What is the fine for a second violation under the Code of Administrative Offenses?
According to the provisions of the Code of Administrative Offences, it is considered that a citizen is in the status of having committed an administrative offense during the period of validity of the relevant resolution, as well as for another year after the end. Accordingly, if a person is caught for a similar act during this period, then this is considered a repeat violation . This is defined in Article 4.6 of the Code of Administrative Offenses of the Russian Federation.
If arrested, the person will be suspended from driving the car and given a fine. Further punishment is determined in accordance with the provisions of the Criminal Code of the Russian Federation.
Criminal liability for driving drunk twice
The measures provided for by the Criminal Code of the Russian Federation are applied to drivers who drove drunk twice in one year. This threatens him with the use of measures defined in Article 264.1 of the Criminal Code of the Russian Federation.
- Fine from 200 thousand to 300 thousand rubles. or equal to the salary received by a citizen for 1-2 years.
- Mandatory work lasting up to 480 hours.
- Forced work with a maximum period of 2 years.
- Serving a sentence of up to two years.
In addition, for up to 36 months , a citizen will be prohibited from working in certain positions or conducting certain activities.
The final penalty for repeat drunk driving may be limited to one or more penalties. Each case is individual and the court takes into account specific circumstances when considering the case.
More information about criminal penalties for drunk driving.
What happens if you are caught driving drunk a third time?
There is no separate article in the legislative acts that would indicate the measures applied to drivers for driving while drunk three times. Then you should use the norms of Article 32.7 of the Code of Administrative Offenses (clause 3), which states that in this case the period of withdrawal of rights is extended .
For example, when for the first time a license deprivation for alcohol was imposed for 2 years and at that time the driver was caught again for the same violation, then after 2 years and 1 day the second period of deprivation of the license will begin. If everything is repeated a third time, then the countdown of the next period of deprivation begins. The result may be a lifelong ban on driving, although there is no such measure in the legislative acts of the Russian Federation.
In addition to the confiscation of rights, for a “triple” violator the court usually imposes all or most of the prescribed measures.
What punishment awaits a driver for a third offense for drunkenness?
Deprivation of a driver's license for drinking alcohol while driving for the third time, unfortunately, cannot be called a unique case. And, although there is no separate interpretation in the legislation on this matter, it is worth considering this point in more detail.
It is important to know that Article 32.7 of the Code of Administrative Offenses regulates the procedure by which punishment is applied (deprivation of special rights) during the period of validity of the previously imposed punishment.
The meaning is this: deprivation of a driver's license for the third or fourth time comes into force on the 1st day after the completion of the previous sentence. Even if the law does not provide for lifelong deprivation of the driver’s right to drive a vehicle, the summary penalty may well turn out to be lifelong for a particular person.
In addition, such a driver is subject to all penalties that are legally provided for repeated violations. Most likely, the court, when considering such a case, will take into account all the facts and assign a punishment according to the upper limit.
Summarizing the above, we can confidently conclude that drinking alcohol while driving and exposing yourself, as a driver, to the risk of losing your license for drunkenness for the third time is highly undesirable.
Is it possible to challenge the repeated deprivation of rights for drunkenness?
Such a court decision can be challenged. To do this, you must file a claim in court, attaching documentary evidence of your innocence. One of the papers that will be required for such a process is a character reference for the guilty citizen. It is possible that the initial decision will be revised and the court will issue a different verdict: mitigation of sanctions or complete acquittal.
You can count on a reduction in the penalty for driving a car a second time while intoxicated only in the absence of serious consequences of the violation or in case of compensation for material damage.
How are the terms of imprisonment calculated if you are caught driving drunk again?
The method of calculating the period of deprivation of rights depends on what kind of punishment was determined in relation to the culprit.
If this is an administrative measure, then the first day will be the date on which the decision came into force. The period of revocation of rights for a second violation begins after the end of the first period.
For example, the rights were taken away on April 5, 2021 for 2 years. Then the last day of this period is April 4, 2021. Consequently, the countdown of the next period begins from 04/05/2019. The period of the driving ban is determined in the same way when committing the following similar violations. In other words, the deadlines add up.
The period of withdrawal of rights is determined differently if the perpetrator is sentenced to imprisonment. Based on Article 36 of the Penal Code of the Russian Federation, if a person is deprived of the right to engage in certain types of activities (in our case, driving a car), then this will be an additional measure. Therefore, its term is determined from the moment the period of the main punishment ends, i.e. imprisonment. Consequently, after release, the countdown of the period of withdrawal of rights will begin. In part 1 of Art. 36 of the Penal Code states that the period of punishment does not include the time when the convicted person was prohibited from engaging in any activity.
For repeated cases of non-compliance with traffic rules, the deadlines are as stated above.
Exactly the same method of determining the first day of deprivation of rights is used in the case of assignment of forced or compulsory work.
What penalties are provided?
The length of revocation of a driver's license depends on the severity of the offense. As a rule, it is 2 times higher than the similar punishment for the initial seizure of a military device:
- If the speed was repeatedly exceeded, the rules of oncoming traffic were violated, or a railway train was crossed incorrectly, then the license is taken away for a period of 1 year (for a primary violation - 6 months).
- Driving into the oncoming lane involves the withdrawal of rights for the same period as in the case of the primary violation.
There are no fines directly for the fact of repeated deprivation of a driver’s license. This is considered as aggravating in detail when determining the type of punishment for the main offense committed. In addition, part 2 of Art. 32.7 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of a deprived driver for driving a car.
For an offense committed, the court may impose a fine of 30,000 rubles, as well as 15 days of administrative arrest.
Let's look at an example . If a driver who has been deprived of a driving license exceeds the speed limit by more than 80 km/h, the court will deprive him of the right to drive a car for up to 6 months. When making such a decision, the judge is guided by Part 5 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation for speeding. In addition, an additional fine of 30,000 rubles will be imposed under Part 2 of Art. 12.7 Code of Administrative Offenses of the Russian Federation.
If the driver got behind the wheel not in a sober state, and he had previously been deprived of his driving license for an offense not related to driving while intoxicated, then he will be subject to administrative arrest, in accordance with Part 3 of Art. 12.8 Code of Administrative Offenses of the Russian Federation. The period of arrest is 15 days.
A fine of 30,000 rubles may also be imposed. It is used only if arrest cannot be applied (pregnant women, disabled people of the 1st and 2nd groups, military personnel).
You will find more information about what punishment is imposed on drivers - a fine, deprivation of a license, or something else, as well as who makes this decision and how, in a separate material.
For drunk driving
If a person was driving while drunk and this was the second time in a year, then this is a repeat offense. Drunk driving is a criminal offense. The following punishment is provided:
- deprivation of driver's license for 3 years;
- fine 300,000 rubles;
- imprisonment for 2 years.
Note! If a driver's license for driving while intoxicated was confiscated for the 3rd time, then such a violation may be fraught with the removal of the offender from his position. This applies to the category of citizens who work in government agencies.
The employer has the right to doubt the competence and level of responsibility of an official and even decide to fire him.
Penalties for repeated drunk driving:
Prosecution for repeated drunk driving
This process consists of several stages.
- It begins with the identification of a violation by a traffic police inspector. This fact is recorded in the documents. Based on these papers, the driver is suspended from driving and sent for a medical examination. If necessary, they may prescribe tests and check-ups at a medical facility.
- Then the materials are transferred to the traffic police. There they are checked for mistakes made by employees of this organization. When the documents contain gross violations, the proceedings are terminated.
- If the traffic police determines that a repeated violation has been committed, an employee of this organization draws up a report on the termination of administrative prosecution. This situation requires a criminal investigation.
- Within three days from the date of drawing up the report, a decision is made to initiate criminal proceedings against the perpetrator. The fact of a violation is recorded in a special accounting book.
- In controversial situations Art. 223.2 of the Code of Criminal Procedure of the Russian Federation allows for an inquiry. This stage usually lasts one month, but in particularly difficult situations it can be extended to two months.
- At the end of the above steps, the driver is informed of the suspicion. The features of his new status and his legal status are explained to him. At this stage, the offender can come clean.
- The next step is filing an indictment. It is necessary to familiarize the accused with this document. Then the act is sent to the prosecutor's office.
- The prosecutor approves the act. Two days are given for this, after which the case is sent to court.
As you can see, the procedure consists of a fairly large number of stages. But in practice, such cases pass quickly, since most drivers admit their violation. Then the inquiry is carried out in an abbreviated form.
If a driver is caught driving drunk not for the first time, then, just as during the first arrest, he will be deprived of his license. But then this will not be the main, but an additional measure. The punishment itself will be much more severe. A driver who continues to “take it on his chest” before getting behind the wheel is fined larger sums. The court can also deprive a citizen of his freedom or assign him work (of a forced or compulsory nature). Then the period of withdrawal of rights will begin only after release or completion of the period of work. And a “repeated” violator will be prohibited from conducting certain activities or holding certain positions.
Three years for relapse
Currently, drunk driving is punishable by deprivation of a driver’s license for 1.5 to 3 years and an administrative fine in the amount of 30 thousand rubles, and in case of repeated offense the driver faces a real prison term (up to two years in prison) or a fine of 200-300 thousand rubles under a criminal article.
The project concerns those who served a sentence for a “drunk” accident and again got behind the wheel while drunk, explained State Duma Chairman Vyacheslav Volodin. “These steps will reduce road accidents and the number of victims caused by a drunk driver,” the speaker believes. “In order to prevent such drivers from driving, we are increasing fines to 500 thousand rubles and criminal liability to three years.”
According to the new bill, instead of a fine, they may require the violator’s salary or income for a period of up to three years, and now it is income for two years. They also want to add correctional labor to the list of punishments for drunk drivers. But compulsory work will no longer be assigned.
The authors of the initiative note in the explanatory note that the current sanctions are not effective enough - this is evidenced by the increase in recidivism in cases where people repeatedly drive drunk. “In 2021, the share of people who committed such a crime again was 20 percent, while in 2018 it was 10 percent,” Alexander Sinenko, Plenipotentiary Representative of the Cabinet of Ministers in the State Duma, told deputies. He clarified that the project is aimed at implementing the presidential decree of May 7, 2021, which states the need to strengthen responsibility for violations of traffic rules.
Answering the question why “the punishment is so small,” Sinenko noted that the bill deals with those who previously committed an accident without serious consequences or death. For the latter, he recalled, the term of imprisonment had previously been increased - up to 15 years.
For most violators, increased fines will be a significant blow to their income, and for some, such a fine will be equivalent to the cost of the car
Moreover, if more than three years of imprisonment are introduced for repeat drivers, such a step, according to him, will increase the risks of corruption. “And after this comes bitterness in society, because the principle of proportionality will not be observed,” Sinenko emphasized. “We think three years is fair.”
The project was supported by representatives of different factions. Deputy from the United Russia party Vladimir Sinyagovsky noted that in some Russian regions there is a fourfold increase in recidivism. “Of course, we cannot allow the lives and health of Russians to be exposed to such significant risks,” he said.
The leader of the A Just Russia faction, Sergei Mironov, noted that for most violators, tougher fines would be a significant blow to their income, and for some, such a fine would be equivalent to the cost of a car. “We can say this is analogous to the confiscation of a source of increased danger,” says the parliamentarian. “And those who are especially stubborn will be isolated from society: there will be time to think about their lives and change their approach to drinking and driving.”
The representative of the Cabinet of Ministers, in addition, agreed with the interlocutors that it is impossible to limit ourselves only to issues of criminal liability when fighting drunk driving. “It is necessary to create total intolerance towards this phenomenon in society,” Sinenko said. — I remember Soviet posters “Drunk driving is a criminal.” Instead of the numerous advertisements that we now see, every third poster should be about this.” And this is only one of the proposals that must be implemented, he believes.
