Drunk driving punishment

Prom-Nadzor.ru

Liability for driving while intoxicated

Traffic rules prohibit driving a vehicle while intoxicated (alcohol, drugs, etc.). This offense is subject to administrative and criminal liability.

If the driver shows signs of intoxication, he is removed from driving and sent for a medical examination.

The driver will be held accountable if the use of alcoholic beverages, narcotic drugs, psychotropic substances or their analogues is proven.

If the driver’s actions have signs of a crime, he will automatically be recognized as a person in a state of intoxication if he refuses to undergo a medical examination. The protocol and other documents are sent by the traffic police officer to the judge for consideration of the administrative case.

The degree of responsibility does not depend on the degree of intoxication of the driver, but is determined by the court taking into account mitigating or aggravating circumstances.

If during the consideration of a case of an administrative offense the elements of a criminal offense are revealed, then the consideration of the administrative case is terminated, and the case materials are transferred to the prosecutor, the preliminary investigation body or the inquiry body.

Administrative responsibility

For driving a vehicle while intoxicated, the driver may be subject to administrative liability, which includes deprivation of the right to drive a vehicle for a period of 1.5 to 2 years, as well as a fine of 30 thousand rubles. (Part 1 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation). Similar liability is provided for transferring control of a car to a person in a state of intoxication (Part 2 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation), as well as for refusal to be tested for intoxication (Part 1 of Article 12.26 of the Code of Administrative Offenses of the Russian Federation).

Persons who do not have a driver’s license, or who are deprived of the right to drive a vehicle and who drive a car while intoxicated (as well as those who refuse a medical examination) may be subject to administrative arrest for a period of 10 to 15 days, or fined 30 thousand rubles. (if the imposition of administrative arrest is limited by law).

Note: for persons in respect of whom administrative arrest is replaced by a fine under Part 2 of Art. 12.26, part 3 art. 12.8, part 2 art. 3.9 of the Code of Administrative Offenses of the Russian Federation includes pregnant women, women with children under the age of 14, disabled people of groups 1 and 2, persons under the age of 18, military personnel, citizens called up for military training, as well as employees of internal affairs bodies with special ranks, bodies and institutions of the penal system.

Criminal liability

Drivers who have previously been subject to administrative punishment for driving a vehicle while intoxicated or for failure to comply with an official’s requirement to undergo a medical examination for intoxication, or who have a criminal record for committing a crime under Part 2, 4 or 6 of Art. 264 of the Criminal Code of the Russian Federation, art. 264.1 of the Criminal Code of the Russian Federation, may be brought to criminal liability, providing for the imposition of a fine in the amount of 200 thousand to 300 thousand rubles. or in the amount of wages or other income of the convicted person for a period of 1 to 2 years, or compulsory labor for a term of up to 480 hours, or forced labor for a term of up to 2 years, or imprisonment for a term of up to 2 years.

In addition, the convicted person will be prohibited from holding certain positions or engaging in certain activities for a period of up to 3 years.

Obtaining rights after deprivation

To obtain a driver's license you need to follow the following sequence of actions:

1. Pass the traffic rules knowledge test at the traffic police department. The exam can be taken without prior training. You can take the test at any time after the expiration of 50% of the period of revocation of your driver's license. If you pass the exam successfully, you will be given an exam card. If unsuccessful, retaking the exam is possible no earlier than after 7 days.

2. Obtain a medical certificate confirming that the driver has no medical contraindications or restrictions to driving a vehicle;

3. Pay all “outstanding” fines for traffic violations;

4. Submit documents to the traffic police . The list of required documents includes:

Statement;
Passport;
Medical report;
Exam card.

5. Get a driver's license.

Punishment for driving while intoxicated in 2019

The punishment for driving while drunk has become more severe. If earlier it was simply deprivation of a license, now it is a fine of thirty thousand rubles and deprivation of a driver’s license for a period of 1.5 to 2 years. If you handed over the steering wheel to a drunk driver, the same thing applies. But in the case when the driver is drunk and does not have a license or is deprived of it, then the arrest is from 10 to 15 days. If a person decides to drive drunk again, then this is already a criminal case under Article 264.1.

For refusal to undergo a medical examination for intoxication - everything is the same as written above (fine and deprivation of rights, deprivation of rights from 1.5 to 2 years).

Text of Article 12.8, 12.26 of the Administrative Code.

Article 12.8 Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication.

1. Driving a vehicle by a driver who is intoxicated, unless such actions contain a criminal “act.”

A fine of 30,000 rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

2. Transferring control of a vehicle to a person who is intoxicated.

A fine of 30,000 rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

3. Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles, unless such actions contain a criminal offense.

Administrative arrest for a period of 10 to 15 days or a fine for persons against whom administrative arrest cannot be applied in accordance with this Code in the amount of 30,000 rubles.

Note. The use of substances that cause alcohol or drug intoxication, or psychotropic or other intoxicating substances is prohibited. 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 the presence of absolute ethyl alcohol in a concentration of 0.3 or more grams per liter of blood, or in the case of the presence of narcotic drugs or psychotropic substances in the human body.

Article 12.26 Failure of the driver of a vehicle to comply with the requirement to undergo a medical examination for intoxication.

1. Failure by the driver of a vehicle to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, if such actions (inaction) do not constitute a criminal offense.

A fine of 30,000 rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

2. Failure by a driver of a vehicle who does not have the right to drive vehicles or has been deprived of the right to drive vehicles to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, if such actions (inaction) do not contain a criminal offense.

Administrative arrest for a period of 10 to 15 days or the imposition of an administrative fine on persons against whom administrative arrest cannot be applied in accordance with this Code in the amount of 30,000 rubles.

Article 264.1 Violation of traffic rules by a person subject to administrative punishment.

Driving a car, tram or other mechanical vehicle by a person who is intoxicated, who 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 who has a criminal record for committing a crime while intoxicated. provided for by parts two, four or six of Article 264 of this Code or this article.

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.

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.

Consequences of drunk driving

Drinking alcohol while driving causes the driver to become less alert and slower to react, which increases the likelihood of a serious accident. For this reason, the law imposes a significant fine for drunkenness followed by driving a vehicle, as well as a number of even more severe penalties. In most cases, a drunk traffic violator bears administrative liability. Under certain circumstances, a drunk driver is forced to answer under articles of the Criminal Code. They provide for strict penalties up to and including imprisonment for several years.

Article for driving while intoxicated

Don’t wonder how much you can drink before getting behind the wheel without causing negative consequences. In fact, consuming even one sip of alcohol can result in a driver being cited for drunk driving. The official indicator of ethyl content in the biomaterial was taken taking into account that the person being tested did not drink alcohol, but could have drunk kvass or fermented milk drink, which could affect the test result. This also includes the error allowed when using a breathalyzer.

The consequences of driving while drunk are spelled out in the following articles of the Code of Administrative Offenses of the Russian Federation:

Part 1 of Article 12.8 – contains information on fines and other penalties for driving while drunk for the first time, or driving a person without a license. At the same time, the restriction on driving should not be caused by a similar violation, and the driver’s actions cannot have signs of a criminal offense. The same article indicates the consequences of driving a moped by a drunk person, as well as allowing the owner of the car to drive a drunk driver;
Part 1 of Article 12.26 – describes the punishment for refusing a medical examination for the first time, as well as by a person who does not have the right to drive, provided there are no signs of a criminal act;
Part 3. Article 12.29 – it specifies the fine for driving a bicycle by a drunk person.

Penalties for repeated driving while intoxicated are regulated by Article 264.1 of the Criminal Code of the Russian Federation. It also spells out the consequences of refusing a medical examination by a person who has been deprived of the right to drive a vehicle for drunk driving.

Deprivation of rights for alcohol intoxication for the first time

The punishment for drunkenness and further driving of a vehicle involves deprivation of rights, so only a court can impose it. The traffic police inspector only carries out activities related to the registration of the offense, after which he sends the documents to the court. If, based on the results of the consideration of the case, the defendant is found guilty, he is required to pay a fine. In addition, as punishment for driving while drunk, he is deprived of his license for a period of 1.5 to 2 years.

It is important to remember that such sanctions apply only to those violators in whose actions the investigation did not reveal signs of a criminal act.

Repeated driver's license revocation for drunk driving

According to the rules for a citizen to bear administrative responsibility, he is considered to be serving his sentence for another year from the date of repayment of the penalty under a court decision.

If within 12 months after the driver’s license is returned, he is again caught driving while intoxicated, he will have to answer under Criminal Article No. 264.1. It provides for the deprivation of rights of the violator for up to three years.

To this is added one of the following measures:

fine or privately calculated monetary penalty;
up to 480 hours of compulsory work;
up to two years of forced labor;
up to two years in prison.

If the penalty imposed for drunk driving is canceled and a year has passed, the risk of reoffending disappears. Now a driver caught drunk and driving will again be held accountable under the Code of Administrative Offenses of the Russian Federation under general conditions if his actions do not constitute a criminal offense. However, it is worth considering that the period of deprivation of rights here will most likely be the maximum specified in the law. Despite the repayment of administrative liability, in such situations drivers are no longer deprived of their rights for 1.5 years, but for at least 1 year and 7 months.

What is the punishment for driving drunk if you haven't passed your license?

If the driver's license was suspended for drunk driving, then the offender will have to answer according to the already given scheme described in Article 264.1 of the Criminal Code of the Russian Federation. In a situation where the temporary suspension of the driving license was caused by reasons other than this, the driver will face a more lenient punishment for driving while drunk. This may be an administrative arrest for a period of 10 to 15 days or a fine. The latter option is most often used for people who cannot be arrested. This group includes disabled people, military personnel, pregnant women, minors).

Penalty for having alcohol while driving

A monetary penalty for driving a car while intoxicated is imposed in most cases. The amount can be fixed when the violator is charged under one article, or set by the court depending on the specifics of the situation.

The fine for a driver for drunk driving may be as follows:

1-1.5 thousand rubles – for driving a bicycle;
30 thousand rubles - for all other types of violations for which administrative liability is provided;
from 200 to 300 thousand rubles – for violations that are punishable according to the Criminal Code.

The traffic fine must be paid off as quickly as possible. Otherwise, he will be in arrears, then the amount of the fine imposed for drunk driving will increase.

Can they be deprived of their rights for life?

According to the law, the maximum duration of deprivation of rights for one traffic violation is 3 years. In particular, such a punishment may be imposed if the driver is caught driving drunk again. Penalty periods are subject to summation in situations where a citizen violated several articles of the code of traffic rules or committed illegal actions while serving a sentence.

Hardcore rule violators often face multi-year driving license restrictions. In some cases, they reach such levels that they are equivalent to a lifelong ban on driving a vehicle.

Given the severity of penalties for drunk driving and the reluctance of some to give up the dangerous habit, the likelihood of such consequences is quite high.

Accident while intoxicated

Driving while intoxicated significantly increases the likelihood of being involved in a traffic accident. It is important to consider that the presence of alcohol in the blood of one of the participants in an accident automatically makes him responsible for the incident. Even if a citizen was detained for driving in such a state for the first time, depending on the consequences of the accident, he may be charged under an administrative or criminal offense. An insurance company often has the right to refuse compensation for damages to a client who was involved in an accident while drunk.

If a drunk driver hits a pedestrian

It is drunk drivers driving cars that most often become the culprits of accidents. They often hit pedestrians who obey traffic rules. If the actions of a drunk driver result in minor bodily injuries, he can still get away with punishment under the Code of Administrative Offenses of the Russian Federation.

Liability for drunk driving resulting in a person being hit:

causing serious harm to health - imprisonment for up to 4 years or deprivation of rights for up to three years with the assignment of forced labor for 3 years;
death of the victim - deprivation of rights for up to 3 years and imprisonment for up to 7 years;
death of two or more persons – deprivation of rights for up to 3 years and forced labor for up to 5 years or imprisonment for up to 9 years.

At the moment, these types of penalties are the maximum possible for such actions. In practice, drunk drivers most often receive suspended sentences for their first offense of this type. The government is going to tighten penalties for such serious crimes by setting minimum realistic sentences for them by the summer of 2019.

Deadlines for paying a fine for deprivation of rights while intoxicated

A citizen who has been issued a fine for drunk driving has 10 days to appeal the court order after it is issued. After the specified time, the document will come into force and the countdown of 60 days will begin in which the debt must be repaid. If this is not done, the amount of the fine will increase three times. This will happen as a result of imposing an additional monetary penalty on the violator in the form of twice the original figure. At the same time, the driver is not exempt from paying the fine itself. It is also important to take into account that punishing a citizen for drunk driving does not allow the amount of the penalty to be reduced by 50%; it will have to be paid in full.

Avoid deprivation of your driver's license for alcohol in court

The driver will not be punished for driving while intoxicated if he provides evidence of his innocence. There are also frequent cases of removal of responsibility from a violator whose case was handled by an inspector with violations and errors in the preparation of documents. In a situation where a driver is actually caught driving while intoxicated, he should immediately seek help from a lawyer. Even if the specialist does not save him from imposing a punishment, he will at least try to minimize the negative consequences.

How to get your license back after half the deprivation period

According to the law, the punishment for driving a vehicle while intoxicated is not subject to review or mitigation after the court decision enters into force. The government intends to deal even more harshly in the future with people who drive after drinking alcohol. For this reason, the possibility of early return of rights in such a situation is not provided.

What documents are needed to return a driver's license after being revoked for drunkenness?

The Russian government is considering the possibility of introducing an amnesty for administrative penalties. Despite this, its representatives note that driving a vehicle while intoxicated will not be included in this list due to the seriousness and danger of the offense. Drivers should prepare for the fact that, if caught driving while drunk, they will have to surrender their license for at least 1.5 years. No amount of amnesty requests will change this.

Prom-Nadzor.ru

Liability for driving while intoxicated

Traffic rules prohibit driving a vehicle while intoxicated (alcohol, drugs, etc.). This offense is subject to administrative and criminal liability.

If the driver shows signs of intoxication, he is removed from driving and sent for a medical examination.

The driver will be held accountable if the use of alcoholic beverages, narcotic drugs, psychotropic substances or their analogues is proven.

The degree of responsibility does not depend on the degree of intoxication of the driver, but is determined by the court taking into account mitigating or aggravating circumstances.