How does a driver's license get revoked for drunkenness?

What to do if you are deprived of your license for intoxication - rules of conduct for the driver

Deprivation of rights for drunkenness occurs in cases where traffic police officers detain a motorist driving a car while intoxicated. A similar situation can happen to anyone who takes the risk of driving their own car after drinking alcoholic beverages.

What are the prospects for resolving a case if a driver is deprived of his license for drunkenness? Is it possible to retain rights? How to behave with traffic police officers? How long does the deprivation last? We will try to answer these and other questions in our article.

Legal norms

Everyone remembers that not so long ago the legislation allowed 0.3 ppm in the driver’s blood, which is equal to approximately one bottle of beer. Currently, this norm is no longer valid and the permissible limit is 0.1 ppm.

The procedure for deprivation of rights

So, the driver is stopped by a traffic police inspector and asked to take a short test - breathe into a “tube”. That is, using the device to determine the presence or absence of alcohol in the exhaled air. Let’s say the device detects the presence of alcohol at a level exceeding 0.1 ppm.

From this moment, stage 1 of the procedure begins - the inspector draws up a protocol on the administrative offense and serves a subpoena. Only a judge can make a decision on deprivation of a special right.

The driver continues to use his license for some time. Then a court hearing takes place, the judge makes a decision. The culprit pays the fine and submits the payment receipt to the court.

Then he comes to the traffic police department, where the procedure for revocation of rights takes place. A resolution is drawn up indicating the date of seizure. The driver is waiting for the deadline set by the court to pass. Passes a written exam and gets your license back.

Early return of the driver's license

Drivers who have had their license revoked for drunkenness are wondering how to get their license back before the deadline. Internet sites and signs of law firms are full of promises of 100% results when you contact them for help. Let's look at what can actually be done.

Formally, an appeal against a decision in a case of an administrative offense is allowed. This option is only suitable if new evidence has emerged that was not presented to the trial court. In other cases, it is almost impossible to get your license back for drinking, and cooperation with lawyers will most likely result in a pointless waste of money.

There is a much greater chance of avoiding punishment and subsequently returning the driver’s license to the motorist who behaves competently in the process of communicating with the traffic police officers who draw up the protocol and during the court hearing.

Let's consider the basic rules that every motorist should know about in order not to lose his license.

Rules of driver behavior

You should not try to hide from traffic police officers. It's useless 99.9% of the time. But the consequences may not be limited to simple deprivation of rights and a fine.

You should not refuse a medical examination. This means the driver is automatically found guilty. It is not recommended to require examination at a medical institution. If you drank alcohol the day before, the tests will show a higher blood alcohol level than the device.

In the protocol, you must provide your personal explanation, which in no case should indicate the fact of drinking alcohol the day before. It’s best to insist that you didn’t drink anything.

If an error is discovered in the preparation of the protocol or witnesses are not invited, you should not mention these facts to the police. Their mistakes can be used in court later.

Trial

So, what should you do to avoid being deprived of your rights in the future? If the above conditions have been met, then you can contact experienced lawyers who may help you regain your rights. In this case, there are chances to challenge the fact of being intoxicated. Including indicating that the breathalyzer device was faulty.

An experienced specialist will tell you what arguments to choose to explain your position. If an administrative violation is committed for the first time, you can try to ask the judge to change the penalty to a warning.

If all else fails and the deprivation of your driver’s license for drunkenness does occur, you will have to wait for the expiration of the deprivation period. Driving without a license is illegal. This violation is punishable by a fine of 30,000 rubles or imprisonment for 15 days, which is used less frequently in practice.

Procedure for revoking a driver's license for drunkenness

Driving a vehicle for a person who has taken substances that can cause alcohol or drug intoxication is prohibited by law. However, in life there are various situations, and therefore, when faced with a charge of drinking alcohol while driving, a citizen needs to know his rights.

The concept of "alcohol intoxication"

Government Decree No. 475 establishes the criteria based on which the traffic police inspector determines whether a driver is intoxicated. These include:

Alcohol smell.
Unstable posture.
Speech impairment.
The fingers are clearly trembling.
The skin of the face changes color.
Behavior does not correspond to the situation.
Instruments and indicators indicate the presence of intoxication.

An inspector who finds at least one of the above signs in a person driving a vehicle is obliged to send him for a medical examination.

Article 12.27 of the Code of Administrative Offenses provides that one can speak of the presence of alcoholic intoxication if a person is found to have a concentration of a substance such as ethyl alcohol exceeding 0.16 mg per 1 liter of exhaled air. For a blood test this corresponds to approximately 0.3 ppm.

Important! If you are stopped by a traffic police inspector and asked to undergo a medical examination, you cannot refuse under any circumstances. Since, in case of refusal to undergo it, the inspector has the right to draw up a protocol and bring the citizen to the admin. liability, guided by Article 12.26 of the Code of Administrative Offences.

According to the provisions of this article, refusal to undergo a medical examination is equivalent to the driver admitting he is drunk and involves appropriate punishment.

For those drivers who are interested in how long after taking alcohol-containing substances they can drive a car, we provide a table designed for men 25-45 years old weighing 75-90 kg (for women, the weathering rate should be multiplied by two).

Note! The table shows approximate data, since for each person they are purely individual.

What awaits a drunk driver?

In 2017, punishment for drunk driving is provided for in Art. 12.8 Code of Administrative Offenses of the Russian Federation. According to its provisions, a drunk driver will face the following punishment:

deprivation of a driver's license for a period of 1.5 - 2 years;
fine 30 thousand rubles.

In 2017, penalties for drivers who found themselves driving drunk for the second and third time were tightened. To such citizens, depending on the severity of their offense, in addition to administrative liability, criminal liability may also be applied (Article 264.1 of the Criminal Code of the Russian Federation). The amendments in question came into force in the summer of 2015 and continue to apply to the present day.

The new law provides in this case:

A fine, the amount of which is from 200 to 300 thousand rubles.
Deprivation of rights for up to 3 years.
Community service up to 480 hours.
Forced labor for up to 2 years.
Imprisonment, which can last two years.

The punishment for the guilty driver is chosen by the court. The grounds for holding him accountable or depriving him of his rights are the testimony of witnesses and medical results. examinations confirming the presence of alcohol intoxication while driving. However, some drivers still manage to avoid deprivation of their license for alcohol intoxication in court.

A person who has transferred control of his car to a drunk citizen will not be able to avoid responsibility. Paragraph 2 of the above article implies liability for such an act in the form of:

A fine of 30 thousand rubles.
Deprivation of rights for 1.5 - 2 years.

Important! An offense committed within 12 months after the return of rights will be considered a repeat offense. In this case, it is no longer administrative, criminal liability that is subject to application.

How does prosecution work?

The procedure for depriving a driver's license for drunkenness in 2017 provides for the following algorithm of actions on the part of the traffic police inspector.

Stopping a car by a traffic police inspector.
Removal from driving a car and drawing up a protocol.
Referral to medical examination and drawing up a protocol.
Passing the driver's med. inspection with the preparation of the corresponding act.
According to the results of honey. investigation, drawing up a protocol on the basis of Art. 12.8 Code of Administrative Offenses of the Russian Federation.
Detention of a car and a ban on its operation with the drawing up of an appropriate protocol.

Important! During the medical The examination must be attended by witnesses or video recorded.

Witnesses by their signature on the protocol confirm the fact of carrying out certain procedural actions, as well as their results.

A violation of the sequence of this algorithm indicates that procedural violations have been committed that should be subjected to legal analysis. In such a situation, it is advisable to seek the help of qualified legal specialists who will analyze the situation and develop a defense strategy, thus preventing illegal actions by representatives of the law.

You should also know that even a driver who has lost his license has the right to appeal, during which the decision of the trial court will be reviewed.

What arguments does the driver have to defend himself?

The liability that comes with drunk driving largely depends on how legally savvy the citizen who is held accountable is. From the above it is clear that the procedure for applying sanctions to a drunk driver is associated with the implementation of a number of procedural actions and the participation of a certain number of persons (inspectors, medical workers, witnesses). Therefore, during its implementation, a sufficient number of violations may be committed. The most commonly accepted are:

Procedural violations when drawing up the protocol.
The person or medical institution that conducted the examination does not have a license established by law.
Lack of witnesses.
The statute of limitations for revocation of a driver's license for drunkenness has passed.

Therefore, it is more possible to win a lawsuit; it would not be a bad idea to involve an experienced lawyer in the case.

Is the driver always at fault?

It has been established that when a driver consumes certain foods and drinks, a breathalyzer can show the presence of alcohol intoxication.

Thus, the consumption of kvass, fermented milk products, black bread, medications containing alcohol, and tobacco products can cause disagreements between the traffic police inspector and the driver, as a result of which the latter may lose his license for drinking alcohol.

Here is a list of products that contain alcohol content (in ppm)

How should a driver who finds himself in such a situation behave? If you are sure that you did not drink alcohol, if a disagreement arises with the inspector, you must act as follows:

Behavior with the inspector must be appropriate and friendly.
Under no circumstances should you avoid undergoing medical treatment. examination, since a biochemical blood test will confirm the absence of alcohol in the blood.
Insist on receiving copies of documents from the medical institution where the examination took place.
Write down the names and telephone numbers of the witnesses who took part in the medical case. examination.
Include your objections in the protocol drawn up by the inspector, clearly and in detail explaining the situation.

Note! The inspector does not have the authority to deprive you of your rights; only a court can do this, after an objective consideration of all the circumstances of the case, studying documents and hearing witnesses.

Thus, the traffic police inspector has no right to take away the license right on the spot. It should also be taken into account that, if you suspect intoxication, the inspector will remove you from driving the car for safety reasons. You should not trust the inspector to drive the car, because if he commits an accident, all responsibility will fall on the driver and the insurance company will refuse to pay the insurance compensation, since the inspector is not included in the insurance policy. In such a situation, you should invite the person who is recorded in the MTPL policy and transfer control to him.

We remind you! To regain your license after deprivation, you will have to take the exam again and also pay all existing fines, otherwise your license will simply not be returned.

The most current legislative norms on deprivation of rights for alcohol intoxication. What are the dangers of “degrees” while driving?

Due to the significant number of road accidents caused by persons under the influence of alcohol, the legislation is constantly becoming stricter regarding violators. In most cases, these violators are persons aged 17 to 19 years, including those who do not have a driver’s license. This article will present legislative norms in accordance with 2018. We will try to tell you all the most important things about what it is - deprivation of a driver's license (hereinafter referred to as the driver's license) for alcohol intoxication, what sanctions are provided for driving while intoxicated.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 703-38-65. It's fast and free! . It's fast and free!

What is the punishment for drunk driving?

Driving while intoxicated is an administrative offense subject to appropriate legal sanctions.

According to Article 12.8 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Administrative Offenses Code of the Russian Federation), a driver who is driving while intoxicated faces “an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.”

This act does not entail criminal punishment, just like refusal to take an alcohol test at the request of an official (Article 12.26 of the Code of Administrative Offenses of the Russian Federation), if no other actions were committed, which in turn could entail such punishment.

However, you need to know that refusal to take the test will result in arrest and a fine, even if there is no alcohol in the driver’s blood. The legal penalties are the same for both refusal and drunk driving.

If the person driving did not have a driver's license, an administrative arrest will be applied for 10-15 days or a fine of 30 thousand rubles will be imposed, if the arrest cannot be applied to this person: a pregnant woman, a disabled person of group 1 or 2.

Permissible blood alcohol limits

In 2018, the legal limit for blood alcohol is 0.16 mg/liter as measured by exhaling into a snorkel, or 0.35 ppm when taking a blood test.

For a man weighing 80 kilograms, these indicators will be exceeded an hour after drinking one hundred grams of vodka, 500 milliliters of beer or 330 milliliters of wine (or other alcoholic drinks of equal strength).

In addition, the content of products that increase the risk of detecting excess alcohol was recorded in black bread containing cereals, kvass, chocolate products, non-alcoholic beer and similar drinks, refreshments, juices and fermented milk products, as well as in oranges and bananas.

In addition, it should be remembered that when performing a test by drawing blood, the error is up to 0.02 ppm. With a content of 0.35-0.45 mg/liter of alcohol in the blood, a person does not notice the changes occurring in his body, however, even with this indicator, the coordination of movements and the driver’s reaction speed deteriorate, and the desire to exceed the speed often appears. In this case, speeding will incur additional sanctions.

For how long will the driver be deprived of his license?

Part 2 Art. 3.8 of the Code of Administrative Offenses of the Russian Federation establishes the maximum period for deprivation of the right to drive a vehicle for these violations at three years. Thus, there is no risk of deprivation of license for drunk driving.

However, there remains the possibility of repeated deprivation of a driver's license in case of persistent violations. The number of these deprivations is not limited.

Sanctions for repeated violations

In case of repeated violation, the fine for drunk driving increases to 50 thousand rubles. , and the period of deprivation of a driver’s license is up to three years. A repeated violation is considered to be committed within one year from the date of entry into force of the previous punishment.

How does the process of document seizure take place and is an appeal possible?

The procedure for confiscating a driver's license for drunkenness is as follows. The traffic police inspector has the right to confiscate the driving license if the device shows that the permissible alcohol limit is exceeded. At this moment, the procedure for confiscating a physical holder of ownership, and not a legal right, takes place. In turn, deprivation of legal rights must be carried out in accordance with a court decision and is impossible without it.

After drawing up a protocol, the inspector has the right to confiscate the violator’s driving license, and is also obliged to issue a temporary permit to drive a vehicle, valid until the trial in this case. In case of non-compliance with these rules, the driver has the right to appeal the actions of the traffic police officers.

The case is transferred to an official, who, in turn, has the obligation to transfer it to the court within 15 days. It will take 60 days to consider the case. The case is heard by a district or magistrate judge.

In the event of a decision to deprive the driver of the vehicle, the violator is required to surrender his license and temporary driving license. The court may also oblige the offender to register with a narcologist.

To appeal you will need:

certificate of examination for alcohol intoxication on the spot;

a printout or hard copy of the examination report with the results of the study;

protocol on referral to medical care. examination;

administrative violation protocol;

traffic police officer's report;

written testimony of witnesses, witnesses (if any).

In case of deprivation, it is not possible to return the right to drive a vehicle early.

Will you be deprived of your driving license for driving while intoxicated for the first time?

If there is a suspicion of alcohol intoxication, traffic police officers will stop the driver and use a breathalyzer to conduct a test , and will also record the results in the protocol if the indicators are positive.

For the first time, this violation will result in an administrative fine in the amount of 30 thousand rubles. and deprivation of a driver's license for a period of one and a half to two years.

Nuances if the driver is on drugs

Traffic regulations prohibit driving a car under the influence of alcohol or drugs. The following signs will indicate to the traffic police inspector that the driver may be under the influence of drugs:

frequent involuntary vibrations;

altered size of the pupils of the eyes;

trembling of limbs or fingers;

difficulty making precise movements.

also has the right to remove the driver from driving a vehicle to undergo a medical examination. This examination is regulated by Order No. 933n of the Russian Ministry of Health dated December 18, 2015.

Legal sanctions and the process for imposing them due to drug intoxication while driving are similar to those for the violation considered: drunk driving.

The potential violator's driving license is confiscated by the inspector, and in return, a temporary permit is issued to drive the vehicle until the start date of the trial. Just as in the previous case, the driver undertakes to surrender a temporary permit in the event of deprivation of rights according to a court decision.

Legal sanctions are exactly the same as for drunk driving : an administrative fine of 30 thousand rubles. and deprivation of a driver's license for a period of one and a half to two years.

The penalties are also identical for repeated violations and if the driver does not have a license to drive a vehicle. It should be noted that if the owner of the car entrusted its operation to a person under the influence of alcohol or drugs, then the owner of the car faces exactly the same legal sanctions as the violator himself.

Useful video

From the video you will learn what types of penalties for driving a vehicle while under the influence of alcohol or drugs:

Conclusion

Despite the constant updating and tightening of legislation, violators under articles “for drunkenness” do not face lifelong deprivation of rights , nor do they face criminal liability. It is also worth noting that in practice, cases of deprivation of a driver’s license often occur due to the driver’s refusal to undergo the required tests.

Therefore, citizens should know their rights and responsibilities regarding these violations. In addition, in the event of a conflict with officials and the case being referred to court or the desire to appeal a court decision, the assistance of a lawyer will be very useful.

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Deprivation of rights for drunkenness for the first and second time

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This material is dedicated to the problems of motorists who, for various reasons, got behind the wheel while drunk. The article contains current recommendations explaining what to do if you want to lose your license for drunk driving and how to minimize the consequences of this serious violation. At the same time, you can find out what measures are taken against cyclists and scooter drivers who have drunk before a trip.

Also, from our review on this current topic, you will find out what will happen to those who are caught behind the wheel after being deprived of their driving license for drinking alcohol. Since different penalties apply to drivers in different situations, we have provided all the possible penalties and the current fine amounts . You will also find out how long you can remain without a license.

Subtleties of the law

Deprivation of rights for drunk driving under the new law in its latest edition is regulated by Article 12.8, 12.26 of the Code of Administrative Offenses :

For driving while intoxicated, the offender is punished with an administrative fine in the amount of 30,000 rubles. The violator's driver's license is confiscated, according to a court order, for a period of no more than two years ( Article 12.8 Part 1 of the Code of Administrative Offenses). It is worth remembering that the actions of the violator should not contain a criminal offense.

Fine for driving while intoxicated

The fine for driving while intoxicated has increased significantly since 2016. According to Article 12.8 Part 1 and Article 12.26 Part 1 of the Code of Administrative Offenses of the Russian Federation , a driver who was intoxicated and his actions did not entail a criminal offense will be sentenced for committing a crime in the form of a monetary penalty in the amount of 30,000 rub . From now on, the law has become much harsher for those who drink and drive.

Deadline for deprivation of rights in 2019

No matter how many licenses are revoked for drunk driving, some drivers are not deterred. Although the punishment for such a serious violation today is quite severe. According to the Code of Administrative Offenses of the Russian Federation, the maximum period for which they can deprive of documents confirming the ability to drive a vehicle is three years .

In 2019, the court’s decision when considering the issue may be influenced by such cumulative factors as:

the violation was committed for the first time, once;

repeated violation;

aggravating circumstances (the driver’s actions caused damage, physical harm was caused to the health of other citizens).

In cases where, in violation of traffic rules, the driver was driving while intoxicated, and also caused serious injury to the health of others, sanctions are applied in accordance with the Criminal Code of the Russian Federation .

According to Art. 264 part 1 and part 2 of the Criminal Code of the Russian Federation , if the driver of the vehicle was drunk and violated traffic rules, and also caused serious harm to health through negligence, he is punishable by arrest for a period of up to six months .

A more severe sanction is restriction of the offender’s freedom for up to three years . Alternatives are possible - forced labor for a period of up to two years . An optional but possible condition for the application of this sanction is a ban on “holding certain positions or engaging in certain activities” for up to three years.

If, while intoxicated, the offender committed actions that, through negligence, led to the death of a person, then this crime provides for imprisonment for up to seven years ( Article 264 Part 4 of the Criminal Code of the Russian Federation ). In cases where the crime led to the death of two or more persons through negligence, then the length of stay behind bars increases to nine years. ( Article 264 Part 6 of the Criminal Code of the Russian Federation ).

The maximum term for the acts in question and their penalties are indicated.

Driving a scooter (moped) while intoxicated

According to Federal Law No. 307 of October 14, 2014 , which amended the Code of Administrative Offenses of the Russian Federation, both cyclists and scooter drivers are now responsible for traffic violations.

Therefore, drivers with category “M” also do not have the right to drive drunken vehicles.

Art. 12.29 Code of Administrative Offenses of the Russian Federation :

Violation of traffic rules by a person who was driving a category M vehicle while intoxicated entails an administrative penalty in the form of a fine of up to 1,500 rubles.

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 2019, the procedure for depriving 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.

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.

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.

How to avoid deprivation of rights for drunkenness for the first time

You cannot evade the deprivation of your license for alcohol intoxication either the first time or any other time. This is only possible if the driver was sober and the inspector is simply making a mistake or pursuing selfish goals. It is easier to prove that you are right if you follow the following instructions :

No rudeness, shouting, fighting. Calm and rational conversation with the inspector.

Provide objective reasons for innocence that the inspector will take into account.

Read the protocol carefully. Pay special attention to the paragraph that concerns the alleged violation.

The presence of media materials and witnesses is a great help during the proceedings. The presence must be noted in the protocol.

How long can you lose your license for drunk driving?

Based on Art. 12.8 of the Code of Administrative Offenses of the Russian Federation , driving a vehicle by a driver who is intoxicated, if such actions do not constitute a criminal offense, shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

Also, for committing this offense, in accordance with Article 27.13 of the Code of Administrative Offenses of the Russian Federation, the vehicle is detained by stopping the movement using blocking devices. Detention is applied until an administrative fine is paid.

The law does not provide for exceptions for those violators who were caught driving drunk for the first time. It all depends on the results of the medical examination for alcohol, how it was carried out, and whether everything was completed correctly. The case of deprivation is considered directly in court. A meeting can only be productive and effective if you prepare for it appropriately: provide testimony from witnesses, video or photographic footage, and enlist the support of a good lawyer.

Read more: Which tires are better for braking on ice
Revocation of license for repeated drunk driving

According to the general provisions of Articles 12.8 and 12.26 of the Code of Administrative Offenses of the Russian Federation, seizure is possible for a period of 1.5 to 2 years . Depending on the combination of secondary factors that can give weight to the case, in 2019, deprivation of rights for repeated drunkenness can range from three years, and a monetary penalty can also be added to the burden of this period . For another violation of the law, the violator will have to pay up to 300,000 rubles.

Also, for driving while intoxicated, the law provides for more severe punishment and repeated deprivation of driving license. But that is not all. There is additional liability for this offense, and it can be considered both criminal and administrative - depending on the severity of the offense.

What happens if you lose your license for drunkenness and get caught driving again?

Since July 2015, changes to the Code of Administrative Offenses and the Criminal Code of the Russian Federation came into force, which tightened sanctions for driving while intoxicated .

According to Art. 264 of the Criminal Code of the Russian Federation , the violator has the right to apply restriction of freedom from four to nine years . Punishment for multiple violations is provided for in Art. 264 part 1 of the Criminal Code of the Russian Federation . A citizen who has repeatedly driven his own vehicle while drunk is brought to criminal responsibility. The same measures can be taken if the offender repeatedly refuses to undergo a medical examination for the presence of alcohol-containing drugs in his blood.

The judicial authorities have the right to impose penalties in the following form:

fine for repeated drunk driving - its maximum amount has increased to 300,000 rubles;

revocation of a driver's license for drunkenness for up to three years;

forced community service in the amount of 480 hours;

forced labor for various purposes for up to two years;

restriction of freedom for a period of two years.

It is also worth remembering that if you drive while intoxicated without a license, your sentence is cumulative, and the second punishment will come into force the next day after the first one ends , according to Art. 32.7 part 3 of the Code of Administrative Offenses of the Russian Federation . That is, you will have to serve a double sentence, and the second one will be much more severe.

Permissible alcohol limit while driving in ppm in 2019

In September 2013, changes were made to the current legislation. “Note” clause explains the permissible amount of ppm alcohol in the blood.

Administrative liability, described in Article 12.8 and Part 3 of Article 12.27 of this Code , occurs in case of confirmed use of substances that can cause alcohol intoxication. A violation is detected if the presence of absolute ethyl alcohol in the blood is determined in a concentration that prevails over the possible total measurement deviation, namely 0.16 milligrams per liter of exhaled air , or in the case of the presence of narcotic drugs or psychotropic substances in the human body.

For drivers, the following is an approximate diagram of the removal of alcohol from the blood for a man weighing from 75 to 90 kg. In addition, you can use an alcohol calculator, which will show the ethanol content in the blood.

Deprivation of rights for drunkenness: grounds, procedure, sanctions, driver and inspector rights

Drunk driving is considered one of the common causes of road accidents and deaths. The state has provided countermeasures, including the collection of fines, towing of the car, and deprivation of rights for drunkenness. In some cases, administrative arrest and criminal liability of the driver are possible. Read more about this in our article.

Deprivation of rights for drunkenness: grounds, procedure, sanctions, driver and inspector rights

Grounds for revocation of license for drunk driving

According to clause 2.7 of the Russian Traffic Regulations, driving while drunk is strictly prohibited.

ATTENTION! It is also not allowed to drink alcohol after an accident or a car being stopped by a police officer (until the examination).

Clause 2.7 of the Traffic Rules of the Russian Federation

The grounds for confiscating a citizen’s driver’s license (DR) are:

driving under the influence of alcohol or drugs;

transferring control of transport to an intoxicated person;

refusal of the medical examination procedure;

drinking alcohol after a car was stopped by the police or an accident occurred;

repeated driving while drunk, refusal of medical examination.

Each of the listed cases, if proven and documented by an inspector or a doctor, becomes in 2019 a compelling reason for deprivation of human rights for a period of 18 to 24 months.

Legal basis

Regulatory regulation of issues related to driver drunkenness is carried out by the Traffic Regulations of the Russian Federation, the Code of Administrative Offenses (CAO), and relevant orders and resolutions.

Table 1. Legal basis for deprivation of rights for drunk driving

Procedure for withdrawing a driver's license

The general procedure for depriving a citizen of his rights when signs of the presence of alcohol in his body are detected contains several sequential steps:

stopping a car by a traffic police inspector;

identifying symptoms of intoxication in a driver. These include a characteristic odor, speech dysfunction, difficulty maintaining balance, changes in skin color, strange behavior;

Clause 227 of Appendix 1 to Order of the Ministry of Internal Affairs No. 664

drawing up a protocol prohibiting driving the machine;

offering the citizen an examination;

If the driver approves the procedure, a breathalyzer is used. If the test is positive and the person agrees with the result, the car is detained and sent to a special parking lot. An appropriate protocol is drawn up under Art. 12.8 of the Administrative Code, then the citizen awaits trial;

if you disagree with the use of a breathalyzer or with its readings, the driver is asked to undergo a medical examination;

if you refuse medical procedures to identify the fact of intoxication, a protocol is drawn up under Article 12.26 of the Code of Administrative Offences. Then the car is detained, sent to a fine parking lot, then the citizen awaits a court hearing;

if a person approves a medical examination, he is sent for an examination, as a result of which the presence of alcohol in the body is confirmed or refuted;

if alcohol consumption is detected, an administrative case is initiated (Article 28.1 of the Administrative Code) and a protocol is drawn up under Art. 28.2 Code of Administrative Offences. The case is then considered in court with the appropriate punishment imposed (Chapter 29 of the Code of Administrative Offenses).

Fines and other sanctions in 2019

The sanctions imposed on the offending driver depend on his behavior, the severity of the violations, the presence of criminal offenses and related circumstances.

Table 2. Punishment of a citizen for driving while drunk in 2019

Payment of the fine is made within 60 days from the date the court order comes into effect. If payment is not made within the specified period:

within 10 days, the judge sends the bailiff a copy of the decision to formalize the forced collection;

At the same time, a protocol is drawn up under Part 1 of Art. 20.25 of the Code of Administrative Offences, with the imposition of fines doubled. That is, the citizen will have to contribute 30 thousand rubles, and 60 thousand.

It is impossible to reduce the fine for this offense; it is only permissible to petition the judge for an installment plan or deferred payment (Article 31.5 of the Administrative Code).

How should a violator behave?

The rules of conduct for a driver suspected of drinking alcohol-containing substances depend on whether this fact is actually present.

ATTENTION! If a person actually drank alcohol, it is recommended to confess to the offense, since it will not be possible to avoid fair punishment. Refusal of examination and medical examination will not help, since the court will regard it as confirmation of the suspect’s guilt.

If the driver is confident in his own sobriety, it is important for him to prove it to the inspector while remaining calm:

firmly defend your position and not be fooled by provocations;

ask to see documentation confirming the verification of the alcohol tester. If the inspector does not provide a certificate, a mark in the instrument passport or when using a used disposable tube (it must be unpacked in full view of the citizen), the examination may be refused;

in other situations, it is not recommended to refuse testing even in the event of a conflictual conversation with a police officer. Examinations are carried out with 2 witnesses or recorded on video. Before signing the act, you must request a re-measurement of concentration. Some police officers ignore this rule or enter the same indicators. However, repeated measurements after a time interval of 20 minutes with borderline indicators may work in favor of the accused;

if the driver believes that the positive test result is false, he must insist on a medical examination;

in any documentation (act, protocol) indicate disagreement with the charges brought. The driver has the right not to leave his signature if he is sure that the data is unreliable.

All violations and errors made by the inspector when completing the procedure are considered in favor of the accused, so it is important to focus on the little things (by what signs did the inspector suspect intoxication, who are the witnesses, and so on).

Closing a case is possible only for good reasons if:

there are serious errors and inaccuracies in the protocol or act, or the data in these documents differs;

the information provided by the inspector and the witnesses does not match;

the policeman and the witnesses are acquaintances;

the documentation lacks signatures and contact details of witnesses;

testing on the tester was carried out before the suspension from driving;

the laboratory in which the examination was carried out operates without a license.

In 2019, only drunk driving is recognized as an offense; being drunk in a car without moving it is allowed. Therefore, some drivers, seeing a patrol approaching from afar, stop the car on the side of the road. In this case, inspectors will have to additionally prove that the car was moving.

Permissible level of alcohol in the body

Article 12.8 of the Code of Administrative Offenses specifies the concentration of ethyl alcohol, upon detection of which the driver is deprived of his license.

Table 3. Allowed indicators of alcohol in the body