A repeat offense is an administrative offense related to a specific violation of the Traffic Rules, which is committed by the driver twice in one calendar year (12 months). In order for an offense to be qualified as a repeat offense, it must be similar (homogeneous, identical) to a previous violation for which the driver was already deprived of his license (Article 4.6 of the Code of Administrative Offenses of the Russian Federation). In case of confiscation of the driver's license, the violation of traffic rules that occurred within one year after the expiration of the previous deprivation will be repeated.
For repeated violations of traffic rules (relapses), drivers will face a more severe punishment than in the usual case. For example, for repeated driving while intoxicated, the driver will face criminal penalties. This could be a regular fine of 200-300 thousand rubles, or imprisonment for up to 2 years.
What fine is issued for violating traffic rules for the second time?
In accordance with paragraph 2 of Art. 4.3 of the Code of Administrative Offenses of the Russian Federation, repeated commission of an administrative offense is considered an aggravating circumstance. In this regard, he is punished more severely - with increased fines, repeated deprivation of driver's license and other penalties. The consequences of repeated violation of a specific provision of the Traffic Rules are discussed in many articles of the Code of Administrative Offenses of the Russian Federation.
For example, let's look at clause 3 of Art. 12.12 of the Code of Administrative Offenses of the Russian Federation, which indicates the extent of liability for driving through a red traffic light:
Repeated commission of an administrative offense provided for in Part 1 of this article shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.
A driver who commits a repeated offense involving the deprivation of a license, namely driving while intoxicated, will face a much more serious punishment. What are the dangers of such a love of drunk driving? To do this, let us turn to Article 261.1 of the Criminal Code of the Russian Federation, which provides for punishment for violation of traffic rules by a person who has already been subjected to administrative punishment for a similar offense.
A car owner who is repeatedly caught driving a vehicle while intoxicated (including if he refuses to undergo a medical examination to determine the degree of intoxication at the request of traffic police inspectors) will face the following penalties:
- a fine in the amount of 200 to 300 thousand rubles (or the income of the convicted person from 1 to 2 years);
- compulsory work for up to 480 hours;
- forced (public) labor for up to 2 years;
- imprisonment up to 2 years.
To each of the above types of punishments, deprivation of the right to engage in certain activities or hold certain positions for a period of up to 3 years will be added. In our case, we will usually only talk about deprivation of a driver's license for a similar period. But a more severe punishment in the form of a ban on working in a certain profession is also possible.
Let us answer the question, how much is the fine for confiscating a driving license for the second time? From 200 to 300 thousand rubles or more (or less), if the guilty driver, for example, has an annual income that is incommensurate with the indicated amounts. Both to a lesser and to a greater extent.
What to do if you are stopped for the second time for drunk driving
Repeated drunk driving carries harsher penalties. Therefore, the main task of an offender who finds himself in such a situation is to think about the correct line of defense in a lawsuit. It is important to thoroughly study all the evidence prepared by the traffic police. You must read carefully:
- protocol on the suspension of the offender from driving;
- an act confirming that the driver was drunk while driving, research materials;
- paper about administrative violation.
A violator who is repeatedly caught driving drunk can review a copy of the traffic police officer’s report and witness testimony. Documents are valid if they bear the signatures of the inspector and the driver.
Liability of a drunk driver for a first offense
We have already figured out what the consequences for road users are for repeated driving while intoxicated. Now let's say a few words about committing such an offense for the first time. In 2021, issues of punishment for driving while intoxicated are set out in several articles of the Code of Administrative Offences.
In most cases, drivers face a fine of 30 thousand rubles and deprivation of rights for a period of 1.5 to 2 years (if drunk driving does not lead to consequences that are punishable under the Criminal Code). This applies to the following cases:
- the driver was caught for this violation of the Rules for the first time;
- the driver refused to undergo a medical examination for alcohol intoxication;
- the owner of the vehicle has transferred the right to drive a car to a person under the influence of alcohol;
- A moped driver was caught drunk.
In the case where the driver not only drove a car while drunk, but was also previously deprived of his license (and this period of deprivation has not yet expired), albeit under a different article, then he will face administrative arrest for a period of 10 to 15 days.
If the arrest is not applicable to the driver for any reason, then instead he will have to pay a fine of 30 thousand rubles. The same measure of responsibility awaits a driver who drove a car without a license and refused to undergo a medical examination.
Repeated revocation of license for drunk driving - punishment
As was written earlier, the consequences of the offense will be truly serious. The authorities hope that at least this future punishment will make drivers think about their actions. Impaired driving claims millions of lives every year, including not only ordinary citizens, but also the drivers themselves.
Therefore, it was decided to make some amendments to the law from July 1, 2015. From now on, all drivers caught drunk for the second time will be prosecuted. This implies a monetary penalty of up to three hundred thousand rubles, imprisonment for up to two years, and loss of driving documents for 3 years. An option with public and forced labor is also possible.
Violation for a similar offense occurred for the third time
Cases when traffic police officers catch drivers violating similar traffic rules for the third or even fourth time are not uncommon. And although there is no separate article in the law that would prescribe liability for such offenses, there is an interesting clause 3 in Article 32.7 of the Code of Administrative Offenses of the Russian Federation. It talks about punishment in the form of a ban on the use of a special right during a period when the previous punishment has not yet expired:
The period of deprivation of a special right in the event of an administrative penalty in the form of deprivation of the same special right being imposed on a person deprived of a special right begins on the day following the day of expiration of the term of the administrative penalty applied earlier.
In simple words, the punishment in the form of withdrawal of rights for the third, fourth and subsequent times occurs only after the previous period of deprivation has expired. In fact, a person can lose the right to drive a car for life if he commits offenses that require such a penalty many times in a row. That is, the period of deprivation of rights will add up many times, thereby amounting to dozens of years.
But in addition to increasing the term of imprisonment, the driver also faces major liability in the form of fines or other, more severe penalties. A judge will almost certainly apply the harshest penalties to an inveterate repeat offender, including correctional labor or imprisonment.
Punishment for a drunk who gets behind the wheel for the third time
Despite the tightening of punitive measures for drunk driving, some continue to violate traffic rules and get behind the wheel for the third time. There is no separate article in the legislation for such a case. But there is Art. 32.7 in the Code of Administrative Offences, which regulates the procedure for applying punishment during the period when the previous one is in force. According to paragraph 3 of this article, if rights are deprived for the third time, a subsequent similar sanction will come into force the next day after the completion of the previously assigned one.
In addition, for a person who gets behind the wheel drunk for the third time, all penalties provided for repeated violations are established.
When considering the case, the judge will take into account all the points, and punitive measures will be assigned to the maximum limit.
Return of driver's license
If the license is re-deprived and the period for its withdrawal expires, the driver can return his driving license only after passing a theoretical exam on knowledge of traffic rules. This measure was applied to violators back in 2013 and continues to apply to this day. It is not necessary to wait until the established period of deprivation has completely expired; you can pass your license after half the term has expired.
If it was not possible to pass your license in advance, then this must be done no later than 2 weeks before the expiration of the deprivation period.
To successfully pass the exam on knowledge of the Rules of the Road, you must correctly answer the exam card, which contains 20 questions. You are allowed to make a maximum of 2 mistakes. But even if there are more mistakes, then in a week you will have the opportunity to take the exam again. The number of attempts to pass the exam to obtain a license is not limited by law. In addition, this procedure is completely free.
You can pass the exam and obtain a license even after the period of deprivation of rights has passed. The driving license will be stored in the traffic police department after the expiration of the deprivation period for another 3 years.
When is deprivation of rights considered repeated?
When an officer detains a driver for any reason, he first establishes the identity of the driver of the vehicle and, through the duty station, determines whether he has previously committed offenses.
According to Article 4.6 of the Code of Administrative Offenses of the Russian Federation, if the driver was previously punished for an offense, then after paying all fines and from the moment the period of deprivation of driving license ends, he is subject to punishment for another 1 year. If during this period the driver is caught a second time, the punishment will be applied as for a secondary offense. After a whole year, for such an offense, the driver will be punished as if committed for the first time.
Repeated deprivation of rights for refusal of medical examination
As you know, refusal of a medical examination threatens with punishment, let alone a repeated refusal. Moreover, the punishment has now been toughened and criminal liability has been introduced under Article 264.1 of the Criminal Code of the Russian Federation.
Refusal to undergo a medical examination is equivalent to admitting oneself to be drunk, even if this is not the case. Therefore, it is better to spend your time and have an examination at a medical institution than to later lose your rights for a long time and pay a fine.
It is worth remembering that a discount when paying a fine for refusing an inspection is not expected, as is the case with other penalties, where you can get a discount in the amount of half the fine if you pay within 20 days.
Most often, it is impossible to prove your innocence on your own. Therefore, it is worth contacting an experienced auto lawyer who can come to the aid of his client in a timely manner.
What evidence can the traffic police provide?
The traffic police officer must prove driving while intoxicated. The suspect must undergo examination. There are two ways:
- First: the traffic police officer determines that the driver is drunk using a breathalyzer. In this case, the presence of 2 witnesses is required. The procedure is carried out at the place where the car is stopped.
- Second: the fact that the second time the driver is drunk while driving (as with the first violation) must be confirmed as a result of a medical examination.
In both the first and second cases, an act is drawn up.
Is it possible to challenge
A person who gets behind the wheel drunk must understand how to protect himself. If the examination was carried out by a traffic police officer, he could have committed violations during the procedure and drawing up the report. If they are identified, this will help when considering the case in court. You should pay attention to the following violations:
- When the act was drawn up, there was only 1 witness present or there were none at all.
- When driving drunk again, there were no witnesses nearby to test the suspect for the presence of alcohol in his blood.
- The document is missing one of the signatures: the inspector, witnesses, the person accused of drunk driving.
- The witnesses signed on blank forms.
If witnesses were not present during the procedure, they should be summoned to the court. Ignorance of the details of the circumstances of the case by these people will strengthen the position of the defendant. If it can be proven that the protocols were written in violation of legal requirements, the accused has the opportunity to petition to exclude this evidence from the case. It is important to check whether the breathalyzer meets the established standards: whether it has passed mandatory certification and verification.
