determine the punishment
As stated in the law
The law on deprivation of rights for alcohol intoxication for the first time does not establish any mitigating circumstances or factors for drivers.
IMPORTANT!!!
If the driver’s actions on the road do not constitute a crime, that is, his drunken state did not cause the accident, then the traffic police inspector will issue the following sanctions in accordance with the provisions of Article 12.8 of the Administrative Code:
- a fine of 30,000 rubles;
- withdrawal of rights. The period of deprivation of rights for alcohol intoxication in 2019 for the first time is from 1.5 to 2 years.
In case of criminal consequences (death, or harm to human health, material damage to other persons), the following types of punishment are provided:
- forced labor for up to 3 years (in the absence of deaths as a result of an accident);
- imprisonment for a term of 2 to 7 (1 dead) or 4 to 9 years (2 or more people died);
- prohibition from driving a vehicle for three years after serving the initial sentence.
What happens if a driver is caught drunk driving?
The Code of the Russian Federation on Administrative Violations, namely Articles 12.8 and 12.26, provides severe penalties for drunk driving. If the driver was prosecuted for the first time, the liability in 2021 will be as follows:
- collection of a fine of 30 thousand rubles;
- deprivation of rights for drunkenness for a period of one and a half to two years.
A sober driver will face the same punishment if he hands over the steering wheel to a drunk person.
If a driver caused a traffic accident while intoxicated, the court has full authority to imprison him for 5 years, or send him to correctional labor for 4 years.
If caught again, the fine will increase to 200-300 thousand rubles, and the deprivation of a driver’s license for alcohol will be extended to 3 years.
Caught drunk driving, how to avoid deprivation
If the driver was stopped by the traffic police and it is proven that he was driving while drunk, it is unlikely that he will be able to avoid punishment. Currently, the legislation regarding drunk road users is quite strict.
To begin with, in order to weaken as much as possible the sanctions that can be applied against the driver, you should:
- Behave in a correct manner: do not be rude, do not try to avoid cooperation with traffic police officers;
- You should also not offer bribes as this may further aggravate the situation;
- The inspector decides to conduct an appropriate test for the presence of alcohol in the body based on characteristic signs: bad breath, shaking hands, redness on the face. It is recommended to use breath freshening medications before driving and try to sober up as quickly as possible, for example, wash with cold water. If you are stopped, try not to show the typical behavior of a drunk person;
- Try to speak as naturally and coherently as possible.
These are just indirect tips that can help the driver avoid unpleasant consequences.
If a driver caught drunk at the wheel tries to evade responsibility, the law will find him guilty by default.
After drawing up the protocol, the driver has the right to familiarize himself with the information specified in it and, if he does not agree with any provision of the document drawn up by the inspector, he can indicate his disagreement in the protocol. Experts recommend that after going through the established procedure, you still sign the completed protocol, since in practice, in the absence of the driver’s signature, the conclusion can be very different and the citizen will have to answer for a crime that has not been committed.
Note!
To date, a minimum level of alcohol concentration in exhaled air has been established. This indicator is 0.16 mg.
Such indicators can be obtained by drinking a very small amount of alcohol or as a result of consuming a certain type of medication, kefir, berries or kvass.
If the breathalyzer shows an unacceptable level of alcohol content in the body, but the driver is sure that he did not drink alcohol, the road user may request an independent examination at a drug treatment center. Here experts will indicate whether the driver is really drunk or whether the breathalyzer readings turned out to be erroneous.
Note!
A motorist who is not sober has the right to transfer control of the car to a sober person, who, in turn, must be included in the transport insurance.
Also, this person must have his own rights.
What to do if you do not agree with the accusations made
Deprivation of a driver's license, both for the first and subsequent times in 2021, can only occur during a court hearing. Unfortunately, very often there are cases when traffic police officers make false accusations. It is necessary to carefully monitor the progress of the examination procedure and not sign the protocol if there are disagreements. If you are confident that you are right, you should call your lawyer, he will help you avoid undeserved punishment.
Violations that may be committed by traffic police representatives at the place of arrest. They may be the reason for canceling the protocol:
- There were no witnesses during the examination.
- The protocol was drawn up in non-compliance with the prescribed standards.
- Testimony from witnesses was collected retroactively. Neither they saw you nor you saw them.
- At honey The institution where you were tested does not have the appropriate license.
If you are sure that you were driving a vehicle completely sober, and you are deprived of your license to drive while intoxicated, hire a lawyer and prepare arguments in your favor.
If you notice such deviations from the law or other oversights, feel free to go to appeal the punishment. This can be done within 10 days after the resolution is submitted. Necessary documents for the appeal procedure:
- Act on suspension from driving vehicles.
- Sobriety test paper at the scene of arrest.
- Inspection data.
- Document on administrative violation.
- Evidence of witnesses in writing.
In what cases can you lose your license for drinking?
Driving while intoxicated is a violation for which punishment is provided only by means of restraint. This means that no inspector can, by law, draw up administrative material if your breath simply smells of alcohol, your gait is unsteady, or you behave inappropriately. This will require an examination, which can be carried out in 2 stages, but more on that below.
Moreover, drinking alcohol before getting behind the wheel is not prohibited at all. You cannot drive a vehicle while intoxicated - with alcohol in your body. And permissible thresholds are nothing more than the permissible error of the values of measuring instruments.
And these two meanings depend on what exactly is being sampled:
- exhaled vapors : they must contain up to 0.16 (not inclusive) milligrams per liter of air,
- blood : up to 0.3 grams per liter of blood.
Measuring alcohol in the blood during examination began quite recently - on August 3, 2021.
If you are caught driving and at least one of the values exceeds the permissible limit, then your driver's license may be taken away.
In order to understand how to avoid penalties for alcohol if you are caught drunk driving, you need to thoroughly understand the procedure for conducting an examination. The presence of procedural errors during its conduct is a serious and significant chance to avoid unlawful deprivation (after all, the examination was carried out illegally).
Return of driver's license
Those who have been deprived of their license for drunkenness must re-pass an exam on their knowledge of the theory, that is, traffic rules. You can sign up for surrender only after half the sentence has passed. After a successful exam, you must pay off all debts to the traffic police and undergo an examination, after which you will be issued a medical certificate. This document indicates that you can drive a vehicle.
Having collected all the necessary documents (certificate of deprivation of rights, court decision and passport of a citizen of the Russian Federation), go to the department where the driver’s license is located. You must be there in person.
