Deprivation of rights for alcohol intoxication in 2021

Good afternoon, dear reader.

Driving while intoxicated is one of the most serious offenses a driver can commit. Moreover, responsibility for this violation becomes more serious over time.

If a few years ago the driver only faced deprivation of his license, then in 2021 you can “earn” a large fine, forced labor, and even imprisonment.

In this article you will find out what punishment awaits a driver who gets behind the wheel drunk:

• Driving while intoxicated.
• Punishment for a drunk driver without a license.
• Repeated driving while intoxicated.
• Transferring control to a drunk driver.
• Table of penalties for drunk driving.
• Discount for paying fines.
• Amnesty for those deprived of their rights.

Liability for drivers while intoxicated is provided for by the following regulatory documents:

Code of Administrative Offenses Article 12.8 Code of Administrative Offenses Article 12.26 of the Criminal Code of the Russian Federation Article 264

Driving while intoxicated

The simplest option is for the driver to get behind the wheel while intoxicated:

1. 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.

The driver expects:

• deprivation of rights for a period of 18 to 24 months ;
• fine 30,000 rubles .

Punishments are imposed simultaneously.

Note. The exact same punishment awaits the driver who refused a medical examination for intoxication (Part 1 of Article 12.26 of the Administrative Code).

How long will a driver's license be revoked for the first time?

For the first time, you can lose your right to drive for a period of 18 to 24 months on the basis of parts 1 and 2 of regulation 12.8. Code of Administrative Offences.

The following may be subject to such punishment:

• Drivers who got behind the wheel while drunk for the first time.
• Drivers who committed this offense after the expiration of the administrative punishment for the previous deprivation, that is, the deprivation of rights is not considered repeated.
• Drivers who do not have a criminal conviction for driving while intoxicated, that is, were not charged under Art.
  264 of the Criminal Code of the Russian Federation. A driver who has been charged under the specified regulatory provision, regardless of the statute of limitations, for drunk driving will be deprived of the right to drive on the basis of Art. 264.1. Criminal Code of the Russian Federation.

Punishment for a drunk driver without a license

The following variant of the violation is when a driver, deprived of his license or initially without one, is caught by the police while intoxicated:

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, if such actions do not contain a criminal offense -

entails administrative arrest for a period of ten to fifteen 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 thirty thousand rubles.

The driver will face one of the following penalties:

• administrative arrest for 10 - 15 days ;
• fine 30,000 rubles.

Please note that the fine is imposed only on the following categories of citizens:

• pregnant women;
• women with children under fourteen years of age;
• persons under the age of eighteen;
• disabled people of groups I and II;
• military personnel;
• citizens called up for military training;
• employees of the Investigative Committee of the Russian Federation, internal affairs bodies, bodies and institutions of the penal system, troops of the National Guard of the Russian Federation, the State Fire Service and customs authorities with special ranks.

Everyone else will be arrested.

Note. The exact same punishment awaits a driver who does not have a license and refuses a medical examination for intoxication (Part 2 of Article 12.26 of the Administrative Code).

Waiver of medical examination in 2021

Medical examination is a doctor’s check for intoxication, to which the driver has the right in the event of refusal or disagreement with the results of a breathalyzer test, as well as in controversial cases at the discretion of the inspector. The procedure is regulated by paragraph 2.3.2 of the Traffic Rules. It is important to know that:

1. Even if a driver refuses to undergo an examination, he can avoid deprivation of his license for drunkenness in 2021 if he proves in court that the reasons for the refusal are valid.
2. Illegal actions of an inspector or traffic police patrol make their inspection requirements void from the point of view of the law.
3. Violation of the driver's rights must be recorded by witnesses or a video camera. If the driver does not have evidence of the illegality of the traffic police’s actions, the court will by default take the side of the inspector.
4. The examination is carried out by order, unauthorized passage is considered disobedience to the order of the official.

Refusal to undergo an examination in a medical institution without a good reason is considered by the administrative code (Article 12.26) as a gross violation ; in 2021, it is punishable by deprivation of rights for drunkenness for a period of 1.5-2 years and a fine of 30 thousand rubles. Repeated refusal of examination is punishable by arrest for 15 days, with mitigation for women with children, pregnant women and disabled people - they will have to pay a fine of 30 thousand rubles.

In 2021, changes are planned to make the punishment more severe: the fine will increase to 35 thousand, and the deprivation of rights will be fixed for two years.

Repeated driving while intoxicated

The punishment for repeated violation deserves special attention. Let me remind you that a repeated violation is committed within 1 year from the end of the previous period of deprivation. In this case, the date the license was returned to the driver is important.

Let's consider article 2641 of the Code of Administrative Offenses:

Driving a car, tram or other power-driven 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.

So, for a repeated violation, the driver will receive one of the following penalties:

• Fine 200,000 - 300,000 rubles .
• A fine in the amount of the convicted person’s income for 1 to 2 years.
• Compulsory work for up to 480 hours.
• Forced labor for up to 2 years.
• Imprisonment for up to 2 years.

In addition, in addition to the penalties listed above, the driver will be deprived of his license for up to three years.

Please note that the crime is criminal, i.e. the driver may receive a criminal record . In this case, a criminal record is retained for 3 years (in case of imprisonment) and 1 year (for other punishments).

Criminal penalties for driving while drunk

Let's start with Art. 264 of the Criminal Code of the Russian Federation. It establishes liability in a situation in which a drunk driver causes damage to the health and lives of people.

Here, we are talking not only about the presence of alcohol in the blood of a citizen, but also drugs, psychotropic and other illegal drugs.

Since June 28, 2021, changes to the considered norm of the Criminal Code have been in force in terms of tightening sanctions against perpetrators of crimes. Everything can be clearly understood from the proposed table.

Sanctions of Article 264 of the Criminal Code of the Russian Federation

To all types of punishment listed in the table, the confiscation of the driver’s license is added as an additional measure of influence on the convicted person.

The maximum period of time is 3 years. However, the court in its verdict may assign the convicted person a shorter period of ineligibility.

Not all car owners know that from July 1, 2015, Art . 264.1 for violation of traffic rules by a driver who was previously subject to administrative punishment .

Criminal liability for driving while intoxicated:

1. Fine from 200 – 300 thousand rubles. or the amount of the convicted person’s salary for a period of 1 to 2 years.
2. Mandatory work up to 480 hours.
3. Forced labor for up to 2 years.
4. Imprisonment for up to 2 years.
5. Hold a specific position for up to 3 years.

Additional sanctions include deprivation of the right to engage in certain activities related to driving a car for up to 3 years. The specific period is prescribed in the court verdict. And it begins to flow after the verdict comes into force.

It applies to those drinkers who have previously had problems with the law. Let's look at this norm in more detail.

Transferring control to a drunk driver

In addition to the driver himself, who is in a state of intoxication, the person who handed over control to the drunk may also be held liable:

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

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.

In this case, the following penalties will be imposed on the driver (at the same time):

• deprivation of rights for a period of 18 to 24 months;
• fine 30,000 rubles .

Thus, the person who handed over control to a drunk receives exactly the same punishment as the driver himself while intoxicated.

Paragraph 12 of the resolution of the plenum of the Supreme Court No. 20 of June 15, 2021 contains the following features of bringing to justice :

1. For transferring control to a person in a state of intoxication, not only the owner of the car, but also another driver who directly transferred control to the drunk can be punished.

For example, the car belongs to Alexander. Alexander transferred control of the car to his son Boris by proxy. Boris handed over control to his friend Vadim, who was intoxicated.

In this case, it is not Alexander, who owns the car, who should be punished for transferring control, but Boris, who directly transferred control to the drunken Vadim.

2. The fact that control was transferred to a drunk driver must be proven by an official.

For example, if a drunk driver independently took the car keys from the shelf, and the owner of the car did not even suspect it, then no punishment should be imposed.

Revocation of driver's license for drunkenness for the second time

Repeated disqualification for drunk driving in 2021 refers to the punishment of the driver within a year after the previous violation. This violation can be considered both by the administrative code (Article 12.8 of the Code of Administrative Offenses) and by the criminal code (Article 264.1 of the Criminal Code) . Repeated gross violation will result in:

• withdrawal of rights for a maximum period;
• a fine of up to 300,000 rubles or recovery of part of earnings for 1-2 years;
• forced labor up to 480 hours;
• ban on holding certain positions, up to one and a half years;
• criminal liability for up to 2 years.

The determination of punishment depends on the consequences of the offense and mitigating circumstances. Before making a decision, it is recommended to collect certificates of exemplary behavior from the place of work and the local police department, as well as letters, certificates, and positive characteristics.

Table of penalties for drunk driving

Let's look at all the penalties listed above in table form:

Consequences of deprivation of a driver's license

Driving while intoxicated is the most serious possible administrative traffic violation. Punishments are regulated by articles 12.8 and 12.26 of the Code of Administrative Offences. For the first violation of rights, rights are deprived for a period of 1.5 to 2 years, for repeated violations - up to 3 years . The period begins to run from the moment the rights are transferred to the traffic police after the decision is made; if you evade surrendering your rights, the punishment is not considered completed. The certificate is returned only after completion of the punishment and passing the exam at the state traffic inspectorate.

The term of serving the sentence cannot be reduced: amnesties are not provided. Driving with a confiscated license is an aggravating circumstance and is punishable by an additional detention of up to 15 days. Driving while intoxicated while your driver's license is already suspended will result in criminal penalties.

What threatens a drunk driver?

Based on Art. 12.8, part 3 of the Code of Administrative Offenses of the Russian Federation, a driver who drives a car while drunk and does not have the right to drive a car (including one deprived of a license), if his actions did not lead to criminal offenses, is subject to administrative liability. This is an arrest for 10-15 days.

Reference! If arrest cannot be applied, then an administrative fine in the amount of 30 thousand rubles is imposed on the person.

You can find out more about the punishment for drunk driving in this material, and you can read about the fine for transferring control of a vehicle to a person while intoxicated here.

Repeated violation

What punishment faces a driver driving a car without a license, while drunk, for repeated traffic violations?

If the ban on driving without a license is violated again, after being imprisoned for drunkenness, the person will be prosecuted on the basis of Article 264.1 of the Criminal Code of the Russian Federation, since he is regarded as a potential murderer.

A person who drives any vehicle while drunk and has previously been imprisoned for drunkenness, or has a criminal record for a crime provided for in parts 2, 4 or 6 of Article 264 of the Criminal Code of the Russian Federation or Article 264.1, at the discretion of the district judge (according to N 509-FZ of December 27, 2018) punishable:

• a fine in the amount of 200 thousand to 300 thousand rubles;
• a fine in the amount of wages (other income) of the convicted person for a period of 1 to 2 years;
• compulsory work for up to 480 hours;
• forced labor for up to 2 years;
• imprisonment for up to 2 years.

Reference:

1. Part 2 art. 264 of the Criminal Code of the Russian Federation - a traffic violation committed by a citizen while intoxicated, which led to the infliction of serious harm to human health.
2. Part 4 art. 264 of the Criminal Code of the Russian Federation - violation of traffic rules while drunk, resulting in the death of a person through negligence.
3. Part 6 art. 264 of the Criminal Code of the Russian Federation - violation of traffic rules by a drunk person, which through negligence caused the death of two or more persons.

The entry into force of Federal Law No. 65 of April 23, 2019, equalized the punishment for drunk drivers and those who fled the scene of an accident; now both categories will be held accountable under the above article.
You can find out more about the penalties for repeated drunk driving here.