My license was taken away for drunkenness, what should I do?

Deprivation of rights for alcohol intoxication (Article 12.8 of the Code of Administrative Offenses of the Russian Federation)

Alcohol intoxication is one of the most serious violations, as is refusal of a medical examination (Article 12.26 of the Code of Administrative Offenses - KRFoAP).

Are you at risk of losing your driver's license for drunkenness? It's time to find yourself a good car lawyer!

, our specialists have accumulated extensive experience in successfully returning rights , including the specifics of “driving while intoxicated.”

We use the most successful protection strategies that have been repeatedly tested in practice, optimizing them for each specific case. This allows you to return rights in the shortest possible time.

Example of a won case:

Reasons for termination

The most common reasons for termination of cases of deprivation of rights for alcohol:

1. Failure of the traffic police inspector to comply with the requirements of the law on the mandatory presence of witnesses when drawing up protocols to ensure the proceedings in the case when registering a violation.

protocol on removal from driving a vehicle;
certificate of examination for alcohol intoxication (in cases specified by law);
protocol on referral for medical examination;
protocol on the detention of a vehicle.

Example of a won case:

Used in 15 cases out of 100 dismissed cases.

2. Absence in the corresponding column of the protocol of a person’s signature confirming familiarization with Art. 51 of the Constitution of the Russian Federation (on the right of a person not to testify against himself and close relatives)

Occurs in 19 cases out of 100 dismissed cases under Article 12.8 part 1 of the Code of Administrative Offenses.

3. To the driver:

at his request, the integrity of the mark and the verification certificate or verification records in the passport of the technical measuring instrument were not demonstrated;
information about the procedure for conducting the examination was not provided;
it was not explained that he had the right to disagree with the results of the examination.

Example of a won case:

Occurs in 40 cases out of 100 dismissed cases.

4. The magistrate committed violations when considering the case .

Example: rights have been returned because The judge did not question the witnesses:

The most important thing: the case is subject to termination due to the totality of violations of the procedure for bringing to administrative responsibility and the consideration of the case committed during the preparation of the administrative material.

If you are facing deprivation or have already been deprived, call us! We will definitely help you.

All our consultations are free!

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What to do if your license is taken away for drunkenness?

This type of violation is one of the most severe. Deprivation of rights for alcohol lasts from one and a half to two years. A more severe punishment is provided only if you repeatedly violate traffic rules.

Many drivers mistakenly believe that if they were checked on the device, then it is no longer possible to win the case and defend their rights. This is not true for an experienced lawyer: deprivation of rights for alcohol intoxication can be challenged.

How we propose to proceed:

Analyze the case for procedural violations;
Challenge the medical examination report;
Check witnesses and witnesses (they can be “pocket”, that is, constantly cooperate with the same traffic police inspector).

Deprivation of rights for drunkenness is a serious charge, as is refusal of a medical examination, therefore the defense must be prepared seriously .

Our lawyers are regularly involved as experts on radio and TV

What to do if your driver's license is revoked for drunkenness

Driving a vehicle under the influence of alcohol is one of the most serious violations of traffic rules, and, consequently, the attitude of law enforcement agencies towards such violators is usually the strictest. If a driver is caught driving drunk, it will be extremely difficult for him to retain his license, but he can make certain efforts to do this. In some cases, the help of an experienced car lawyer may be helpful. So is it possible to avoid deprivation of your license if you are caught driving while intoxicated? What can you do to avoid being left without a driver's license for driving while drunk? We will answer these questions in this article.

What to do at the first moment?

The first thing a driver who is accused of driving while drunk should remember is that the traffic police inspector who stopped him cannot deprive the driver of the offender’s driver’s license - this is the competence of the court. It is to the court that the report drawn up at the scene of the incident will be sent, and it is in court that the driver will be able to present his version of what happened. If a traffic police officer suspects that the driver is drunk, the driver will be asked to blow into a breathalyzer, and if the device readings go off scale, then there is no chance of retaining his license. If the device shows a little more than 0.16 ppm, in the future it will be possible to challenge its readings, citing the error present in any measuring device. It is not recommended to refuse a breathalyzer test, since in this case the driver indirectly admits guilt, this will be reflected in the protocol, and subsequently defending himself in court will be problematic even with the help of a car lawyer.

In addition, the offender must be taken to a medical facility to undergo a blood alcohol test with subsequent documentation of the test results. If the inspector does not offer to drive to a medical facility, and the driver is confident of his innocence, the traffic police officer should be reminded of this mandatory procedure. The blood test must be done within the next two hours, otherwise the results will be invalid.

A medical examination for the presence of alcohol in a citizen’s blood is carried out in accordance with the Rules approved by the Decree of the Government of the Russian Federation dated June 26, 2008, and its results are documented in accordance with the Instructions for conducting a medical examination approved by order of the Ministry of Health of the Russian Federation dated July 14, 2003.

If the driver’s blood alcohol content really exceeds all permissible standards, then any additional check will only aggravate the situation of the offender: attempts to defend himself make sense only if the driver knows that he is not guilty, or if the traffic police officer made gross procedural errors during registration and documentation violations.

How to defend yourself in court?

Statistics show that it can be quite difficult for a driver to prove his innocence in court in this case, even with the help of a lawyer. You can count on a positive outcome of the case only if there are irrefutable facts confirming the innocence or illegality of the actions of the traffic police officer when registering a violation. During the defense, any seemingly insignificant detail can play a role, for example, whether the breathalyzer that appears in the case meets the technical requirements for it. You should make sure that you have a certificate with metrological confirmation of the correct calibration of the device, as well as the integrity of the mark. The testimony indicated in the protocol must correspond to the actual evidence - this can be confirmed by witnesses. The driver must receive a copy of the breathalyzer test results.

If such a check was not enough, or doubts arose about its reliability, the driver undergoes an examination at a medical institution, and also receives a copy of the results of such a check. The referral for examination and the results of the analysis are drawn up on the established forms. The physician performing the verification procedure must have appropriate competence confirmed by a certificate. In addition, a protocol on the driver’s removal from driving must be correctly drawn up. When drawing it up, there should be no blank lines left, you should not refuse to sign the protocol, you can indicate that “you do not agree with the charges brought.”

Conclusion

Thus, in order to properly prepare for the court hearing, you should study all available documents: any discrepancy with the requirements for their execution can play in the driver’s favor and increases the chances of avoiding deprivation of a driver’s license. Witness testimony can also have a positive effect if the recording of the offense did not comply with the current norms of the law.

Revocation of license for drunk driving

Drivers often get behind the wheel while intoxicated, without thinking about the possible consequences. Driving while drunk is an unacceptable act and, moreover, a serious violation of traffic rules. For drunk driving, you face not only a significant fine, but also the confiscation of your driver's license. What to do if your license is revoked for drunk driving? Can they be returned?

Responsibility for drunk driving

When testing a driver for breath alcohol content, the maximum limit allowed is 0.16 ppm. This permissible limit does not at all mean that you can drink alcohol before traveling by car. If the limit is exceeded, the driver faces punishment under Art. 12.8.1 Code of Administrative Offenses of the Russian Federation:

a significant fine (30 thousand rubles);
ban on driving a vehicle for 1.5 to 2 years.

There are no leniencies for drunk drivers - even for the first offense they will be held accountable.

But for driving while drunk, you can “run into” not only administrative punishment, but also criminal punishment (Article 264.1 of the Criminal Code of the Russian Federation). This is possible if a driver is repeatedly detained while intoxicated within one year after deprivation of his license or for repeated refusal to undergo a medical examination to determine the level of alcohol in the blood. In this case, the unfortunate driver faces:

fine from 200 to 300 thousand rubles;
compulsory work up to 480 hours;
ban on driving a vehicle for up to 3 years;
forced labor or imprisonment for up to 2 years.

Repeated violations within a year will be punished under a criminal article.

What to do if your license is revoked for drunkenness?

The actions of traffic police inspectors are not always lawful; they can confiscate your license for no apparent reason. For example, when drivers do not know the intricacies of the law and sign any documents drawn up by inspectors. In some cases, citizens are confused by the obvious arbitrariness on the roads and agree with the charges brought against them.

Let's turn to the Code of Administrative Offenses of the Russian Federation and find out what Art. 12.8.1 about alcohol intoxication of drivers:

the alcohol content in the exhaled air should not exceed 0.16 ppm, otherwise the driver will be declared drunk;
Alcohol, psychotropic or narcotic substances were found in the body of the detained driver (during a medical examination).

Take this rule into account when proving your innocence, otherwise you will quickly lose your driver’s license and at the same time pay a large fine. You always need to defend your rights, especially if the inspectors’ actions are illegal.

Refusal to undergo a medical examination automatically “confirms” the driver’s intoxication.

How to get your license back for drinking?

Many motorists are concerned about the question: is it possible to get their license back before the trial? Yes, it is possible, but only in one case - the protocol drawn up by the traffic inspector revealed irreparable violations. If the mistakes made are removable, the judge will send them for revision. After the appropriate corrections are made, the record will return to the judge, who will decide on the penalty.

If you find a violation in the administrative violation protocol, you will be able to retain your driver’s license.

If there are no violations and the judge made a decision to revoke your driver’s license for drunkenness, you must hand it over to the traffic police department. The traffic inspector does not have the right to seize them on the spot.

If the decision has not yet entered into force or you are challenging it in a higher court, then you must be issued a temporary driver's license. The validity period of temporary rights is limited; they can be used until the court ruling comes into force, but not more than 2 months.

Only a court can take away rights. Traffic police inspectors have no right to take them away.

Restoration of a special right to drive a car after deprivation

The first step is to set the end date of the sentence. It may differ depending on the situation:

the first case - the period of deprivation of the right to drive a vehicle begins to be calculated from the moment the court decision comes into force;
the second case - a prison sentence was imposed. The expiration date is calculated from the moment of release.

If the court revoked your license for drunk driving, you have 10 days to appeal. This period is calculated from the next day; if it falls on a weekend or holiday, it is transferred to the first working day. If you fail to meet the deadline, you will have to surrender your license to the traffic police department.

You should not try to outwit the current legislation. You must submit your driver's license to the traffic police within 3 days from the date the court decision comes into force. Otherwise, the punishment period will be interrupted - it will begin to be calculated only after the license is handed over. The same rules apply if the rights were lost or stolen. Don’t delay and urgently report the loss to the traffic police.

The court's decision has entered into force - you have exactly 3 days to submit your driver's license to the traffic police.

The procedure for returning a license after being revoked for drunk driving

To return your driver's license after the end of the punishment, you need to contact the traffic police department where you handed over your license.

Your first priority is to prepare the necessary documents to return your driver's license:

Passport or other identification document
Certificate of transfer of the driver's license to the archives of the traffic police
Examination sheet with a mark on passing the traffic rules

If half of the period of deprivation of the right to drive a vehicle has passed, you can submit an application to the traffic police to retake the traffic rules exam. All drivers who have been deprived of their license must take the exam, no matter whether they were given a criminal or administrative punishment. There is no need to pay any fees for passing the theory. If you fail the exam, you can try to pass it in 7 days. The number of attempts is not limited by law, i.e. You can pass theories until you pass.

Half of the period of deprivation of rights has passed - you can take the traffic rules exam.

Receipts for payment of all fines for traffic violations

This rule applies exclusively to violators who were detained for drunk driving from November 15, 2014. Therefore, inspectors do not have the right to demand that you pay all fines if the violation was committed after the specified date. However, they may impose an additional penalty for failure to pay on time (within 70 days after approval of the resolution). Therefore, debts must be paid off.

Medical certificate confirming that there are no restrictions on driving a vehicle

This rule only applies to drunk driving offenders. A medical report can be obtained immediately after deprivation or shortly before the end of the period of deprivation of the right to drive a vehicle.

Traffic police officers are required to issue a driver's license on the day of application.

Is it possible to get your license back early after being deprived of it for drunkenness?

At the moment, it is not possible to return your license early after being revoked for drunk driving. Therefore, drivers deprived of their license for drunk driving must wait until the end of their sentence. Early return of a driver's license is allowed only in case of early release from prison. For example, on parole. However, the convicted driver needs to prove his impeccable behavior while serving his sentence in order for the court to make a positive decision on this issue.

Fine and deprivation of driver's license for drunkenness

Driving while intoxicated is a huge risk for all road users. A drunk person's visibility and reflexes while driving are significantly impaired, which can result in a terrible disaster both for himself and for other drivers and pedestrians. And of course, if such a driver is detained, he will face a serious punishment, which will cost him not only in the form of deprivation of his driver’s license for a certain period of time for driving while intoxicated, but also a fine of a tidy sum of money.

Fine for driving while intoxicated for the first time

Deprivation of rights for alcohol intoxication for the first time. If a driver is detained while intoxicated and intoxicated, he will definitely be deprived of his driver's license. The period of imprisonment depends on the specific situation on the road . From the first part of Article 12.8 of the Code of Administrative Offenses of the Russian Federation, it follows that for driving a vehicle while intoxicated, the driver will be deprived of his license for 1.5-2 years. He will also be fined as much as thirty thousand rubles.

Drug intoxication, which is sometimes mistakenly called drug intoxication, is also subject to examination and punishment - the same as for alcohol, and it is determined by the same article 12.8 of the Administrative Code. But unlike alcohol in the breath, which can be detected with a regular breathalyzer and right at the scene of the offense, the level of drugs in the driver’s blood can only be checked through a medical examination, to which he will definitely be sent.

In case of a repeated violation (after the driver’s license has been returned) for driving without a license after being disqualified while intoxicated, the punishment will, of course, be harsher. The period of deprivation of rights will depend on the specific violation, but it is usually twice the original period (three years). The fine for being caught under the influence of alcohol also varies depending on the violation , the situation as a whole and the presence of mitigating circumstances (usually 50,000 rubles).

But in addition, the driver will be subject to arrest for up to fifteen days. If a driver, who has already been deprived of a driver’s license for drunkenness and alcohol, gets behind the wheel again, and drunk at that, then the punishment will be more serious and the Criminal Code of the Russian Federation will decide his fate (Article 264.1). The size of the fine increases almost tenfold - up to 200-300 thousand rubles. The period of deprivation of rights will be extended by three years.

Article 264.1 of the Criminal Code of the Russian Federation. Violation of traffic rules by a person subject to administrative punishment

Driving a car, tram or other power-driven vehicle by a person who is intoxicated, has been subjected to “administrative punishment” for driving while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or has a criminal record for committing a crime, provided for by parts two, four or six of Article 264 of this Code or this article, is punishable by a fine.

The amount of the fine is from two hundred thousand to three hundred thousand rubles or a fine in the amount of 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 three years, or compulsory work for a period of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

And besides, a unfortunate drunkard for driving while deprived of his license while intoxicated will face 2 years of forced labor, or 480 hours of mandatory labor, or even imprisonment for up to two years. Even if the steering wheel was handed over to a drunk person, he will also be punished for driving. The punishment will be under the second part of Article 12.8 of the Administrative Code - a 30,000 ruble fine and 1.5-2 years of deprivation of a driver's license.

Registration procedure

If an inspector detains a driver and there is every suspicion of alcohol intoxication, the driver will be subject to an intoxication examination. It is carried out by authorized persons of the State Traffic Inspectorate. In this case, special means of measuring alcohol in the body are used , for example, a breathalyzer or a breathalyzer. Measurements are taken based on the breath of the detainee.

The detainee may be sent for additional medical examination. This happens for the following reasons:

If he refuses to be drunk, he will be tested for alcohol in his body.
The driver does not agree with the results of this examination.
The examination brought a negative result, but there is every reason that the driver is drunk - he has impaired speech, coordination, behavior, an unnatural skin tone and a banal smell of alcohol on his breath.
There are signs of drug intoxication.

After confirming the presence of ethyl alcohol in the body (when checking at the site of the violation - in exhaled air, during a medical examination - in the blood), the inspector draws up a protocol on the administrative violation.

How many ppm is enough?

The norms for alcohol content in the body are provided for by Russian legislation . Scientists have concluded that ethyl alcohol can be contained in the body even in a completely non-drinking person.

It can be formed there as a result of metabolic reactions and be a completely natural metabolite. Moreover, its concentration in a healthy person in the blood and liver is no more than 0.003-0.15%.

You can check ppm using a breathalyzer. It can give a fairly accurate result based on exhaled air (based on the presence of alcohol vapor).

More accurately, ppm is checked during a medical examination in a special laboratory - this way you can calculate not only the exact amount of ethyl alcohol in the blood, but even the approximate time of drinking an alcoholic drink and its strength. And according to current laws, the permissible level of alcohol content is considered to be: 0.16 ppm in exhaled air and 0.35 in the blood.

Medical examination

A medical examination is carried out by a doctor or paramedic who has the appropriate certificate and specialization. preparation. Based on the results of the examination, an act will be drawn up, which has great legal influence in court - it can seriously bring the driver closer to depriving him of his license for drunk driving, or even vice versa.

How to avoid?

As already written above, rights can only be deprived through legal proceedings. The case must be heard by the magistrate's court at the place where the offense was committed, or by the court at the driver's place of residence. And like any other court decision of the first instance, it can be appealed - an appeal can be filed. Next, the court of appeal will intervene in the case, but its decision will put an end to it - it will no longer be possible to change or influence it. It happened that the driver took away his license after being deprived of it for drunkenness, after consideration by the court.

More details about how to avoid deprivation of your license for drunk driving are written here.

What should I do if my driver's license was revoked for drunkenness? First, it is not advisable to decide to go it alone. For drunk driving, the court is unlikely to be on the side of the offender, and therefore he cannot do without the competent assistance of a professional lawyer. At the very beginning, it is worth analyzing the evidence in detail .

To do this, you need to obtain copies of the following documents:

protocol on suspension from driving;
the certificate of drunkenness examination and its result;
protocols on offenses and referral for medical examination.

You can refuse the examination - after all, only if the fact of drunkenness is established can the driver’s license be revoked. The refusal is issued directly at the place of detention, but only if there are two witnesses (at least). The driver needs to remember all the details of his arrest and examination (if there was no refusal). It is necessary to remember who acted as witnesses, whether there were witnesses to the breathalyzer test, and where the test took place: in the car or on the street.

The same applies to witnesses - the lawyer himself must communicate with them. Witnesses should remember how they signed - perhaps on blank or incomplete forms. If such details are clarified and if witnesses agree to testify at trial, deprivation of a driver’s license can be completely avoided.

It is also worth studying the inspection report and comparing the data from the printed receipt from the breathalyzer and the digital media - if the data on them does not match, there is a chance that there will be no deprivation of rights. The device itself must be properly certified and calibrated (you should check the date of last calibration), and whether it is prohibited at all. All signatures regarding consent or non-consent of the examination must also be in the right places.

Below in the photo you can see a sample medical examination report:

As a result, you should understand that if you are really guilty, you can avoid punishment for drunk driving only by relying on errors in the facts provided about the violation. Challenging the results when there is solid evidence of violation will not bring any benefit other than wasted time. And it is quite possible to build an effective defense in court on the mistakes of a traffic police inspector.

The procedure for re-obtaining a driver's license after the end of the punishment for drunkenness

If the driver was nevertheless deprived of his driving license, then after the expiration of the period of deprivation he has the opportunity to restore it. To do this, you need to contact the traffic police department, and specifically the same one where he previously received his certificate. The driver will be sent to a special medical commission, where his sanity will be checked, as well as his current knowledge of the Rules of the Road.

There is no other way to restore your driver's license. When a driver is detained with an excess level of alcohol in his body, the inspector will necessarily draw up a Protocol on the driver’s removal from driving a vehicle. It, like the examination report, will describe all evidence of the violation, including the results of a breathalyzer measurement or a medical report.

Next in the photo you can see a sample Protocol on the removal of a driver from driving a vehicle:

Next, the protocol will be submitted to the court, and depending on the situation, the driver will be deprived of his driving license for a certain period, but at least for a year and a half (and then for the first such violation). Therefore, you should not drink alcohol at all, and if you do drink, you should not drive . Deprivation of a license and a fine for drunkenness are only minor punishments compared to the possible disaster that a drunk person driving a car can cause.

Video on the topic

You can also find out information about the revocation of a driver's license for alcohol intoxication in this video:

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 :

Article 12.8 Part 1 of the Code of Administrative Offenses

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

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.

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.