Recently, accidents on the roads have become more frequent. Most cases are caused by taking alcohol or drugs on the eve of a trip or while driving a vehicle. Therefore, the government has tightened penalties for drunk driving. In 2018, the violator is promised deprivation of rights for alcohol intoxication and considerable penalties. In this article, we will take a closer look at the mechanism for detaining a motorist while intoxicated, the amount of the penalty and the process of confiscating a driver’s license.
Allowed amount of alcohol in 2018
In order not to lose your license for driving while intoxicated, you need to clearly know the prescribed norm of permissible alcohol intoxication. The test can be done in two ways, by measuring the amount of alcohol in the blood or in the air. It is measured in mg/l or ppm. That is, the number of milligrams of alcohol per 1 liter of blood or exhaled air.
It is important not to confuse these values! The maximum permissible alcohol limit while driving is 0.16 mg/l or 0.35 ppm
If you exceed the limit, a person may lose his license for drunk driving.
The devices used by traffic police inspectors can make measurements in ppm and mg/l. You should be very careful when undergoing the examination by checking the exhaled air. The numbers are very different from each other, but in fact indicate the same level of alcohol intoxication. Unscrupulous inspectors can take advantage of this and extort a bribe.
How to avoid deprivation of your license for drunkenness?
This can be done for various violation reasons. Let's give them the maximum number, and your task in court is to find out their presence and, most importantly, to convince the judge that these errors and violations cast doubt on the correctness of the examination and, as a result, cannot reliably establish the fact of intoxication, and any doubts your guilt is interpreted in your favor (Article 1.5 of the Administrative Code).
So, below we list all the violations that, according to judicial practice in 2021, should entail avoiding punishment in the form of deprivation of rights for drunkenness if you are caught driving drunk. We will also provide references to rulings and decisions of courts, in particular, the Supreme Court, the results of which are required to be guided by lower authorities (but, of course, not unquestioningly make identical decisions).
If the roadside inspection procedure itself is violated
- The required interval of 15-20 minutes between samples of exhaled air was not observed (compared to the time in paper “receipts” of the device) - Resolution of the Supreme Court of the Russian Federation No. 11-AD15-34 and No. 46-AD16-24.
- If attesting witnesses have different signatures in protocols or other documents - RF Armed Forces No. 5-AD16-213.
- If the disk with a video recording of the situation on the road turned out to be unreadable in court or the traffic police inspector lost it.
- If the protocol does not contain the time of examination, or the protocol of suspension and the protocol of referral or report indicate different times.
- If the act indicates the alcohol concentration not in mg/l, but in other values - for example, in ppm (it is not always possible to avoid deprivation on this basis) - RF Armed Forces No. 82-AD17-1.
- The examination procedure is incorrect. If a protocol of referral for a medical examination is drawn up first, and then an examination report is drawn up, then the order is violated.
Breathalyzer violations on the road
- Humidity, temperature and other weather conditions were not acceptable for operating the device.
- There are no printed results from the device at all or they are lost.
- There is no driver data, date and time, date of calibration and verification, if according to the technical characteristics of the device they should be printed, or if they were entered by the traffic police officer himself.
- If the device data is not included in the inspection report.
- “Falsification” of a certificate is expressed in the form of slipping in a certificate other than the required one - about the conformity of the type of measuring device.
- If the breathalyzer certificate does not comply with GOST No. 50444-92 (this GOST is not specified in the certificate).
- If the device is not registered as a medical device.
- If the breathalyzer is not sealed (very often on this basis it is possible to avoid deprivation of rights for alcohol) - it does not have the corresponding verifier’s mark.
- If the verification was carried out by an organization not accredited for this purpose.
- If the verification is simply overdue (a very good reason to cancel the deprivation) - RF Armed Forces No. 18-AD11-8.
- There is no signature on the verification certificate.
Violations during medical examination
- If the inspector sent for a medical examination without carrying out the procedure on the road.
- The laboratory does not have a license or if such a license has expired.
- If the medical examination was carried out in a mobile laboratory, but the requirements of Order No. 933N were not met.
- The doctor does not have a certificate of completion of training.
- If the medical institution did not sample the driver’s exhalation, but immediately took urine or blood to test for alcohol and drugs.
- The examination report was not signed by the doctor.
- In the conclusion of the examination, the act does not contain the direct words “The state of intoxication has been established.”
- If, after taking air, urine or blood was not taken - judicial practice of the RF Armed Forces No. 82-AD17-1.
It is important to understand that all of the above violations will not lead to a 100% cancellation of the deprivation of rights as such if you are caught drunk. This depends on the individual judge and the totality of such violations - the more there are, the higher the chance of avoiding deprivation. However, it should be understood that judges make decisions based on personal conviction based on all the facts being examined. Plus, they are not always without sin. Therefore, sometimes you will have to appeal the decision of the magistrate in the district higher court.
Procedure for deprivation of license for drunk driving
Only a court can deprive a driver of his rights; an inspector can only temporarily remove him from driving a vehicle. Thus, the inspector must identify the violator, conduct an examination and send documents to the court.
Don't take my word for it! Always check the device data, otherwise you risk losing your license for unjustified intoxication
On-site inspection by a traffic police officer
To impose a punishment for drunk driving, a law enforcement representative is obliged to carry out the appropriate procedure at the place of arrest:
- Remove the driver from driving if there are external signs of drunkenness.
- Measure the level of alcohol intoxication using special instruments, taking into account all errors.
- Draw up a protocol in the presence of two witnesses.
- If the driver does not agree to undergo the procedure described in the second paragraph, the inspector must accompany the offender to a medical examination, where the examination procedure will be carried out in the presence of two witnesses.
If the suspect's intoxication is not confirmed, the traffic police officer is obliged to return the driver to his car.
Checking the degree of intoxication in a medical facility
If you refuse to have your alcohol intoxication assessed on site, you will be sent for a medical examination. It is worth noting that only a doctor who has undergone the required training and has a certificate to confirm this can do this. The medical examination process goes like this:
- The act records the name of the suspect, passport details and protocol number.
- A search is carried out for clinical signs of intoxication.
- A test is carried out to determine the concentration of alcohol vapor in the exhaled air.
- The driver is sent for a blood or urine test.
- Enter all data into the inspection report.
Refusing a medical examination is highly discouraged, because such an action is equivalent to an admission of a violation and leads to the deprivation of a driver’s license for alcohol.
The court hearing is the last resort
If, based on the results of the examination, you are found to be drunk, then all the documents go to court. Typically, this means that your rights will be revoked. Proving the opposite is practically impossible in practice. After the court makes a decision on deprivation of your license for driving while intoxicated, you must independently submit your license to the traffic police department within 10 days. The period will begin to count from the date of delivery of the driver's license
The court will determine the punishment
Fine for drunk driving
In order to understand what punishment is provided for driving a car while intoxicated with alcohol or drugs, you must first refer to the Code of the Russian Federation on Administrative Offences, namely Article 12.8.
This article explains that driving while intoxicated is an administrative offense and is punishable by a fine of 30 thousand rubles.
In addition, the driver is deprived of the right to drive a vehicle for a period of 18 to 24 months, but the vehicle itself will wait for its owner in the impound lot.
Please note that this provision of the law applies not only to the one who drove the car while drunk, but also to the one who entrusted the control to another driver who was in a state of alcohol or other intoxication.
In this case, you will also have to pay a fine and walk for a while, because your license will have to be submitted to the state road safety inspectorate for a long time.
Some traffic police inspectors deliberately mislead violators during the preparation of the protocol so that they admit their guilt, promising a mitigation of punishment.
Of course, if the offender repents, then the punishment can be lightened only by reducing the period of deprivation of rights to one and a half years, i.e. up to the minimum period provided for in this article.
Is the situation the same with the fine, or can its size be reduced?
Let us turn again to the norm of this article, it indicates a specific amount, and not, as in the case of punishment, a range from amount to amount.
According to this, we can conclude that in this case, the judge is powerless, and the offender is obliged to pay a fine of 30 thousand rubles.
But there is a kind of exception to this article. If we consider the norm of Part 2.2 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation, then if there are exceptional circumstances, then the person considering the case of an administrative offense can reduce the fine to half the amount provided for in Article 12.8, that is, only up to 15 thousand rubles.
Such an exceptional circumstance may be extreme necessity, due to which the offender was forced to drive while intoxicated.
It is also possible to defer the payment of the fine for up to 3 months, in case of a difficult financial situation and the inability to pay the fine immediately.
This opportunity can only be applied to a citizen of the Russian Federation, but the application of a deferment to a foreign citizen or stateless person is unacceptable, due to the fact that they are expelled from the country.
What happens if you are caught drunk driving? Read here what to do if your license is revoked for drunkenness.
Find out how to get your license back ahead of schedule if you were deprived of your license for drunkenness by following the link:
What happens if a driver is caught drunk driving?
The Code of the Russian Federation on Administrative Violations, namely Articles 12.8 and 12.26, provides severe penalties for drunk driving. If the driver was prosecuted for the first time, the liability in 2021 will be as follows:
- collection of a fine of 30 thousand rubles;
- deprivation of rights for drunkenness for a period of one and a half to two years.
A sober driver will face the same punishment if he hands over the steering wheel to a drunk person.
If a driver caused a traffic accident while intoxicated, the court has full authority to imprison him for 5 years, or send him to correctional labor for 4 years.
If caught again, the fine will increase to 200-300 thousand rubles, and the deprivation of a driver’s license for alcohol will be extended to 3 years.
What awaits a drunk driver?
In 2021, the punishment for drunk driving is provided by Art. 12.8 Code of Administrative Offenses of the Russian Federation. According to its provisions, a drunk driver will face the following punishment:
- deprivation of a driver's license for a period of 1.5 - 2 years;
- fine 30 thousand rubles.
In 2021, penalties have been tightened for drivers who find themselves driving drunk for the second and third time. To such citizens, depending on the severity of their offense, in addition to administrative liability, criminal liability may also be applied (Article 264.1 of the Criminal Code of the Russian Federation). The amendments in question came into force in the summer of 2015 and continue to apply to the present day.
The new law provides in this case:
- A fine, the amount of which is from 200 to 300 thousand rubles.
- Deprivation of rights for up to 3 years.
- Community service up to 480 hours.
- Forced labor for up to 2 years.
- Imprisonment, which can last two years.
The punishment for the guilty driver is chosen by the court. The grounds for holding him accountable or depriving him of his rights are the testimony of witnesses and medical results. examinations confirming the presence of alcohol intoxication while driving. However, some drivers still manage to avoid deprivation of their license for alcohol intoxication in court.
A person who has transferred control of his car to a drunk citizen will not be able to avoid responsibility. Paragraph 2 of the above article implies liability for such an act in the form of:
- A fine of 30 thousand rubles.
- Deprivation of rights for 1.5 - 2 years.
Important! An offense committed within 12 months after the return of rights will be considered a repeat offense. In this case, it is no longer administrative, criminal liability that is subject to application.
What to do if you do not agree with the accusations made
Deprivation of a driver's license, both for the first and subsequent times in 2021, can only occur during a court hearing. Unfortunately, very often there are cases when traffic police officers make false accusations. It is necessary to carefully monitor the progress of the examination procedure and not sign the protocol if there are disagreements. If you are confident that you are right, you should call your lawyer, he will help you avoid undeserved punishment.
Violations that may be committed by traffic police representatives at the place of arrest. They may be the reason for canceling the protocol:
- There were no witnesses during the examination.
- The protocol was drawn up in non-compliance with the prescribed standards.
- Testimony from witnesses was collected retroactively. Neither they saw you nor you saw them.
- At honey The institution where you were tested does not have the appropriate license.
If you are sure that you were driving a vehicle completely sober, and you are deprived of your license to drive while intoxicated, hire a lawyer and prepare arguments in your favor.
If you notice such deviations from the law or other oversights, feel free to go to appeal the punishment. This can be done within 10 days after the resolution is submitted. Necessary documents for the appeal procedure:
- Act on suspension from driving vehicles.
- Sobriety test paper at the scene of arrest.
- Inspection data.
- Document on administrative violation.
- Evidence of witnesses in writing.
Procedure for deprivation of rights for drunkenness
The consideration of a case of an administrative offense is regulated by Chapter 29 of the Code of Administrative Offenses. Part 1.1 of Article 29.6 indicates that the case of deprivation of rights for drunkenness is considered by the court within 2 months from the moment the judge receives the protocol on the administrative offense.
As a rule, when considering a case of deprivation of a driver's license for drunkenness, drivers do not come to court to defend themselves. In this case, the judge makes a decision to impose an administrative penalty in the form of deprivation of a driver’s license for alcohol intoxication. That's all. The judge himself cannot and will not argue with the traffic police.
It is important to know: it is unlikely that the court will consider each case of deprivation of a driver’s license for alcohol intoxication separately and in detail. The traffic police bring bags of reports to the courts. Even if the protocols are drawn up with obvious violations, the court will decide in favor of the traffic police. If you are represented by a professional lawyer, your chances of being acquitted are high.
Return of driver's license
Those who have been deprived of their license for drunkenness must re-pass an exam on their knowledge of the theory, that is, traffic rules. You can sign up for surrender only after half the sentence has passed. After a successful exam, you must pay off all debts to the traffic police and undergo an examination, after which you will be issued a medical certificate. This document indicates that you can drive a vehicle.
Having collected all the necessary documents (certificate of deprivation of rights, court decision and passport of a citizen of the Russian Federation), go to the department where the driver’s license is located. You must be there in person.
How does prosecution work?
The procedure for depriving a driver's license for drunkenness in 2021 provides for the following algorithm of actions on the part of the traffic police inspector.
- Stopping a car by a traffic police inspector.
- Removal from driving a car and drawing up a protocol.
- Referral to medical examination and drawing up a protocol.
- Passing the driver's med. inspection with the preparation of the corresponding act.
- According to the results of honey. investigation, drawing up a protocol on the basis of Art. 12.8 Code of Administrative Offenses of the Russian Federation.
- Detention of a car and a ban on its operation with the drawing up of an appropriate protocol.
Important! During medical The examination must be attended by witnesses or video recorded.
Witnesses by their signature on the protocol confirm the fact of carrying out certain procedural actions, as well as their results.
A violation of the sequence of this algorithm indicates that procedural violations have been committed that should be subjected to legal analysis. In such a situation, it is advisable to seek the help of qualified legal specialists who will analyze the situation and develop a defense strategy, thus preventing illegal actions by representatives of the law.
You should also know that even a driver who has lost his license has the right to appeal, during which the decision of the trial court will be reviewed.
