Procedure for deprivation of rights for drunkenness
Driving a vehicle while intoxicated is unacceptable. Due to the negligence of one person, other people may suffer. You will also be subject to the deprivation of your driver's license for alcohol and the imposition of fines. If the driver has not previously noticed such inappropriate behavior, he can be fined thirty thousand rubles and deprived of his license for a couple of years - it all depends on the specific circumstances.
In case of repeated violation, the terms of deprivation of a driver's license in court may increase. And the fine can rise to fifty thousand. Criminal penalties for drunk driving are now becoming common. If it involves causing serious physical harm to other citizens, the perpetrator may be given a prison term of two to nine years.
Terms of revocation of a driver's license
The reason for the punishment also determines its severity, and therefore the terms of deprivation of rights for different offenses vary. The maximum term is one and a half to two years, along with which the violator is required to pay a substantial fine of 30 thousand rubles. Such a severe penalty is provided not only for drunk driving, but also for refusing a medical examination and handing over the steering wheel to a drunk driver.
“It happens that a person, being absolutely sober, gets into an accident,” comments Lev Tropin. “And while I was waiting for the traffic police officers, I decided to relieve stress and relax, sip a glass, and then walk home or take public transport. But from the point of view of legislation, this is a violation of traffic rules and an administrative offense. It’s absolutely forbidden to do this, since for this reason alone you can lose your driver’s license.”
A similar period of imprisonment is provided for causing harm to health of moderate severity - for example, in the case of a collision with a pedestrian. And for driving a car with flashing lights, of course, without the right to do so.
For other offenses the punishment will be lighter. For a year and a half they have the right to withdraw the “crust”:
- if the driver flees the scene of the accident;
- for “creativity” in painting a car in colors that imitate the colors of special vehicles;
- for causing minor harm to human health.
They are also punished for significantly exceeding speed: up to 80 km/h - for four to six months, more than 80 km/h - for six months. A similar standard is provided for repeatedly running a red traffic light, driving in oncoming traffic, and transporting dangerous goods without complying with safety standards. Driving with a covered license plate and driving an unregistered car is punishable by imprisonment from one to three months. You can have your license taken away for more than three months if you don’t allow a car with a flashing light to pass through; this also carries a fine of up to five thousand rubles.
“Driving a car while intoxicated and committing an accident causing harm to health will definitely lead to the deprivation of your license,” clarifies Lev Tropin. “Anyone who does not give way to ambulances or other special services will definitely lose their license. But, for example, for repeated driving through a prohibitory traffic light, although the law provides for this measure, in reality they almost always impose a maximum fine of five thousand rubles.”
Is it possible to win a court case against deprivation of rights for drunkenness?
This is a common question that our administrative law attorneys must answer:
- If procedural violations were committed during registration, the driver can count on the return of the right to drive freely. But proving the innocence of a particular citizen is not very easy without the help of an experienced specialist. Reliable and effective assistance from a driver's license lawyer is relevant if they are trying to take away your license for residual ethanol found in the blood, when consuming alcoholic beverages the day before the accident, and other conditions. A competent lawyer will find a lot of mitigating circumstances and help you preserve your rights or return them through a complaint against the decision of a judge in an administrative case in court.
- To challenge the legality of the actions of the traffic police and the police, you should go to court with the necessary package of documents or use the services of our experienced legal specialist.
What to say in court when you are deprived of your license for alcohol?
It all depends on the actual circumstances. The court will ask the traffic police inspector to attend the trial. You have the opportunity to ask him questions. For example, traffic police inspectors rarely bother to familiarize you with your rights. Ask him a question: did he familiarize you with your rights? And with which ones exactly? In addition, ask the same from witnesses. It is also necessary to ask questions about how exactly your vehicle was stopped by the traffic police inspector, who exactly did it, the vehicle is not always stopped by an authorized person.
In general, the more questions you ask, the more likely you are to confuse the inspector. Inconsistencies in the testimony of the traffic police inspector, witnesses, and witnesses can work to your advantage.
If all the evidence points to your guilt, it is better to confess; such a confession can at least reduce the term of your administrative punishment.
What arguments does the driver have to defend himself?
The liability that comes with drunk driving largely depends on how legally savvy the citizen who is held accountable is. From the above it is clear that the procedure for applying sanctions to a drunk driver is associated with the implementation of a number of procedural actions and the participation of a certain number of persons (inspectors, medical workers, witnesses). Therefore, during its implementation, a sufficient number of violations may be committed. The most commonly accepted are:
- Procedural violations when drawing up the protocol.
- The person or medical institution that conducted the examination does not have a license established by law.
- Lack of witnesses.
- The statute of limitations for revocation of a driver's license for drunkenness has passed.
Therefore, it is more possible to win a lawsuit; it would not be a bad idea to involve an experienced lawyer in the case.
Disqualification period for driving while intoxicated
For drunk driving, a person can be fined 30,000 rubles and deprived of the right to drive vehicles for a period of eighteen to twenty-four months . At the same time, the specified period is influenced by many factors, such as:
- Difficult personal experiences, incl. problems of a family, household, work nature
- Good reference from neighbors, employer, teacher (teacher)
- Voluntary recognition of a committed unlawful act
- Other circumstances, the list of mitigating circumstances is not exhaustive
However, the presence of the above circumstances means nothing if you presented them to the court incorrectly. References to such circumstances before the court must be submitted in the correct order, well reasoned, and proven.
Procedure for depriving a driver of a driver's license
Despite its apparent simplicity, the procedure for depriving a driver of his license, which gives the right to drive vehicles, is quite complex. If the motorist behaves correctly in some moments, he may even retain his license.
Drawing up a protocol by a traffic police officer
The first step in the procedure for depriving a driver of his rights to drive vehicles is the drawing up of a protocol by the traffic police officer who detected a violation of traffic rules. This document should reflect the following information:
- Information about the person who draws up the protocol.
- Violator details.
- Information about the vehicle, while driving which the driver committed a traffic violation.
- Date and place of incident.
- The point of the rules violated, as well as the essence of the offense committed by the motorist.
- Link to the article of the Code of Administrative Offenses, according to which the driver should be deprived of his license for committing a violation of his license.
- Information about witnesses to the incident and victims.
- Data on the availability of additional materials that can be attached to the case (audio, photo and video materials).
- Place and time of consideration of the case of the committed offense.
- Explanation from the driver who committed the violation.
- A petition by which the driver requests that the case be considered at the place of his permanent residence (drawn up if there is such a desire).
- The violator’s signature agrees with the information reflected in the document, as well as with receiving a copy of it.
How to behave correctly when drawing up a protocol
Even if a motorist is very worried about such an unwanted meeting with a traffic police officer, you need to behave correctly, calmly, and control yourself. In some cases, correct behavior can help the driver not lose his license.
When meeting with a traffic police officer, you must behave as follows:
- Keep calm. You should not raise your voice at the traffic police officer or try to prove your innocence to him. In practice, such behavior quite often only worsens the situation.
- Try to find a compromise. If the driver behaves balancedly and realizes his mistake, then it is likely that the traffic police officer will limit himself to only a fine (of course, provided that the committed act provides for such a possibility).
- There is no need to say that the violation was committed intentionally. Even if the motorist realizes that he was deliberately driving against the rules, it is not worth talking about this, since the inspector will perceive this fact as ignoring traffic rules.
- Read the protocol carefully. Traffic police officers are the same people who can make mistakes when drawing up a document.
Punishment for repeated deprivation of license for drunkenness
What is needed, in the opinion of the legislator, in order to bring some sense to a person who has once been brought to administrative responsibility for driving while intoxicated? We think you already understand - criminal liability, probably prison.
What is needed, in your opinion, to avoid this? We think that, like last time, you have already guessed - to defend yourself fiercely, with sweat and blood.
Thus, criminal liability for this criminal act provides for:
- imprisonment for 2 years;
- or forced labor for a period of up to four hundred eighty hours;
- or compulsory labor for up to two years (correctional colony);
- or a fine from 200,000 to 400,000 rubles.
In addition to having a criminal record, probable imprisonment or restriction of freedom, as well as a possible fine, you will have to deal with incredibly “nice” people, in the person of law enforcement and penitentiary systems employees.
Therefore, taking into account the above, we strongly advise you to go into battle not alone, but together with our professional lawyers who will seek the least punishment or acquittal, see more details VIDEO on defense:
Statute of limitations for deprivation of rights for drunkenness
In order for you to be held administratively liable for driving a vehicle while intoxicated, no more than three months must pass from the moment of commission of the act to the entry into force of the decision in the administrative offense case. If you miss the specified period, you cannot be brought to administrative responsibility for driving a vehicle while intoxicated.
Just imagine, first the employee needs to draw up a report on an administrative offense, a medical examination report, a report on suspension from driving a vehicle. Then all this needs to be agreed upon with the head of the traffic police department. Then send all these documents to the court, although this often happens by mail. After which the court needs to accept these documents for administrative proceedings.
Then the court needs to notify the offender about the upcoming court hearing, which also needs to be held. These procedural actions take approximately one and a half to two months from the moment of the violation itself. So, you, like the court, have about a month. Well, you can suddenly catch a cold, thereby losing the opportunity to participate in the trial.
In general, there are a great many reasons to delay the court’s decision on our case; it all depends on the imagination and procedural maneuvering skills of your Defender.
Is it possible to reduce by amnesty?
Reducing the period of deprivation of a driver's license is possible only if there is a difference between the minimum period for a specific article and the one assigned in a specific case.
In all other cases, changing the court's decision is simply impossible. Any amnesties related to the deprivation of a driver's license were possible only in the USSR. At the moment, such a practice simply does not exist.
Reducing the period of deprivation of a driver's license in 2021 for drunkenness is possible only in certain cases.
A driver who is faced with the deprivation of a driver’s license should be sure to familiarize himself not only with the relevant article of the Code of Administrative Offenses, but also with judicial practice.
It will determine whether it is possible in any case to restore rights. This point is especially important. Since when making decisions, the judge for the most part is guided by the existing practice on this issue.
The procedure for returning a driver's license itself has many different nuances. Even if the driver decides to turn to specialists, he should still be sure to familiarize himself with all of them himself.
Thus, it is possible to significantly reduce the amount of time required to implement this procedure - to the very minimum. But it is still best to avoid violations of this kind.
The possibility of providing legal assistance in case of deprivation of a driver's license is discussed in the article: assistance in case of deprivation of a driver's license.
The price of training for a category A driver's license is in this text.
A sample application for a replacement driver's license in 2020 can be found here.
How to get your license back after being revoked for drunkenness?
You can return your driver's license the next day after the expiration of the administrative penalty. However, before going to the traffic police department, you must go through the following procedures:
- Pay all traffic fines, i.e. not only a fine imposed by the court, but also fines, say, for exceeding the speed limit;
- Pass the test on knowledge of traffic rules
- Pass a medical examination
We also draw your attention to the fact that you can return your rights, subject to the above procedures, on the day you contact the Traffic Inspectorate located at the place of execution of the administrative penalty. However, you can contact another traffic police department, but in this case you will only be able to obtain a license after thirty days.
What is revocation of a driver's license?
Important! Deprivation of a driver's license is a punishment for motorists who have committed dangerous traffic violations.
Misdemeanors that entail the confiscation of the certificate are prescribed in the Code of the Russian Federation on Administrative Violations (CAO). Below are the main reasons for deprivation of a driver's license in our country.
- Driving a vehicle without license plates (clause 2, Article 12.2) is punishable by a fine of 5,000 rubles or deprivation of a driver’s license for a period of 1 to 3 months.
- Driving a car with deliberately false license plates (this offense is punishable by deprivation of rights for a period of 6 to 12 months under paragraph 4 of Article 12.2). Repeated registration of driving a vehicle with unregistered license plates will cost the driver a fine of 5,000 rubles, and he may also be deprived of his driver’s license for 1-3 months).
- Driving a car on which signaling devices are installed - light or sound, as well as equipping the car with devices with red lights can lead to confiscation of the license for a period of 6 months to 1.5 years).
- If color schemes belonging to the vehicles of operational services are illegally applied to a car, the driver faces deprivation of his license for 1-1.5 years.
- Drivers who are intoxicated while driving and persons who hand over their cars to drunk citizens are punished - the offense entails a fine of 30 thousand rubles with confiscation of rights for 1.5-2 years. We wrote about deprivation of rights for alcohol intoxication here.
- Exceeding the speed limit by 60, 80 or more kilometers , as well as similar repeated offenses, entail a traffic police fine or deprivation of rights for up to 6 months.
- For crossing a solid road, driving along it , driving onto tram tracks and failing to give the right of way to a vehicle that has the right to it, you can receive a fine of 5,000 rubles or lose your license for 4-6 months.
- Creating an accident during which the victim received minor or moderate injuries is punishable by a fine of 10,000 rubles or deprivation of rights for 1.5-2 years.
You can find important information about deprivation and restoration of rights in these articles:
- Can a driver’s license that has already been revoked be revoked and is it possible to drive a vehicle after the procedure for confiscating this document?
- Why can a driver’s license be revoked and what assistance might a driver need in this case?
- How does a court hearing on deprivation of rights take place, where can I find a resolution and find out about the decision, as well as how to write a complaint against the decision of the magistrate and a petition for non-deprivation?
- How is a statement about the loss, surrender and return of a driver's license written and is there a statute of limitations for cases involving the seizure of a certificate?
Retaking the exam for deprivation of license for drunkenness
You can retake the exam after half the period of deprivation of your driver's license has expired. However, this does not mean that you will immediately receive your license. This means that you can retake the theory in advance so as not to waste time later on getting your driver's license back.
In general, the procedure for passing a theoretical exam on knowledge of traffic rules is no different from the usual passing of the said exam.
- First, you need to come to the traffic police department with your passport in hand. And apply for a state exam on knowledge of traffic rules.
- After some time, you will be informed about the date of the exam.
- At the appointed time, you come to the same department and take the exam.
If you fail the test, you can apply to test your knowledge of traffic rules seven days after failure.
Traffic rules exam
Previously, it was much simpler: after the end of the sentence, you just had to come to the traffic police with your passport and pick up your ID. Now, according to the new rules, you don’t have to pay money, of course, but the moral cost of returning your license after deprivation has increased, since you now need to retake the exam at the traffic police. The traffic rules theory will be accepted in any department of the automobile inspection, regardless of your place of residence.
To take the exam at the traffic police after deprivation of your license, you need to contact the Interdistrict Registration and Examination Department (MREO), taking with you all the necessary documents:
- Application with registered passport data and reason for retaking;
- Court decision on deprivation;
- Confirmation of payment of fines.
It is important to know! In addition, you can sign up through government services for an exam at the traffic police after deprivation of your license. But this should be done only when half the term has expired.
It is believed that retaking a license after deprivation differs from the exam, which is taken for the first time. Supposedly there are no legal or medical issues - they only ask about traffic rules. But that's not true.
Examinations are conducted in accordance with legislative and other regulations (decrees, regulations, instructions). If you are interested in knowing whether it is necessary to retake your license after deprivation, and what questions will be asked, then you should refer to the following documents:
- “Rules for the return of a driver’s license...”, approved by Decree of the Government of the Russian Federation on November 14, 2014, No. 1191
- “Rules for conducting exams...”, approved by Decree of the Government of the Russian Federation on October 24, 2014, No. 1097
From these documents you can find out that the following knowledge is tested:
- traffic regulations;
- provisions for the admission of transport to operation;
- laws of the Russian Federation on road safety, as well as driver liability;
- basics of safe transport management;
- providing first aid in case of an accident.
