Drunk driving punishment

Driving while intoxicated in 2019

An offense such as driving while intoxicated in 2019 can be punished under both the criminal and administrative codes.
In this article we will consider all possible situations. Driving while intoxicated is a socially dangerous act. It often leads to harm to health or even death of other road users. This is why the penalties for drunk driving are among the harshest for vehicle drivers. Such fines are not even eligible for the 50% discount for prompt payment. The state does not want to soften the blow against the most dangerous violators.

Administrative liability for driving while drunk

If the driver is caught driving drunk for the first time, he will be punished under the Code of Administrative Offences:

Thus, if the driver has a driver’s license, he will receive a fine of 30,000 rubles and deprivation of his license for 1.5-2 years.
If there is no driver’s license, or the person was previously deprived of his license for reasons other than drunk driving, the punishment will be administrative arrest for 10-15 days, and only if such arrest cannot be applied by law - a fine of 30,000 rubles. Why do we separately indicate that deprivation should not be for driving while intoxicated?
Because there is already criminal liability for repeated drunk driving. In this case, the terms of deprivation are summed up, and the period starts counting from the date of delivery of the driver’s license to the traffic police.
Exactly the same sanctions are provided for refusal of a medical examination.

Criminal liability for repeated drunk driving

Criminal Code of the Russian Federation
Article 264.1.
Violation of traffic rules by a person subjected to administrative punishment Driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subject to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication or having a criminal record for committing a crime provided for in parts two, four or six of Article 264 of this Code or this article -
is punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years 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 labor 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 period of up to three years, or forced labor for a period 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 term of up to three years.

As you can see, the fine for repeated drunk driving is already 200-300 thousand rubles. Other methods of punishment are also possible: compulsory or forced labor, prohibition from holding certain positions, and even imprisonment.

Road accidents or related violations of the law committed while intoxicated

Drunk driving often leads to traffic accidents. The legal consequences of such accidents differ from the usual situation. The law on compulsory motor liability insurance provides for the recovery of damages paid by the insurance company to the victims from a drunken culprit of an accident. If damage is caused not only to property, but also to the health of citizens, liability will be under the criminal code.

In any case, both the criminal and the administrative codes consider intoxication to be an aggravating circumstance.

Code of Administrative Offenses of the Russian Federation, Article 4.3. Circumstances aggravating administrative liability

1. The following are recognized as circumstances aggravating administrative liability:
...
6) committing an administrative offense while intoxicated or refusing to undergo a medical examination for intoxication if there are sufficient grounds to believe that the person who committed the administrative offense is intoxicated.

I'm driving drunk. What will happen to me?

Driving while under the influence of alcohol or drugs is one of the most serious offenses, entailing proportionately severe punishment. What threatens a driver who gets behind the wheel drunk, and how are those who drink a bottle in front of an inspector, hoping to prove that alcohol intoxication began after the stop, are punished?

As we remember, the “zero ppm law” relatively recently became a thing of the past, and now drivers again have the opportunity to drink kefir, eat apples and bananas and take alcohol-containing mixtures, and then drive a car without fear of being punished. At the moment, the rules clearly stipulate the maximum permissible limit of alcohol in exhaled air.

Administrative liability provided for by this article and part 3 of article 12.27 of this Code occurs in the event of an established fact of consumption of substances that cause alcohol intoxication, which is determined by the presence of absolute ethyl alcohol in a concentration exceeding the possible total measurement error, namely 0.16 milligrams per liter of exhaled breath. air, or in the case of the presence of narcotic drugs or psychotropic substances in the human body.

In other words, if, according to the results of a medical examination, traces of any narcotic substances are found in the blood, no one will measure their concentration - this already ensures punishment. In the case of alcohol, there is an “error”: it is 0.16 ppm. We, however, will not calculate how much you “can” drink before getting behind the wheel: firstly, this is still prohibited by law, and secondly, an accurate calculation is still impossible, since it depends on the characteristics of the body. The threshold itself of 0.16 ppm was introduced primarily in order to compensate for the error of instruments measuring ethyl alcohol in exhaled air.

The current rules provide for deservedly severe punishment for persons driving a car while under the influence of alcohol or drugs:

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.

In this case, the offender’s car is also detained and placed in a special parking lot, and the driver himself is sent for a medical examination.

It is worth mentioning separately that transferring control of a vehicle to a person in a state of intoxication is also punishable to the fullest extent of the law: the punishment will be the same as if the car owner himself had been detained for drunk driving - a thirty thousand fine and deprivation of his license for one and a half thousand. two years.

Refusal to undergo a medical examination, voiced to a traffic police officer, is also equivalent to driving while intoxicated, and the punishment for such a refusal will be the same: 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.

In some cases, “resourceful” drivers caught drunk at the wheel deliberately drink alcohol right before undergoing a medical examination procedure, hoping to prove that alcohol intoxication occurred after the fact of the stop by the traffic police inspector. For such “smart guys” the punishment will also be exactly the same as for “refuseniks” and “drunkards”. Part 3 of clause 12.27 of the Rules clearly qualifies this as

“failure to comply with the requirement of the Traffic Rules to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic accident in which he is involved, or after the vehicle was stopped at the request of a police officer, before an examination by an authorized official for the purpose of establishing a state of intoxication or until an authorized official makes a decision on exemption from such an examination.”

and prescribes for such antics 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.

Of course, the punishment for those who were caught drunk driving, already being deprived of the right to drive vehicles or not having this right at all, will be even more severe:

administrative arrest for a period of ten to fifteen days or an administrative fine for persons against whom administrative arrest cannot be applied in accordance with this Code in the amount of thirty thousand rubles.

Exactly the same punishment is provided for refusal to undergo a medical examination by a driver who does not have or has been deprived of a license.

Until July 2015, a driver who repeatedly violated the ban on drunk driving could get away with a fine of 50 thousand rubles and deprivation of his license for 3 years. but such a measure was not sobering enough in every sense of the word, and therefore in 2015 a decision was made to introduce criminal liability for repeated offenses of this kind. Now a repeat driver:

shall be punishable by a fine in the amount of two hundred thousand to three hundred 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 term of up to three years, or with compulsory labor for a term 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.

Let us once again highlight the main penalties from this paragraph:

• fine: it can amount to 200-300 thousand rubles or the income of the convicted person for 1-2 years;
• compulsory work for up to 480 hours;
• forced labor for up to 2 years;
• imprisonment for up to two years.

It is worth noting that alcohol intoxication still means refusal to undergo a medical examination, and in addition, all of the above penalties do not cancel the possibility of deprivation of rights for up to 3 years.

Of course, for such a violation there is no longer administrative, but criminal liability. However, since July 2015, penalties have been tightened here too: if previously the minimum term of imprisonment was not specified, now this threshold is clearly indicated in the Criminal Code.

shall be punishable by imprisonment for a term of two to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

shall be punishable by imprisonment for a term of four to nine years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Thus, it will no longer be possible to get off with a suspended sentence or forced labor for such a serious crime.

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All types of punishment for drunk driving: fines, deprivation of rights and others

Driving while intoxicated is the worst offense a driver can commit; Accordingly, the punishment for drunk driving is very severe. Even if a motorist is “caught” for the first time, he will face an impressive fine, but if he commits a repeated violation, he can easily end up in jail.

How does a drunk driver pay?

In relation to a motorist who decides to drive drunk, two penalties are applied at once:

1. The fine for driving while intoxicated is 30 thousand rubles.
2. Deprivation of a driver's license for a period of 1.5 to 2 years.

The same forms of sanctions are relevant if the owner of the car has transferred control to a drunk person.

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Much disagreement arises on the following question: which driver should be considered drunk? According to current legislation, a traffic police inspector has the right to check a motorist if there are the following signs of intoxication.

• Strange behavior.
• Confused speech.
• The smell of alcohol.
• Unstable posture.
• Red face.

A traffic police officer throws a breathalyzer into action. If 1 liter of air exhaled by a motorist contains 0.16 ppm of alcohol or more, the driver should be punished. The fact that there is an acceptable norm of ppm does not at all indicate the driver’s right to drink a little before the trip: firstly, even after a glass of wine this value will be exceeded, and secondly, the norm is designed to level out the error of the traffic police breathalyzers, which are not yet able to boast of pinpoint accuracy .

Punishment for repeat violation

Even a fine of 30 thousand rubles, which looks impressive, will seem like nothing compared to the punishment for repeated drunk driving. Since July 1, 2015, such a violation falls under an article of the Criminal Code.

Repeated drunk driving will result in:

• A fine of up to 300 thousand rubles.
• Deprivation of a driver's license for up to 3 years.
• Imprisonment for 2 years.

Not all offenders are “jailed”: if repeated drunk driving does not lead to casualties or accidents, imprisonment can be replaced by forced labor. However, it is obvious that the driver’s life will already turn into hell: it is unlikely that it will be possible to pay such a huge fine with the money that is kept “under the pillow.” You will have to take out a loan, but it is not clear how to pay it off - after all, the unfortunate driver will not be able to organize additional income, since he will be busy with mandatory work.

Before driving drunk again, a motorist should replay the scenario of his future life in his head - this is the best motivator to use a taxi service.

Tightening of material sanctions occurred in 2015. Previously, fines for drunk driving were more lenient - for a repeated violation you had to pay “only” 50 thousand rubles.

A drunk driver hits a pedestrian - what will be the punishment?

If the consequence of the fact that a motorist got behind the wheel while drunk results in serious harm to health or the death of a person, the driver will definitely be deprived of his license for 3 years. However, this is only the lesser of the penalties: in addition to administrative penalties, the driver also faces criminal liability for driving while intoxicated.

• In case of causing serious harm to health - 4 years of imprisonment or (as an alternative) 3 years of forced labor.
• In case of death of a person - 7 years in prison.
• If several people died in an accident - 9 years in prison.

Unfortunately, the listed penalties for drunk driving are maximum. Often, drunk drivers who caused a fatal accident managed to get suspended sentences for themselves with the help of experienced lawyers. Therefore, in the summer of 2016, minimum prison sentences were introduced for “drunk” drivers whose behavior led to the death of people.

• 2 years – if one person is injured.
• 4 years – if there are several dead.

Driving a motorcycle while intoxicated

Driving a scooter or motorcycle while drunk is punishable by relatively low fines.

• 800 rubles – if caught while intoxicated.
• 1,500 rubles – if, while drunk, you violated traffic rules.

However, such fines are relevant only for the first offense of this kind. For a repeated offense, the motorcycle driver is punished in the same way as a motorist: deprivation of his license for drunk driving and imprisonment.

Charged with drunk driving - what to do?

The new penalties for drunk driving are so severe that unscrupulous traffic police inspectors simply cannot pass up the opportunity to make money from it. A common trick: a traffic police officer stops an expensive car, informs the driver that he observes signs of intoxication, and threatens him with a fine of 30 thousand rubles. A motorist who doesn’t know his rights, even if he didn’t drink before leaving, is still frightened by the inspector’s suspicions.

According to many citizens in Russia, you can easily become “guilty without guilt” if you contact government agencies. This point of view is what makes innocent drivers offer bribes to avoid liability for drunk driving - just to get rid of it.

In reality, everything is different: it is almost impossible to falsify breathalyzer readings, employees of medical institutions conducting examinations are not in a criminal conspiracy with the police, even other traffic police officers, most likely, will not support their bribe-taking colleague. Therefore, it is quite easy for a driver who did not drink to prove his innocence.

A motorist who is unfoundedly suspected of being under the influence of alcohol should adhere to this plan of action.

1. Ask the traffic police officer to show your ID, copy down the document details, or take a photo of it. The motorist has every right to such actions, in accordance with paragraph 2.4 of the traffic rules.
2. Clarify exactly what signs of intoxication the inspector noticed.
3. Insist on drawing up a protocol on removal from driving the vehicle. The inspector must prepare such a paper before using the breathalyzer. Perhaps, already at this stage, the traffic police officer will prefer to let the driver go, so as not to fool himself with paperwork.
4. Remind the inspector that the initial check (“breathe into a tube”) is carried out either in the presence of two witnesses, or using a video recording that records all the actions of the policeman.

Advice: Refuse the initial check if the traffic police officer cannot provide a verification certificate and a technical passport for the breathalyzer - you have this right. If the device itself, in your opinion, looks dubious, ask the traffic police inspector to immediately take you for examination to a medical facility in a company car.

If the breathalyzer is lying

Even if the inspector’s device, after a sober driver “breathed into a straw,” shows a value above the permissible 0.16 ppm, the motorist should not despair. It is imperative to take such measures.

1. Ask the inspector for the technical passport of the device. This document indicates the maximum error - it may be greater than the norm defined by law. Then there is reason to doubt that the breathalyzer is suitable for traffic police checks.
2. Request a new mouthpiece and repeat the test.
3. If the breathalyzer still lies with the new mouthpiece, the motorist should ask the inspector to take it for inspection. There is no need to be afraid that employees of a medical institution will falsify results: clinics will not risk their reputation for the sake of petty profit.
4. Before going for an examination, insist that the police officer provide a report, indicate in the document the exact time of the stop and write the following: “I did not drink alcoholic beverages, I do not agree with the charges.”

Advice: If the actions of a traffic police officer towards you are unlawful, report it to 02 (112). Perhaps you will rid the valiant organs of the “werewolf in uniform.”

According to all-Russian statistics, the number of accidents on the roads has been rapidly falling for two years now: in the first 8 months of 2016, there were 8.2% fewer accidents than in the same period of the previous year. Strict sanctions play a significant role here - no one wants to receive such a fine that they have to sell the car to pay it. The “stick” policy is bearing fruit, and it is obvious that legislators will not abandon it - if the fines change, it will only be upward. Therefore, drivers who sin by periodically getting behind the wheel after drinking should eradicate this habit - you see, soon they will be immediately put behind bars for drinking a glass before a trip.