Repeated punishment for driving while intoxicated

Repeated deprivation of rights for driving while intoxicated in 2019 2020

In 2019, repeated deprivation of rights for alcohol intoxication is understood as a situation in which a driver is detained while driving a car while drunk at a time when he is still subject to the previous ban or within a year after the recent return of the driver's license (driver's license).

Please note that in 2014 very strict sanctions regarding this type of violation were introduced and included in the Code of Administrative Offenses of the Russian Federation. Thus, a criminal article has appeared (although in this case we are not talking about committing a serious accident), according to which a car driver can be punished for driving a vehicle (vehicle) while intoxicated, even with imprisonment.

This article contains detailed information about what punishment a driver may incur for repeated deprivation of license for drunkenness.

Driving a vehicle while intoxicated: what is the responsibility under the Code of Administrative Offences?

If a driver was driving his car while drunk and this fact was properly recorded, then the following measures will be applied to him:

• Deprivation of driver's license for a period of 1.5 to 2 years;
• Administrative fine (amount – 30,000 rubles).

Such strict measures are provided in order to stop the motorist from repeatedly violating the law. And, if until recently a large fine was considered a completely adequate measure, now the State Duma has adopted a new law, according to which the driver can even be deprived of his freedom.

Drunk driving again: imprisonment

For quite some time, deputies in the State Duma have been considering the question of how severe the punishment is in case of drunkenness while driving a vehicle. The result of the discussions was the adoption of the following decision: repeated deprivation of a driver’s license (DR) is an insufficient measure for such a serious offense. Now, for such a violation, the driver can face imprisonment (the innovation began to take effect in 2015).

The fundamental reason why deputies were inclined to adopt such a strict measure was the fact that the number of accidents involving drunk drivers on the roads is constantly increasing, and even huge amounts of fines do not become an obstacle for them to repeatedly violate the Law.

In the current conditions, repeated deprivation of a car license for drunkenness can no longer be considered a fair measure, which was the reason for toughening the punishment.

Now the Criminal Code of the Russian Federation provides for punishment for repeated driving while intoxicated in the following amount:

Administrative fine (amount of 200-300 thousand rubles) or in the amount of the salary/other type of income of the offender for a period of 1-2 years;
Work (mandatory - up to 480 hours);
Work (forced, up to 2 years);
Imprisonment (up to 2 years);

We draw the attention of motorists that each of the above types of punishment is applied in combination with the fact that the offender is deprived of the right to engage in certain types of activities or hold specific positions for a period of up to 3 years.

In addition, the important point is that, regardless of the type of punishment (the list is given above) that is chosen for the violator, he will be subject to repeated deprivation of the right to drive a vehicle (you can lose your license for drunkenness if you relapse for a period of up to 3 years) .

It is important to understand that it is not the driver who chooses the punishment, but the court who chooses this punishment for him, making a decision on an individual basis (taking into account specific facts and circumstances).

Drunk driving: how is it punished under the Criminal Code if there are victims in an accident?

The provisions of the Criminal Code of the Russian Federation apply not only to those who repeatedly decided to drive a car while drunk, but also to car drivers who, while driving a car in such a state, became the culprits of an accident where people died as a result of the accident.

In such situations, the punishment may be as follows:

The result of the accident was death for 1 person. Here the driver faces criminal liability (imprisonment for a period of 2 to 7 years) and deprivation of the right to drive a vehicle (up to 3 years);
The result of an accident is the death of 2 or more people. Here the driver faces criminal liability (imprisonment for up to 9 years). As an alternative, punishment may be applied - forced labor (for up to 5 years) and deprivation of the right to drive a vehicle (for up to 3 years).

What punishment awaits a driver for a third offense for drunkenness?

Deprivation of a driver's license for drinking alcohol while driving for the third time, unfortunately, cannot be called a unique case. And, although there is no separate interpretation in the legislation on this matter, it is worth considering this point in more detail.

It is important to know that Article 32.7 of the Code of Administrative Offenses regulates the procedure by which punishment is applied (deprivation of special rights) during the period of validity of the previously imposed punishment.

The meaning is this: deprivation of a driver's license for the third or fourth time comes into force on the 1st day after the completion of the previous sentence. Even if the law does not provide for lifelong deprivation of the driver’s right to drive a vehicle, the summary penalty may well turn out to be lifelong for a particular person.

In addition, such a driver is subject to all penalties that are legally provided for repeated violations. Most likely, the court, when considering such a case, will take into account all the facts and assign a punishment according to the upper limit.

Summarizing the above, we can confidently conclude that drinking alcohol while driving and exposing yourself, as a driver, to the risk of losing your license for drunkenness for the third time is highly undesirable.

How much in 2019? Have you tightened the penalties for repeatedly driving a vehicle while drunk?

As of July 1, 2015, new amendments to the Code of Administrative Offenses of the Russian Federation came into force, according to which penalties for driving a vehicle after consuming intoxicating drinks have been significantly tightened. We have collected all the innovations together and invite you to familiarize yourself with them:

Article 264 of the Criminal Code of the Russian Federation. Here the punishments received a lower threshold, which means: the previously applied punishment was imprisonment for up to 9 years (according to Part 6), now for the same violation there will be imprisonment for a term of 4 to 9 years (assumes that the court will no longer be able to appoint less than 4 years);
Article 264.1 of the Criminal Code of the Russian Federation (new article). A new article has been introduced, which provides for the possibility of bringing the driver to criminal liability in court for repeated driving while intoxicated, as well as for refusal to undergo a second medical examination. If previously the punishment was a fine of 50,000 rubles, now for such violations the punishment can be a fine in the range of 200,000 - 300,000 rubles, or forced labor, or imprisonment (for up to 2 years).

In addition, if any type of punishment is imposed, the driver will be deprived of his driving license for up to 3 years. The introduction of such stringent measures is aimed at reducing the number of drunk drivers on Russian roads, and, as a result, reducing the number of accidents involving them.

Please note that drivers who were detained for the first time for driving a vehicle after drinking alcohol will be punished as before (fine and deprivation of driving license), but they will not bear criminal liability. However, repeated violations will lead to much more serious consequences, which should be kept in mind.

In conclusion, it should be noted that the Traffic Rules were developed not to make life difficult for drivers, but to create the safest possible conditions for all road users. Only strict adherence to them will allow you to move freely on the roads and not worry about your own safety.

Drinking alcoholic beverages is incompatible with driving a car. This rule has not been canceled, and every year the penalties for violating it are becoming more and more severe. These measures are aimed at minimizing the number of drunk drivers on roads and reducing the likelihood of accidents involving them.

Call +7 (499) 455-12-39 (MSK and MO), +7 (812) 426-14-93 (SPb and LO) and 8 (800) 500-27-29 ext.697 (general) and our auto lawyer will answer all your questions for FREE.

The fine for repeated drunk driving

Driving while intoxicated is a serious offense. In the event of an accident, this fact aggravates the position of the perpetrator. Sometimes a driver allows himself to drive drunk a second time. We will tell you about fines for driving while drunk again, as well as about other punitive measures that are prescribed in the legislation of the Russian Federation.

What measures are provided by law for drunk driving without a license?

How severe the sanctions will be depends on whether there has been a previous similar violation. It is also important whether there are signs of a criminal offense. If there was none, the violation occurs for the first time, the person will be punished under Art. 12.8 of the Code of Administrative Offenses (hereinafter referred to as the Code):

arrest for 10-15 days;
fine – 30 thousand rubles.

Entrepreneurs and legal entities persons who allow a drunk or unlicensed employee to drive a vehicle are punished under Art. 12.32 of the Code. The fine will be 100 thousand rubles. And the company specialist who is obliged to monitor the condition of the vehicle is also subject to punishment. He will also be fined, the amount will be 20 thousand rubles. The State Duma adopted a bill that toughens the punishment for repeated drunk driving.

Administrative or criminal liability

If a driver is caught drinking alcohol for the first time, an administrative penalty will follow: a monetary sanction of 30 thousand rubles. In addition, for drunk driving, the offender will be deprived of the opportunity to drive a car for a period of 18 to 24 months. A similar punishment faces the person who handed over the vehicle for use to a drunk. This measure is provided in the absence of a criminal component of the act and is regulated by Art. 12.8 Code of Administrative Offences. Other penalties apply for repeated drunk driving.

Measures to be taken against a driver caught again

Under the influence of the increasing number of road accidents committed by persons who had previously received fines for driving while drunk, the legislation was changed in 2014. On December 31, 2014, Law No. 528-FZ introduced Article 264.1 of the Criminal Code. Now citizens who repeatedly drive a car while intoxicated bear criminal liability, as well as:

Imposition of a monetary sanction from 200 to 300 thousand rubles. or in the amount of annual or biannual income.
Their arrest is possible for up to 3 years.
Assignment of up to 480 hours of compulsory work.
Referral to forced labor for a period of up to 2 years.

Each of these penalties is accompanied by deprivation of the opportunity to work in a number of positions for a period of 6 to 36 months. In addition, the violator will be deprived of his license for 3 years. All of the above measures are not applied for repeated drunk driving if the result was harm to human health. In this case, Art. 264 CC.

For an accident committed by a drunk driver, resulting in the death of 1 person, the perpetrator is imprisoned for a period of time from 2 to 7 years. If the number of deaths is 2 or more, the period increases to 9 years.

Punishment for a drunk who gets behind the wheel for the third time

Despite the tightening of punitive measures for drunk driving, some continue to violate traffic rules and get behind the wheel for the third time. There is no separate article in the legislation for such a case. But there is Art. 32.7 in the Code of Administrative Offences, which regulates the procedure for applying punishment during the period when the previous one is in force. According to paragraph 3 of this article, if rights are deprived for the third time, a subsequent similar sanction will come into force the next day after the completion of the previously assigned one.

In addition, for a person who gets behind the wheel drunk for the third time, all penalties provided for repeated violations are established.

When considering the case, the judge will take into account all the points, and punitive measures will be assigned to the maximum limit.

What to do if you are stopped for the second time for drunk driving

Repeated drunk driving carries harsher penalties. Therefore, the main task of an offender who finds himself in such a situation is to think about the correct line of defense in a lawsuit. It is important to thoroughly study all the evidence prepared by the traffic police. You must read carefully:

protocol on the suspension of the offender from driving;
an act confirming that the driver was drunk while driving, research materials;
paper about administrative violation.

A violator who is repeatedly caught driving drunk can review a copy of the traffic police officer’s report and witness testimony. Documents are valid if they bear the signatures of the inspector and the driver.

What evidence can the traffic police provide?

The traffic police officer must prove driving while intoxicated. The suspect must undergo examination. There are two ways:

First: the traffic police officer determines that the driver is drunk using a breathalyzer. In this case, the presence of 2 witnesses is required. The procedure is carried out at the place where the car is stopped.
Second: the fact that the second time the driver is drunk while driving (as with the first violation) must be confirmed as a result of a medical examination.

In both the first and second cases, an act is drawn up.

Is it possible to challenge

A person who gets behind the wheel drunk must understand how to protect himself. If the examination was carried out by a traffic police officer, he could have committed violations during the procedure and drawing up the report. If they are identified, this will help when considering the case in court. You should pay attention to the following violations:

When the act was drawn up, there was only 1 witness present or there were none at all.
When driving drunk again, there were no witnesses nearby to test the suspect for the presence of alcohol in his blood.
The document is missing one of the signatures: the inspector, witnesses, the person accused of drunk driving.
The witnesses signed on blank forms.

If witnesses were not present during the procedure, they should be summoned to the court. Ignorance of the details of the circumstances of the case by these people will strengthen the position of the defendant. If it can be proven that the protocols were written in violation of legal requirements, the accused has the opportunity to petition to exclude this evidence from the case. It is important to check whether the breathalyzer meets the established standards: whether it has passed mandatory certification and verification.

Period of deprivation of a document for repeated drunk driving

If a driver is caught drunk driving again, in addition to fines and other penalties, he is deprived of his driving privileges. This provision is fixed in Article 47 of the Criminal Code. According to paragraph 2 of this article, punishment for repeated drunk driving is imposed for a period of 6 to 36 months. According to statistics, most often judges decide to ban people from driving a car for 2 years.

Is it possible to restore rights before the date determined by the court?

Regulatory legal acts of the Russian Federation provide for the opportunity to return a document allowing you to drive a car earlier. But only Russians who are deprived of their rights and are sober can use it. Motorists should forget about driving while intoxicated. Persons deprived of a document for repeated drunk driving will not be able to return it before the date determined by the court.

Criminal penalties are being introduced for repeat drunk driving

From July 1, 2015, changes are being introduced to the Criminal Code of the Russian Federation regarding violations of traffic rules. Now, for repeated driving while drunk, the driver will be put behind bars. According to driving instructors , it’s high time to rein in those who like to drive drunk, and this needs to be done with the help of the Criminal Code.

New law

The State Duma, in its final third reading, adopted a law that toughens penalties for driving while intoxicated. According to the new initiative, as driving instructors , criminal liability is introduced for those violators who get behind the wheel drunk again.

The reason for the tightening of the law is obvious. The number of accidents involving drunk drivers is growing every day. Thousands of innocent people die in terrible accidents caused by drunk motorists. Deprivation of rights and considerable fines do not help.

Let us remind you that until recently the fine for drunk driving was 30 thousand rubles and 50 thousand for repeated drunk driving. But even these amounts did not stop drunken reckless drivers.

That is why it was decided to take another measure of influence: to isolate drunk drivers from society, that is, simply put them in prison.

Minimum punishment for victims

If, due to the fault of a driver while intoxicated, an accident occurs in which a person dies, then the motorist will face deprivation of his driver’s license for up to three years and imprisonment from two to seven years. Also, the driver will not be able to engage in certain activities or hold certain positions for up to 3 years. Let us note that previously the prison term in this case was not regulated; it was appointed by the judge.

In the event of the death of two or more people (again due to the fault of a drunk), the punishment will be as follows:

forced labor for up to 5 years, with simultaneous deprivation of rights for up to three years;
or imprisonment for up to 9 years.

In both cases, the driver is deprived of his license for up to 3 years.

Another option: a prison term of 4 to 9 years, deprivation of driver's license (for three years) plus a ban on holding certain positions or a ban on engaging in certain activities for up to three years.

If several people died in a “drunk” accident, then from July 1, 2015, the driver faces imprisonment for a term of 4 to 9 years. Previously, in this case, an alternative punishment could have been applied: forced labor for a period of up to 5 years. In addition, the minimum prison term was not regulated, but was set by the court. This will be canceled from July 1st.

Repeated drunk driving = arrest

The most important innovation is the criminal punishment of a driver for repeatedly driving a vehicle while intoxicated. If previously drunk motorists fell only under Article 264, now they will face a new Article 2641, under which repeat offenders who have committed an administrative violation again will be punished.

So, the new article covers persons who drove a car or other vehicle while drunk, and they have already been subject to administrative punishment for the same violation.

This also includes persons who refused to undergo a medical examination for alcohol intoxication after the request of traffic police or police officers, as well as persons who already have a criminal record for crimes under Article 264 of the Criminal Code (parts 2, 4 and 6).

In this case, the punishment will be as follows:

a fine of 200-300 thousand rubles or in the amount of the salary (other income) of the offender (in our case, a convicted person) for a period of one to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years;
or compulsory work for a period of up to 480 hours with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years;
or forced labor for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years;
or imprisonment for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.

When does the Criminal Code apply?

In what cases can a motorist caught drunk driving be punished under the Criminal Code of the Russian Federation:

The driver had already been deprived of his license for driving while intoxicated.
The driver repeatedly drove a car while drunk, if one year has not passed since the previous violation (that is, deprivation of a driving license).
The motorist has a criminal record for a traffic accident that he committed while intoxicated. By the way, a criminal record is removed three years after completion of the prison term, no later.

Do not forget that in all of the above cases, alcohol intoxication also means refusal of a medical examination.

Penalties for repeated driving while intoxicated:

Fine 200-300 thousand rubles
Monetary penalty in the amount of the convicted person’s annual/biennial income
Forced labor for up to 2 years
Mandatory work up to 480 hours
Imprisonment up to 2 years
Revocation of a driver's license for up to three years as an additional penalty

Let us remind you that until July 1, 2015, the driver for the above violations received a fine of 50 thousand rubles and was deprived of his license for 3 years.

The punishment for repeatedly driving a vehicle while drunk becomes truly serious. Agree, a fine of 200 thousand will be disastrous for any family budget.

And what can we say about a period of two years! Moreover, one should not forget about a criminal record. After all, any criminal record can cause many problems in the future, for example, when getting a job.

Let's hope that the innovations will help clear our roads of malicious violators who drink alcohol while driving.

Video about the new punishment for drunk driving from July 1, 2015:

Repeated punishment for driving while intoxicated

Free consultation with a car lawyer by phone:

Moscow and Moscow region: +7 499 577-00-25 (extension 635)

St. Petersburg and Leningrad Region: +7 812 425-66-30 (extension 635)

Fed. number: 8 800 350-84-13 (extension 635)

CONSULTATIONS CONDUCTED: today - 21, per month - 687, per year - 11,345

Repeated driving while intoxicated is a very serious offense that may result in criminal liability under certain circumstances. Under what conditions can this happen and why it is better to refrain from drinking strong drinks while driving - you will learn about this in our article today.

In 2014, a new article 264.1 appeared in the Criminal Code of the Russian Federation, under which literally from the very first days the police began to initiate criminal cases in batches. As you probably already guessed, this article provides for criminal liability for repeated driving while intoxicated.

Conditions for criminal liability for repeated drunk driving

In order for the police to have grounds to bring the driver to criminal liability under Art. 264.1 of the Criminal Code of the Russian Federation the following conditions must be simultaneously met:

The driver must be caught driving while intoxicated, or the fact of refusal to undergo a medical examination for driving conditions has been recorded;

The driver must be subject to administrative punishment under Articles 12.8 or 12.26 of the Code of Administrative Offenses of the Russian Federation, or have an outstanding criminal record under Art. 264.1 of the Criminal Code of the Russian Federation or parts 2, 4, 6 of Art. 264 of the Criminal Code of the Russian Federation;

At the same time, in accordance with Art. 4.6 of the Code of Administrative Offenses of the Russian Federation, a person is considered subject to administrative punishment from the date the resolution imposing an administrative penalty enters into legal force until the expiration of one year from the date of completion of the execution of this resolution.

To make it clearer to you how this period is calculated, we will give a clear example:

On January 1, 2019, the court issued a ruling against citizen A. under Part 1 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation and he was sentenced to a fine of 30,000 and deprivation of the right to drive for 2 years. On January 10, 2019, this resolution came into force. The term of the imposed punishment will expire on January 10, 2021, and after that, for another 1 year, the citizen will be considered subject to administrative punishment. Thus, if citizen A. is again caught driving drunk in the period from January 10, 2019 to January 10, 2022, a criminal case will be initiated against him under Article 264.1 of the Criminal Code

This is important: for liability to arise under Art. 264.1 of the Criminal Code of the Russian Federation does not matter whether the perpetrator had a driver’s license. Only the fact of repeated driving while intoxicated is important.

Punishment for repeat drunk driving

In accordance with the sanction of Article 264.1 of the Criminal Code of the Russian Federation, the following types of punishment are provided for the commission of this crime:

Fine from 200 thousand to 300 thousand rubles. Considering that the contingent involved under this article is most often not very solvent, this measure of punishment is applied by the courts relatively rarely, because the minimum fine of 200,000 is unaffordable for many;
Compulsory work for up to 480 hours. As practice shows, this is the most popular type of punishment: courts send approximately 90% of all defendants under Art. 264.1 of the Criminal Code of the Russian Federation;
Forced labor for up to 2 years. This type of punishment differs from compulsory labor in that it is served in isolated labor correctional centers. For this reason, forced labor is now prescribed only in those regions of the Russian Federation where correctional centers have been created, and there are still few such subjects in the Russian Federation. In addition, forced labor cannot be assigned to those persons who do not have a criminal record or aggravating circumstances. This was directly stated in the Appeal Ruling of the Supreme Court of the Russian Federation dated October 2, 2018 in case No. 14-APU18-15
Imprisonment for up to 2 years. This type of punishment is imposed extremely rarely and only against persons who have an outstanding criminal record or aggravating circumstances.

This is important: no matter what the main punishment under Art. 264.1 of the Criminal Code of the Russian Federation, he will also be subject to an additional penalty in the form of deprivation of the right to drive a vehicle for up to 3 years

Despite the fact that the chances of going to jail under Art. 264.1 of the Criminal Code of the Russian Federation are not significant, however, a guilty verdict under this article entails a criminal record, a mark of which will remain in the database for life and in the future can significantly spoil the fate of not only the drunk driver, but even affect his children.

Still have questions? Ask our lawyers and get an answer as soon as possible:

We look in detail at the punishment for repeated drunk driving: what are the consequences and can it be challenged?

Driving a vehicle should only be done with a “fresh” head. This is due to the fact that driving under the influence of alcohol and drugs can lead to various consequences, from causing damage to the vehicle, to causing various harm to the health of citizens, even death.

That is why employees of the State Road Safety Inspectorate are very strict with drunk drivers and do everything possible to ensure that an offense for alcohol intoxication occurs for the first and last time.

But what will happen in the situation if the violator is caught for drinking alcohol again and how much will the fine be for this? Sanctions for this type of violation are particularly stringent. A criminal article is applied for punishment; moreover, for a driver who allows driving while intoxicated, there is a huge risk of losing his freedom.

The duration of an administrative penalty is not limited to the day on which the execution of the decision imposing the penalty ends. Administrative penalties are considered extinguished (by analogy with criminal law) after a year has passed from the end date of execution of the decision.

For example, the violator is fined and deprived of special rights. The fine has been paid. The period of deprivation of the right to drive had expired, the driver’s license was returned, but the one-year period, recognized as the statute of limitations for repaying the administrative penalty, had not expired. Before the expiration of the limitation period, a person is considered subject to administrative punishment. If the vehicle is driven while intoxicated before the expiration of the limitation period, the offender will be held criminally liable.

What is the fine if you are caught driving drunk for the first time?

Driving a vehicle while intoxicated constitutes an administrative offense, providing for both primary (fine 30,000 rubles) and additional (deprivation of special (driving) rights for 1.5 to 2 years) punishment simultaneously, on the basis of Art. 3.3 and 12.8 of the Administrative Code.

You can find out more on this topic here.

What is the penalty for repeat drunk driving?

If you have ever been disqualified for driving while intoxicated, but you are caught again, then two scenarios are possible.

You may become subject to both criminal and administrative liability. In many ways, it all depends on the time that has passed since the return of your rights to drive the vehicle.

Administrative responsibility

With the moment (date) of execution of the decision on punishment, the status of the offender does not change. Within a year after this, he is considered to be subject to administrative punishment. The fine was paid, the driver's license was returned, and the status of the offender was maintained. Only after a year will the negative status be lifted, and the citizen will not be recognized as subject to administrative punishment.

Driving a vehicle while the negative status is in effect will entail criminal liability. With the loss of status, administrative punishment will be applied for driving a vehicle while intoxicated, as if it was committed for the first time. It consists of imposing an administrative fine in the amount of 30 thousand rubles, as well as deprivation of the right to drive a vehicle for up to two years.

Also, if the driver was caught for drunk driving and it turned out during inspection that he does not have a license (for example, he was previously deprived of them ( not for alcohol )), if such actions do not contain a criminal offense, then according to Part 3 of Art. 12.8 of the Code of Administrative Offenses, an administrative arrest will be imposed for 10-15 days or a fine in the amount of thirty thousand rubles if the arrest is impossible.

Criminal - if caught for the second time in a year

In accordance with Article 264.1 of the Criminal Code, punishment:

shall be punishable by a fine in the amount of 200 thousand to 300 thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years;
or compulsory work for a period of up to 480 hours with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years;
or forced labor for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years;
or imprisonment for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.

When making a decision, the district court is guided by individual information and makes a decision based on certain circumstances of the case.

If there are casualties in an accident

Article 264 of the Criminal Code is devoted entirely to violation of traffic rules. Actions that entailed serious harm to health, as well as the death of a person, are considered in parts 2, 4, 6 of this norm.

In Article 264, the punishment for grievous bodily harm is considered in part 2, and part 4 of the same article of the Criminal Code stipulates that causing the death of a person while driving a vehicle while intoxicated or leaving the scene of an accident entails a penalty of imprisonment from 5 to 12 years, a ban on holding certain positions and carrying out specific activities.

What are the consequences of driving drunk a third time?

When considering the circumstances of driving a vehicle under alcohol or drugs for the third time, the presence or absence of a criminal record for a previously committed crime , provided for in Article 264.1 of the Criminal Code of the Russian Federation, is of significant importance.

When a person is convicted of a crime, he is recognized as having been convicted from the moment the court decision (sentence) enters into legal force until the date the criminal record is expunged (removed) (Article 86 of the Criminal Code of the Russian Federation):

If an unlawful act is committed during an outstanding or unexpunged criminal record , then the guilty person is held accountable under Article 264.1 of the Criminal Code of the Russian Federation, as for an independent unlawful act.
If the criminal record has been expunged (removed), then any legal consequences associated with it are canceled. In this case, the act should be considered as committed for the first time, using both the mechanism of bringing to administrative and subsequently criminal liability.

As for the deprivation of the right to drive a vehicle, being a special right granted to an individual, it is applied as an additional punishment to the main punishment . The basis for its establishment is a violation of the procedure for using such a right, expressed in gross form or committed systematically. Driving a vehicle while intoxicated inevitably entails the loss of such rights for the violator. If the offender was previously deprived of a special right, this circumstance does not deprive him of the possibility of applying punishment to him in the form of deprivation of such a right on a new basis.

Controversial situations during detention

Trying to avoid punishment if the driver is actually drunk will not lead to the desired result. Traffic police officers who notice a drunk person driving a car will immediately conduct a breathalyzer test and record its readings, which are higher than 0.16 milligrams of ethyl alcohol per liter of exhaled air.

If you disagree with the device data, the person will be sent for a medical examination. The procedure is a blood test. If it shows 0.3 or more grams of ethyl alcohol per liter of blood, then the driver will be declared drunk.

To be fair, it should be said that sometimes a breathalyzer test can show the alcohol content, even if the person has not drank alcohol . Some fairly harmless products, for example, chocolates, tangerines, can affect the device for determining ppm as if the driver had consumed strong drinks in small quantities.

In this case, it is recommended not to resist and undergo a medical examination - it will show a more accurate picture. But if you refuse a medical examination, you will have to be punished, since this action is automatically qualified as “drunk driving.”

There is also an option in which you can get rid of the punishment if the documents were filled out incorrectly during the arrest . In this case, the case may not be tried in court, and the culprit is acquitted.

Is it possible to challenge the repeated revocation of a driver's license for drunkenness?

The legislation also provides a procedure that helps to appeal a court decision. It is resorted to mainly by drivers who believe that the punishment they were given was unfair.

When litigation arises, the case is reviewed by lawyers with considerable experience and high qualifications.

In this case, a characteristic must be attached, which records the person’s exemplary behavior. Proper filing of an appeal can help return the license to the driver at fault before the deadline set by the court expires.

Next, all aspects of the violation are considered, as a result of which the appeals are rejected or granted. Finally, a new sentence may be imposed.

It is worth noting that such actions are possible only in cases where the offender did not commit a serious crime, and in case of damage to other persons, the offender fully compensated for it or compensated for the losses in another way.

Assignment and execution of sanctions

When the traffic police inspector has determined that the motorist is indeed intoxicated, a report is drawn up . After the case materials are submitted to judicial proceedings (according to N 509-FZ dated December 27, 2018, the materials, if there is an administrative offense, are transferred to the magistrate for consideration and decision-making. If the actions of the guilty person constitute a criminal offense, then the case materials are sent to the district court), work is carried out with them.

It is worth keeping in mind that the amount of liability will not depend on the degree of intoxication of the offender. The district court, having considered all the materials, makes a decision depending on the specific circumstances of the case . After sentencing, the offender must be informed of the results.

At what point does the sentence begin?

Many people mistakenly believe that the period of deprivation of rights begins to run from the moment the citizen heard the decision on the case in the courtroom. But this is far from true.

However, if the driver is convicted of drunk driving again, the driver's license must be surrendered. Since he lost them earlier. Therefore, in this situation, the period of deprivation of rights will be added to the first, and another responsibility (deprivation of liberty, etc.) will be immediately after the court decision.

Where and how to get your documents after?

When the time comes for the driver to get his driving license back, he should go through the procedure for returning his license. He will have to undergo a special commission at a medical institution and pass testing to confirm his knowledge of the rules of driving on the roads.

It is better to obtain your license at the traffic police department where you initially submitted your documents. But even if you submitted your ID in another city or region, it doesn’t matter. The document can be sent between departments. The downside is the extended time frame for obtaining a driver's license.

To return rights, the procedure is as follows:

Prepare your passport, the court decision on deprivation, as well as the certificate that was given to you at the traffic police department upon delivery.
Come to the branch and write a return application.
Go through a medical examination and provide a certificate about this.
Sign up to take the theoretical part of the exam and pass it successfully.
Receive your driver's license from the office and sign all the certificates and forms provided.

Is it possible to restore rights before the appointed time?

No . If a driver's license is revoked, the driver will not be able to return it before the end of the sentence.

However, preparatory actions to return the certificate can be carried out long before the end of the sentence. The law allows you to begin collecting a package of documents, passing a medical commission, as well as preparing to pass the theoretical part of the exam after half the allotted period of deprivation . That is, if your rights have been deprived for two years, you can start preparing twelve calendar months before receiving the document. This will have a positive impact on the traffic police officers’ opinion of you.

Conclusion

Do not think that traffic regulations were drawn up with the aim of making life difficult for drivers. First of all, during their development, the goal was to provide road users with the safest possible conditions.

Only by strictly following them can you ensure a calm, accident-free ride. The number of motorists caught drunk is not decreasing, and punishments are becoming stricter in proportion to their increase. You cannot combine drinking alcohol and driving a car. The consequences of these actions are unpredictable.

If you find an error, please select a piece of text and press Ctrl+Enter .