If you are stopped drunk driving, what is the punishment?

Drunk driver behind the wheel - what are the dangers?

Driving a vehicle requires good coordination and full attention. Drinking alcohol greatly reduces these characteristics. As a result, a drunk person's car often becomes a threat to society. For this reason, the punishment for this regularly increases. A drunk driver behind the wheel in 2019 risks receiving a large fine, losing his driving license, and incurring criminal liability.

Allowed rate

To get a fine for drunk driving, you don't have to drink too much. It often happens that a person sits down after a very small dose and is considered quite sane, but a breathalyzer test says otherwise. Or it may be that the driver did not drink at all, but there are medications that prevent you from driving, as they will also indicate intoxication.

For this reason, it is important to understand how much a person is generally allowed to drink, so as not to disrupt the order. According to the law, the permissible level of alcohol in blood fluid is 0.36 ppm, and in the air - 0.16.

If we take into account the fact that one ppm is approximately a tenth of a percent, then it becomes clear that the driver is allowed to consume just a little bit. According to estimates, you are allowed to drink approximately fifteen grams of vodka or one glass of light beer. However, this is not before the ride, but about a couple of hours before. If you plan to get into the car in the morning, then in the evening you also need to limit your consumption.

How alcohol is eliminated from the body

Most people who drink alcohol believe that it will “evaporate” in the near future.

And this, to some extent, is true, because over time the content of ethyl alcohol decreases. It goes like this:

Through the skin as sweat.
Through the kidneys by urination.
Through the lungs as air.

Motorists should understand that the rate at which alcohol leaves the body varies, and it all depends on personal characteristics. This is influenced by many factors, including weight, age, health and even gender.

The entire process of checking a driver for alcohol consumption occurs in two stages.

The primary one is carried out on the road lane by an inspection worker. The reason is external indicators of intoxication, for example, incoherent, confused speech, coordination problems, and so on. The service worker takes the motorist away from the vehicle and performs a test using a specially designed alcohol tester.

Survey

After the first check, the employee sends the driver to a medical facility for a subsequent recheck. Here the doctor carries out a medical examination, which means a secondary examination with a breathalyzer. The driver must then submit to blood and urine fluid tests.

Based on the research, the health worker writes a conclusion about whether the person is intoxicated.

Almost every day on television and on the Internet you can see notifications about road accidents, the culprits of which are considered to be drunken motorists. The authorities are trying to explain using accessible methods that drunk people should not drive.

However, calls alone cannot eradicate this. For this reason, the Ministry of Internal Affairs uses fines as a persuasive means. The liability for driving while intoxicated in 2019 is much more serious.

Thus, fines and periods of deprivation of rights have increased. Among other things, a criminal article has been introduced for this violation. The police are appealing to all people, if you see a person getting behind the wheel or already driving while intoxicated, do not remain indifferent. Everyone should know how and where to report a drunk driver.

When assigning fines, two main nuances are taken into account: whether there was an accident, and whether there were previous cases of such an offense, that is, a primary case or a secondary one.

What happens if the violation is primary?

What happens if you are caught driving drunk for the first time:

Fine of 30 thousand rubles.
Deprivation of a driver's document for 1.5-2 years;
Arrest for 10-15 days.

A similar punishment for driving while intoxicated awaits those who do not want to undergo a medical examination.

The same applies to handing over the steering wheel to a person under the influence of alcohol. By giving a car to a drunk friend, the car owner risks saying goodbye to his money and license for two years.

Criminal liability for drunk driving is provided if there is an accident with serious consequences, and even in a secondary case.

Repeated violation

There are many people who do not learn from mistakes and repeat them again. If a person is caught drunk by an inspector twice in a year, then this is considered a recidivism, which is punished quite seriously.

If you are caught for the second time, then you face:

Fine 200-300 thousand rubles.
Deprivation of driver's license for 3 years.
Approximately 480 hours of work.
Up to 2 years of forced labor.

The same is provided if the violator for the second time refuses to undergo re-checking.

Back in 2015, an article was introduced on criminal liability of up to two years in a secondary case.

Many people are interested in the question of whether the law provides for the confiscation of a car for drunk driving. Despite the fact that the authorities have repeatedly voiced the innovation, the measure has not been adopted.

If a person was hit by a drunk driver

A collision is considered a serious accident, for which admin is due. and criminal liability. The punishment depends largely on where the accident occurred.

There are two options:

Collision at a crossing that is regulated or not regulated;
Outside the pedestrian crossing.

In the first situation, the driver is to blame; he must make sure that there are no people at the crossing, and then drive.

If the person was drunk, this is an aggravating circumstance. Driving while intoxicated also carries penalties.

The measure is selected based on the harm caused:

Not injured - punishment for drunk driving.
The pedestrian suffered minor damage to health - a penalty of 2500-5000 rubles, or confiscation of the driver's license for up to one and a half years. Plus the penalty for blood alcohol is added.
The victim received damage of moderate severity - a penalty of 10 to 20 thousand rubles, the driver's document in this case will be taken away for 2-3 years.
If the injuries are serious, then work for up to 2 years and imprisonment for up to 3 years are imposed, as well as deprivation of rights for the same period.

Punishment for drunk driving in 2019 includes payment of compensation to the victim and relatives of the accident victim.

If the collision occurred outside the crossing, then the driver does not respond. But if he was drunk, he will pay a fine for drunk driving and lose his license.

And the pedestrian will pay a fine for crossing in the wrong zone. There are also cases when a pedestrian throws himself under a car. In this case, the driver will not be held responsible and, accordingly, there will be no punishment. To do this, it is enough to have a video from the recorder or two witnesses. But if he was drunk, he will still have to pay a fine.

Time to pay

The collection payment process, which is described by the admin. Code, also applies to drunk driving situations.

The deadline for paying any traffic fine is 60 days from the moment it is recorded, in our situation - from the moment the medical examination is concluded.

Not long ago it was decided that drivers who pay a fine within twenty days can get a fifty percent discount.

If payment is not made on time, then information about this is sent to the bailiffs, who give the person ten days to voluntarily repay the debt, and if this was not done, then a punishment is imposed:

The fine increases by 2 times.
Works up to fifty hours.
Arrest for fifteen days.

If a person believes that the penalty was issued unfairly, then he can appeal it within ten days.

Is it possible to reduce or defer payment?

Liability for drunk driving in 2019 involves quite large sums. According to the rules, the judge can reduce the fine to a maximum of fifty percent, but good reasons are needed: necessity, when a person is urgently forced to get behind the wheel.

Also, in court, it is possible to defer payment for a period of no more than three months when a person has financial problems.

Now it’s clear that getting behind the wheel after drinking alcohol in 2019 is not a cheap pleasure.

How to avoid collection

In order to avoid punishment, you must know exactly the order of all procedures. It is difficult to apply this knowledge, because you need to understand everything clearly and clearly, and not yet succumb to the provocations of the inspection officer.

There are recommendations on how to avoid deprivation of your license if you are caught driving drunk:

Do not panic.
Do not confess without double-checking.
Do not take dictation.
Double-check the documentation with the witnesses and find out that they are definitely not traffic police inspectors. There are two of them.
Do not go for inspection without a traffic police officer.
View the protocol, the medical examination report, the results of the recheck, the direction. Look at the date, circumstances and signatures of witnesses.
The check should be carried out only on a device with information displayed on the display and in the presence of a sterile tube.

Is it possible to return the rights ahead of time?

The law stipulates the possibility of returning a license ahead of time only for those motorists who were sober.

It becomes clear that it is best to refuse to drive a car if you are drunk. Drivers who have had their license revoked for drunk driving will not be able to get their license back early.

If you are caught drunk driving for the first time, what will happen, what will be the punishment?

The reality is that more and more drivers are driving drunk in the hope of avoiding responsibility. We agree that only a few succeed.

However, most examples still indicate that a drunk driver causes accidents on the road. Therefore, everyone needs to know what will happen if they drive drunk.

It is noteworthy that penalties for drunk drivers are periodically tightened. This trend is unlikely to change in 2020. As a result, even if you are caught driving drunk for the first time, you must be prepared to bear administrative liability.

What is the penalty for drunk driving for the first time?

Many drivers have a question: if they are caught drunk driving for the first time, what will happen? Well, let's try to explain everything.

When a person is suspected of driving while intoxicated, he may face an administrative fine and temporary withdrawal of his license. However, this is provided that the drunk driver did not cause any trouble on the road.

If people were injured, then criminal liability cannot be ruled out. Here everything will depend on the severity of the consequences.

The likelihood of criminal prosecution increases if you are stopped drunk driving a second time. What punishment awaits the driver and what is the threat in this case? This is subject to criminal liability under Art. 264.1 of the Criminal Code of the Russian Federation.

First of all, the judge may impose a large monetary fine. Its amount can range from two hundred to three hundred thousand rubles.

Other sanctions may include forced (compulsory) labor, as well as imprisonment for a period of up to two years.

Drunk driving and administrative fine

If you are caught drunk driving, what are the consequences? On this occasion, Part 1 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation contains very clear instructions. If the driver’s guilt is proven in court, he will face a fine of 30,000 rubles and deprivation of his license for drunkenness for 1.5–2 years .

These sanctions are applied by the court simultaneously. And if the fine cannot be reduced, then the court has the right to reduce the specific period of deprivation of rights (within the above-mentioned period).

For example, there are already decisions of the Supreme Court in which the highest authority reduced the period of deprivation of rights for a driver to a minimum.

Got caught drunk driving again? Administratively, the punishment for driving while drunk twice is increased. In this scenario, the culprit may face both arrest for 15 days and the same 30 thousand rubles fine .

In addition, if no punishment is imposed, repeated deprivation of rights is allowed.

In any case, the decision to deprive the rights of the very first link can be tried to be reviewed by higher authorities. And an experienced car lawyer with successful practice in similar cases can help with this.

How is drunk driving proven?

When a driver is stopped drunk while driving, it is natural that the fact of intoxication should be confirmed by appropriate research. For this purpose, traffic police inspectors have special certified devices in their arsenal.

If a driver who is drunk and driving refuses to take a test for them, then according to the letter of the law he will be sent for a medical examination.

By the way, refusal to go to the doctors, from the point of view of responsibility, is equivalent to driving while intoxicated. In any case, this is also subject to a fine in the amount indicated above. And even if the driver proves that he was sober, it is still unlikely to be able to avoid liability.

Speaking about medical examination, it should be emphasized that it must follow the procedure established by law (there is a separate order of the Ministry of Health in this regard).

And if it is violated in some parts, then there is a possibility of escaping punishment. Again, this is the path the Supreme Court follows in its practice.

Author: Oleg Vladimirovich Roslyakov, source avt-yurist.ru.

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If you're caught drunk driving, how to avoid deprivation of your license and a fine

Everyone is aware that driving a car while intoxicated is a violation of traffic rules, for which the law provides for administrative punishment in the form of a fine. You can find out in this article how to avoid deprivation if you are caught drunk driving, what is the procedure for appealing the actions of a traffic police officer, what papers are needed for this, what advice do lawyers give in this case.

Is it possible to avoid collection?

Many motorists have been caught drunk while driving at least once in their lives, which resulted in the deprivation of their driver's license.

It should be noted that the driving license is confiscated not by the decision of the traffic police officers, but by the decision of the court of first instance. The duties of traffic inspectors include only:

drawing up a protocol;
filling out papers;
conducting an alcohol test and other procedures established by law.

Appeal procedure

If a motorist is caught driving a car while intoxicated, and he does not want to lose his driving license, he must, when drawing up a report, stock up on arguments and facts that testify in his favor. The more such arguments and facts there are, the easier it will be to prove that:

the examination procedure was violated;
the breathalyzer was of poor quality and could not show the real condition of the driver;
The actions of the traffic police officer were unlawful.

If possible, the driver is recommended to film these facts or bring witnesses to the trial who will help establish the circumstances of the case.

First, it is recommended to request a case regarding the deprivation of a driving license and study it carefully, and if an error is found, the driver will be able to appeal the action of the traffic inspector. You should also carefully study the data about the breathalyzer and find out what technical parameters this device has, what its quality is, and whether it is in working order. If the breathalyzer is faulty or of poor quality, then the readings from this device should not be included in the case.

In addition, based on the driver’s petition in court, you must:

determine whether the traffic inspector had legal grounds to be at the place where the protocol was drawn up;
bring witnesses to the case;
determine whether the inspection process was conducted correctly based on the law.

The appeal statement must contain information about:

the name of the court that is competent to hear this case;
applicant (passport and contact details);
a judicial act that is the subject of a challenge;
list of papers attached to the application.

Required documents

There are several papers that you should pay attention to when drafting. These documents are:

medical examination;
administrative violation protocol.

The contents of these documents should be studied in detail.

The medical examination report must be drawn up by a doctor, and the place of drawing up this document is:

clinic;
dispensary;
specially equipped point.

It should be noted that after the initial check, the traffic inspector records the results of this check in the protocol at the place where the vehicle is stopped. In this paper, the traffic inspector is obliged to indicate the reasons for passing the inspection in medical institutions. So, a traffic police officer can send a motorist to a medical facility for a medical examination if:

The driver refused to take a breathalyzer test on site.
Denies the results shown by the breathalyzer;
If the breathalyzer shows a negative result, but the traffic inspector doubts its accuracy.

For the same reason, the driver is recommended to check whether the actions of the traffic police officer are legal, and whether he entered the data into the protocol correctly. If the driver does not refuse to take a breathalyzer test and does not refuse its results, then the traffic inspector does not have legal grounds to send the citizen to a medical institution.

In addition, the motorist should pay attention to who performed the procedure, since a doctor has this right (if the medical examination takes place in a rural area, then this procedure must be carried out by a paramedic).

The traffic inspector draws up a report on an administrative offense after the breathalyzer test has been carried out. In this case, the motorist should check whether the traffic inspector correctly indicated in the document the place where the car stopped. In addition, you need to check the records of witnesses and their contact details, etc.

What to “catch on to” if you are threatened with deprivation of your license for drunk driving

In the event of deprivation of a driver's license because the driver was drunk while driving, various documents are drawn up. For the same reason, not only traffic police officers, but also medical workers can commit violations. For example:

In the case of an examination, witnesses are not brought into the case, which is a violation of legal requirements.
If a protocol is drawn up, the traffic police officer may not indicate or incorrectly indicate the names of witnesses, or the document may not contain the signature of witnesses.
In the protocol, the witnesses signed the report retroactively, although the witnesses and the motorist did not see each other.
The medical institution does not have a license, or the doctor has not undergone special training, or these facts were not checked in advance, etc.

Motorists make a big mistake when, after deprivation of their license, they do not pay attention to the summons they receive and do not ensure their appearance in court, since the driver’s refusal to appear in court only complicates the matter. The reason lies in the fact that the court hearing, despite the appearance of the defendant, is still held, and the motorist is deprived of the opportunity to provide evidence of his innocence.

Some drivers believe that they can independently protect their rights and legitimate interests in court. To do this, they must be lawyers or must know the legal provisions and all the legal subtleties of the case. If the driver is neither one nor the other, then he can contact a lawyer who, thanks to his experience, will help to return the driving license.

Legal advice

To avoid being deprived of a driving license for drunk driving, lawyers advise:

After the traffic police officer stopped the car, film the actions of the traffic inspector on video, and also carefully remember all the details.
Do not refuse an alcohol test or medical examination.
If you have any doubts about the serviceability of the breathalyzer, go to an independent expert within 5 hours from the moment of testing to undergo an additional check.
Disagree with everything stated in the protocol.
Contact an experienced motor vehicle lawyer who will help resolve the issue in a favorable manner, thanks to his practical experience.

So, in order to avoid being deprived of a driving license, a motorist is recommended to undergo a breathalyzer test or a medical examination. In addition, he should not ignore the summons, since the court case will be considered without him, and he will not be able to prove his innocence. Lawyers also advise carefully studying the completed protocol, as well as inquiring about the technical condition of the breathalyzer, and if the device is in a faulty condition, the driver will be able to challenge the action of the traffic inspector in court. If the court makes a decision not in favor of the defendant, then the driver deprived of his driving license can file an appeal with the court.

If the driver cannot independently protect his rights and legitimate interests, then he should seek the help of a legal specialist, especially in the case when the driver is repeatedly caught for drunk driving, since the penalty, in this case, will be more tough.

Fine for drunk driving in 2019 - is driving under the influence deprived of your license?

A fine for drunk driving is a serious administrative violation, which entails not only the deprivation of a driving license, but also the payment of a large fine. By the way, the State Duma in the second reading adopted a bill that not only tightens liability for repeated offenses, but also transfers it from the category of administrative to criminal with all the consequences.

If you've been drinking, don't drive

The law today provides for a norm regulating the maximum permissible alcohol intoxication, i.e., the alcohol content in 1 liter. exhaled air equal to 0.16 ppm. This value is intended only to level out the error of the instruments used to examine drivers, and this does not mean that you can drink a little before the trip.

Even if the driver is caught drunk by the inspector for the first time, he will be punished not only in the form of deprivation, but also a substantial fine “on top of that.” In numbers, driving while intoxicated is punishable as follows:

deprivation of driver's license from 1.5 to 2 years;
fine 30,000 rub.

The punishment for the owner of the vehicle will not change at all if he transfers control of the car to another drunk driver - the same 30,000 rubles. fine and deprivation of rights.

Innovations! From July 1, 2015, for repeated arrest while drunk within a year (or for repeated refusal of a medical examination - this is equivalent to admitting being drunk), the punishment from administrative becomes criminal. And the driver faces: deprivation of his license for 3 years, a fine of up to 300 thousand rubles and imprisonment for up to two years .

And the troubles don’t end there - in order to get your license back, you need to pass the theory to the traffic police and completely eliminate debts on fines.

If a drunk driver hits a pedestrian

It is no secret that it is often drunk drivers who hit pedestrians. At the same time, both are very lucky if the case is limited to minor bodily injuries - then the motorist also faces only administrative liability. However, if the latter provokes an accident with serious injuries or death of a person, then criminal law will inevitably come into play:

1) serious harm to health - imprisonment for up to 4 years , as an alternative - forced labor for up to 3 years plus deprivation of rights also for up to three years;

2) if a person died as a result of an accident, then the maximum liability is seven years’ imprisonment with revocation of rights for 3 years ;

3) if 2 or more people died in an accident, then the driver may lose his freedom for 9 years , or be sentenced to forced labor for up to 5 years, naturally with a 3-year deprivation of imprisonment.

As we can see, the law stipulates only the maximum liability for these violations, so in fact, many drivers who kill a person while drunk receive suspended sentences. However, deputies have already begun to correct this loophole, and by the summer of 2019, changes will be made to the Criminal Code establishing real minimum prison terms for drivers who cause serious accidents while drunk. We'll talk about this below.

If once is not enough

If you get caught driving drunk within a year after returning your license, you will commit a repeat offense . This would be driving under the influence, which is currently a criminal offense:

deprivation of rights for three years;
fine up to 300,000 rubles;
imprisonment for up to two years.

Let us remind you that refusal of examination is legally equivalent to driving while drunk and entails the same liability.

What awaits drinkers and drivers in the future?

Influenced by the consequences of a terrible accident that occurred in the capital due to the fault of a drunk driver in 2012 and claimed the lives of seven people at once, deputies of the State Duma in the second reading adopted a bill that already introduces criminal liability for repeated driving of a vehicle while drunk.

In July 2015, a new rule came into force in the Criminal Code of the Russian Federation, which proposes to punish drivers who repeatedly committed an offense related to drunk driving:

A fine of 200-300 thousand rubles;
Compulsory work up to 480 hours;
Two years of forced labor;
Two years in prison.

Among other things, the violator will continue to have his license revoked for three years.

For those drivers who, in addition to driving while intoxicated, violated traffic rules that resulted in the death of people, the sanctions were also tightened: