The material was checked by the Expert: Kochergin Yuri Alekseevich
General Director of the Legal Support Center. Judicial experience in various disputes: 13 years. Education: AIE (f) SPbAUE.
Knowing a few tricks, you can really avoid deprivation of your license for driving while intoxicated. Moreover, based on the law, it is realistic to make the traffic inspector, and not the drunk driver, the offender.
Driving while intoxicated is punishable by a fine of 30,000 rubles or deprivation of rights for a period of 1.5 - 2 years, and the time period applies only to the first time; in case of a repeated offense, the ban on driving is 3 years. How to avoid deprivation of rights for alcohol in court is not precisely spelled out in the law, however, the notes of Article 12.8 of the Code of Administrative Offenses of the Russian Federation state: “... liability <...> occurs in the event of an established fact of use of substances that cause alcohol intoxication...”. This means that it is possible to protect yourself from punishment if you refute the fact confirming the specified violation.
Attention!
It is an administrative offense not only to drive a vehicle while intoxicated, but also to transfer control of the vehicle to a person who is intoxicated.
A traffic police officer does not have the authority to take away a driver’s license, since removal from driving a vehicle is carried out only by judicial procedure. The inspector may require documents to be submitted to the court.
Is it possible to avoid deprivation of rights?
Without legal assistance, it will not be possible to avoid deprivation of rights for alcohol intoxication, since, as already mentioned, the legislation does not have clear recommendations regarding this issue. A lawyer specializing in drunk driving cases knows quick and correct solutions. It is almost impossible for an incompetent person to independently understand the hidden implications of the law.
If the court has already made a decision to deprive a driver’s license due to alcohol intoxication, you can file an appeal.
On a note!
Court decisions of the first instance are subject to appeal only. The decision of the Court of Appeal is not disputed.
When it is impossible to avoid imprisonment for intoxication
It is impossible to prevent punishment if the offender fails to appear in court to appeal the charge of driving under the influence of alcohol. The decision to revoke a driver's license comes into force 10 days from the date of the verdict. The deadlines can be restored only if there is a good reason:
- disaster;
- unconscious state.
How to avoid deprivation of rights for alcohol intoxication?
Not everything is lost for you even if your license has already been revoked for intoxication. What to do? Contact a lawyer and challenge the court's decision. Our specialists will tell you how to return your license for alcohol.
Extensive experience in handling such cases, high qualifications of our employees, excellent knowledge of current legislation allow us to help even in the most seemingly hopeless situations.
You can get a free consultation right now using our toll-free phone number
8-800-100-98-02
The Right Action
It is necessary to behave in a conversation with a traffic police officer by adhering to the following recommendations:
- do not refuse to take an alcohol test. If the driver is truly intoxicated (even slightly), then you should not seek testing at a medical institution in order to avoid punishment (deprivation of rights or a fine). After a medical report, it is possible to register with a diagnosis of chronic alcoholism, but here there are more serious restrictions;
- Do not count on leniency from the state traffic inspector. A sincere confession of taking alcohol will only confirm the suspicions of a law enforcement official;
- carefully read each point of the compiled protocol. If the driver makes no comments, then this confirms the fact of his guilt, which is problematic to refute at a court hearing.
On a note!
The driver has the right to record a conversation with a law enforcement officer on camera.
Medical examination
Reasons for referral to a medical institution are required, namely:
- driver's refusal to take a breathalyzer on the road;
- the traffic inspector disagrees with the results of the alcohol test;
- the driver disagrees with the received data.
The traffic police officer undertakes to draw up a “protocol of referral for a medical examination.” At this moment, a video recording is made, and witnesses are also present. After drawing up the protocol, in accordance with clause 6.9 of Order No. 664, the inspector must personally take the offender to a medical examination, where a test for alcohol and drugs is carried out. A medical examination involves taking exhaled air (clause 231 of the same order). It is possible that urine and blood tests will be performed, which are placed in special flasks and sealed.
If the medical examination did not reveal the presence of artificial stimulants in the body, which is confirmed by the examination report, then the driver managed to avoid deprivation of his license without legal assistance. It is important to know that, based on clauses 233 and 240 of Order No. 664, the driver must be sent “... to the place of suspension from driving a vehicle or to the location of his vehicle...”.
Protocol on administrative violation
A protocol on removal from driving a vehicle is drawn up after a medical examination. It is important to double-check all data in the document for compliance:
- addresses where the offense was recorded;
- the vehicle driven by the driver;
- witnesses included in the protocol and other aspects.
What can you do before the court to protect yourself from deprivation?
After the traffic inspector has drawn up and sent the report to the court, which takes 15 days to review, then the date for the hearing is specified. If the offender has not received a summons to court, this does not mean that the meeting will not be held and the driver will not face deprivation of his license for alcohol intoxication. In order not to miss the deadlines for the trial, you must independently find out the date of the trial, otherwise it will become impossible to challenge the offense and avoid punishment. Information about lawsuits related to road accidents is posted on the website of the State Traffic Inspectorate, where you must enter data from your driver’s license.
What to ask the court for if a medical examination took place
- witness statements, if any;
- a copy of the medical institution’s license;
- a list of employees who are obliged to store containers with tests, as well as a petition to invite these persons to court;
- order of the head physician for permission to collect blood (if such a procedure was performed) by a health worker;
- admission of the physician who conducted the examination;
- documents on sealing flasks with urine and blood.
What to apply for if you were only tested for alcohol on the road
To prove your case and avoid punishment in the form of deprivation of your license due to driving while intoxicated, you should request permission to:
- obtaining testimony from witnesses from the driver's side;
- calling a traffic inspector who conducted a breathalyzer;
- calling witnesses who participated in the examination;
- attaching video recordings to materials if the driver filmed a conversation with traffic inspectors;
- documents for the device used to test alcohol concentration.
Revocation of a driver's license for drunkenness: how to get it back?
Of all the cases considered, deprivation of rights for drunkenness is the most common. Therefore, let’s consider an example of a lawyer’s assistance in case of such an offense.
Each case is very individual, both in terms of the consequences of the violation and the circumstances of what happened. We will provide a template case, but the nuances may vary quite a lot. Additionally, not all actions discussed are applicable or necessary in every option.
In the hands of a lawyer for the return of a driver’s license confiscated for alcohol intoxication, the following options are available:
- Inspection of the scene of the incident in order to identify previously unnoted facts.
- Careful study of documents. The main goal is to identify procedural violations (errors in the protocol, descriptions, evidence, behavior of law enforcement officers, etc.), allowing the case to be closed or taken in a different direction.
- Preparation of claims, statements, petitions, suits.
- Representation in court. Here we can talk about both the deprivation case itself and the replacement of punishment, its duration or cancellation.
- If necessary, challenging decisions, cassation measures.
Already from these methods it is clear that the lawyer can try to avoid the very fact of deprivation, but he can enter the process later, at the stage when the driver’s license has already been confiscated for drunkenness. Moreover, most cases can be resolved precisely with a thorough check of compliance with procedural norms.
Being left without rights is not the most pleasant thing in life. Especially if the income of a family or an individual depends on having a driver’s license. In most cases, a competent lawyer will help correct the situation, or at least accurately determine the prospects of the case. Is there any point in missing such a chance? In our opinion, a smart person will achieve his goal!
How to avoid being disqualified for drunkenness
Article 1.5 of the Code of Administrative Offenses provides for a number of aspects that constitute serious grounds for doubt regarding the reliability of the established fact of driving a vehicle under the influence of alcohol.
If the roadside inspection procedure itself is violated
It is quite possible to avoid deprivation of a driver’s license in court if:
- the disk with records of the fact from the inspection site is unreadable or lost by the patrol officers;
- signatures of witnesses in documents differ;
- the time of examination is not recorded or does not match in the protocols;
- incorrect sequence of examination;
- the alcohol concentration is not written in mg/l, but is presented in other values;
- incorrect interval between inhaled air samples (15 - 20 minutes), which does not correspond to the entries in the receipts.
Breathalyzer violations on the road
- lack of printed tester results;
- air temperature or weather conditions are unsuitable for testing with the device;
- Data about the driver and the device, as well as the time and date of the test, are not recorded. The instrument inspection date does not have to be hand-written;
- non-compliance of the device certificate with state standards No. 50444-92;
- lack of signature on the verification document;
- the breathalyzer is not registered as a medical device;
- the seal on the tester is broken or missing;
- time checks are no longer relevant;
- the analysis was carried out by a non-accredited organization.
Violations during medical examination
- the driver was sent to a medical facility without a preliminary breathalyzer test;
- after collecting exhaled air, no urine or blood analysis was carried out or, conversely, blood and urine were tested without collecting air;
- there is no doctor’s signature on the medical examination report;
- the laboratory has an expired or missing license;
- the test took place in a mobile laboratory;
- the doctor does not have a certificate of completion of training.
Assistance from a lawyer when depriving a driver's license
Legal assistance from a lawyer when depriving a driver’s license: undeniable advantages
In connection with safety problems on Russian roads, the government has adopted a number of laws providing for tougher penalties for violations of traffic rules while driving. Cases of deprivation of driver's licenses by traffic police officers have become more frequent recently.
The most common reasons leading to cruel punishment are: 1. driving into the oncoming lane; 2. leaving the scene of a traffic accident; 3. lack of state registration plates; 4. refusal of a medical examination for intoxication; 5. Drunk driving by a driver or other person to whom control has been transferred.
Legal protection is built in two directions: refutation of the fact of a violation; protection on formal grounds (correctness of the contract, etc.).
Stages of deprivation of a driver's license There are 4 stages necessary to deprive a driver of a vehicle of his rights: 1. drawing up by a traffic police officer of acts and documents on traffic violations; 2. transfer of all materials to the court and consideration by the magistrate of the case of deprivation of rights; 3. This is followed by transfer of the case to the court of second instance, if a complaint is filed against the decision of the court of first instance; 4. appealing the decision and making a decision on the case by the court of second instance.
Advantages of turning to a lawyer for help When turning to a competent lawyer, you can avoid many troubles and get clear advantages in the fight for the right to be a driver: you will be given the full opportunity to make the most of your rights (appointing examinations, calling witnesses); if there is evidence of guilt compiled in violation of the law, you will be able to return the documents for driving the transport; you will be able to use all methods to postpone and cancel the punishment; you will minimize the period of deprivation of rights if the decision is still made not in your favor.
What is needed to provide legal assistance To use the services of a specialist, you need to do the following: 1. contact the office of a firm providing legal assistance by phone and make an appointment; 2. bring all available protocols and materials to the consultation; 3. A Resolution will definitely be needed if the first trial has already taken place; 4. familiarize the lawyer with all the details of the case; 5. It is recommended to bring copies of other documents: explanations given by you, testimony of witnesses. If necessary, a specialist will review your case at the traffic police or in court.
Chances of returning a license To return a driver's license, in addition to the literacy and experience of a lawyer, the following circumstances are required: the presence of obvious procedural violations in the case (for example, the absence of the driver's signature in the document on the violation of traffic rules); absence of the fact of a violation. In other cases, it is possible to return a driver's license, but no guarantee can be provided. Only with the help of a qualified lawyer do you have the maximum chance of regaining your rights at any stage or minimizing the period of deprivation of documents.
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The sequence of your actions:
1 step. Dial the phone number in Samara +7 (846) 212-99-71 and get a free preliminary consultation on your issue. If a verbal consultation is not enough, sign up for a consultation in the office.
Step 2. Visit our office with all the documents on the case under consideration and get advice in the office.
Step 3. Conclude an agreement for the provision of legal protection, issue a power of attorney and await the result of the case.
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Can a lawyer help me?
Undoubtedly, a lawyer or other person acting as a defense lawyer in court will provide support. How high the likelihood of losing your license due to alcohol intoxication is depends on the specific situation. However, with competent legal support, the risks of being removed from driving are significantly reduced.
It is also recommended that you familiarize yourself with the table indicating the penalties:
| Name of the legislative act | Type of violation | Punishment |
| clause 3 art. 12.27 | Driving a vehicle under the influence of alcohol or drugs without consequences related to the Criminal Code. | Removal from management for 1.5 - 2 years. Fine – 30,000 rubles. |
| clause 1 art. 12.26 | Refusal of medical examination. | |
| clause 2 art. 12.8 | Transferring control of a vehicle to a person under the influence of alcohol. |
