How to get your license back after being deprived of alcohol in 2021?

The procedure for obtaining rights after deprivation

The procedure for returning the driver's license upon expiration of the punishment period occurs in several stages. Initially, the driver must collect all the necessary papers and submit them to the relevant authorities. After this, he will be assigned a second exam at a driving school, based on the results of which the traffic police officers will make a verdict: to give the person his certificate or not.

If there are no problems with knowledge of traffic rules, then the driver will be able to receive his license after deprivation only a few days after paying the single state fee. At the same time, he will additionally be assigned a mandatory medical examination, where the doctor can decide to register the citizen with drug treatment (in the event of revocation of his license for driving while intoxicated). Such a note on the certificate will significantly complicate the procedure for returning the driver's license.

Where to contact

Rights should be taken away at the end of the period of deprivation at the traffic police department to which they were sent by court decision. To do this, the driver just needs to write a corresponding application and attach a package of prepared documents to it. But you need to go for your crust strictly after:

Repeated passing of the theoretical exam at a driving school (for pedestrians who have lost their driving license as a result of a serious violation, special tickets are issued that do not contain questions on medical, psychological and legal topics);
Passing a medical examination (the list of doctors remains the same as during the initial driving test).

In other cases, traffic police officers will have every right to refuse a citizen’s application.

At the same time, if a person has moved to another city or region, and he is physically unable to pick up his document at the established office, he can contact the local traffic police department with a written request to forward the document. On average, this process takes about one week. Depending on the distance between government agencies, this period may significantly increase or decrease.

Required documents

When the driver goes through all the necessary authorities (driving school and hospital), he only has one step left before his license is restored after deprivation: submit a package of documents for consideration by the traffic police. This list includes the following:

An application drawn up in accordance with a single form (in addition to the offender’s full name, it also indicates his passport details, including his place of registration);
Conclusion of a full medical examination (you can find out the list of doctors for examination at the reception desk);
A copy of the court decision, which indicates information about the timing and reason for deprivation of the driver's license;
Protocol on the voluntary transfer of a driver’s license to traffic police officers (drawn up at the scene of the violation);
Receipt of payment of the mandatory duty;
Checks evidencing coverage of fines (if the driver was deprived of his license as a result of evading the payment of alimony, a certificate of repayment of the mentioned debt is added to the listed list of documents);
A copy of the applicant's passport (only the front side with the photo and the registration page are required).

This list of documents is approved by the law of the Russian Federation, and government officials have no right to demand more from a citizen. Otherwise, a complaint can be filed against them.

Exam on traffic rules theory

Restoration of rights after deprivation occurs with a second retake of the theory. But such a test will differ significantly from the primary exam. And this will be expressed in the following factors:

No mandatory fees;
Method of registering the result (according to the rules, if a driver passes the test for the first time, he is given a special certificate. But in cases of retaking after deprivation of his license, the fact of re-passing the traffic rules theory is directly entered into the electronic MREO database);
Reduced period between passing exams (if a citizen fails the test, he will be able to try again after a week, and not after 14 days, as happens with the initial test).

In this case, the theory can be retaken after half the sentence has expired. Most drivers go through this procedure at the same time as submitting an application for reinstatement of their driving license.

Medical commission

Another mandatory document used to restore rights after deprivation is a medical certificate, which can be obtained at any clinic. To do this, just take your passport with you and ask for the appropriate direction at the reception. From the entire list of doctors, the driver will only need to go through:

Narcologist (it is especially important for drivers caught driving while intoxicated to have his signature);
Psychiatrist (required in cases where a motorist has lost his driving license as a result of driving under the influence of drugs, and is currently registered);
Ophthalmologist;
A therapist (by his decision, the offender may be sent for additional tests and examinations).

If the listed specialists do not find any deviations, the citizen will be issued a new medical certificate, which must be attached to the prepared package of documents.

Payment of fines

According to the legislation of the Russian Federation, the return of rights after deprivation should occur only if the violator pays all administrative fines imposed on him from the period of receiving the driver's license. But in fact, the inspector is obliged to return the driver’s license, even if there is no information about payment of fines in the database. True, for this, a person must provide the appropriate receipts, which can be obtained from a bank or printed at home (in the case of payment online, through the government services portal).

When will it be possible?

To answer this question, let’s look at the current Administrative Code. It contains 2 articles on our topic of discussion:

paragraph 4 of part 1 of Article 24.5 indicates that the proceedings are subject to termination if an act of amnesty is issued for this punishment; but this is about the proceedings - this norm does not apply to drivers who have been deprived of their rights, because the proceedings against them have been terminated and a decision has been made to deprive them of their rights and the period of execution of the punishment has begun;
but paragraph 1 of Article 31.7 of the Code prescribes that execution must be stopped if an amnesty for this punishment has appeared.

Thus, in the second case, it is possible to return rights after deprivation ahead of schedule under an amnesty, because Article 31.7 refers to the termination of the execution of punishment.

Was there and will there be an amnesty?

Will not be. Never since the formation of the Russian Federation as a state and the advent of the Administrative Code in its current guise has not a single act of amnesty been issued for administrative penalties - both deprivation of rights and fines, administrative arrests, expulsions and other types of sanctions. Only parole for criminally convicted persons is periodically introduced.

Contrary to popular myths, Putin also did not issue amnesties in 2021 or in 2021.

But there were attempts

Meanwhile, this topic is regularly raised by legislators, although it has never yet entered into legal force.

In 2015, on the significant date of the 70th anniversary of Victory in the Second World War, there was an attempt to introduce the possibility of returning rights earlier than the expiration date, which was not successful for the initiators - the President did not approve the act.
Then, in 2021, deputies proposed “parole” for those deprived of their rights, timed to coincide with the centenary of the 1917 Revolution - and again they faced a fiasco.

The most recent initiative took place on July 25, 2021, when deputies proposed amnesty for those deprived of their rights under 3 articles of the Administrative Code:

12.8 for alcohol or drug intoxication,
12.26 for refusal of medical examination,
12.27 for drinking alcohol immediately after being stopped by an inspector or after an accident and before the arrival of traffic police officers.

But this initiative was not crowned with success - the draft law was very quickly rejected.

Early recovery

Many motorists are wondering whether it is possible to take back their license after deprivation before the full expiration of the sentence? The answer to this will be unequivocal: it will not be possible to return your driver’s license ahead of schedule for the following reasons:

If the court has already decided to confiscate a driver’s license from a citizen (for a serious accident or for drunk driving), then it is not possible to stop this mechanism, since according to the law of the Russian Federation, judicial authorities do not have the right to cancel their own decisions;
Traffic police inspectors will not, under any pretext, give the violator his ticket until the period of his punishment ends. Otherwise, for the early return of documents, contrary to a court decision, traffic police officers may receive a sentence of imprisonment.

We can conclude that the procedure for restoring rights after deprivation is not so complicated. The main thing is to know who to contact and what papers to prepare in advance. And after what time you can submit an application to the traffic police, the judicial authority determines. And no one can influence this decision.

How to increase your chances of getting your driver's license returned early?

In the event that a traffic police inspector draws up a report and the case is taken to court, it is important to behave correctly. Here are some tips to increase your likelihood of avoiding a driver's license revocation or reducing the terms of such a deprivation:

behave correctly , do not be rude and try to antagonize the inspector;
do not refuse medical examination - it is in your interests;
do not sign any documents without carefully reading their contents;
do not hint at the possibility of “ agreeing” - this gives the inspector another reason to believe that your guilt is irrefutable, and, in addition, this is also a violation of the law;
study the traffic rules and the Administrative Code - if you know that for a given offense, in addition to deprivation of rights, an alternative method of punishment is possible - find out from the inspector why he sees no reason to apply it, while being extremely polite and demonstrating remorse;
if you committed an offense for objective reasons, collect evidence using the camera in your smartphone and take contacts of witnesses while the inspector fills out the report;
indicate in the protocol your disagreement with the accusation ;
save the inspector's personal data;
save the DVR recording and do not transfer its original to the traffic police;
record the quality of road markings and road signs in the photo;
if visibility was difficult due to weather conditions, try to capture it on camera;
even before the case comes to court on the same day, you can file a complaint against the actions of the inspector addressed to the head of the department of the district in which you were stopped.

If the complaint does not produce results, urgently look for a competent lawyer who will assist in obtaining a driver’s license if revoked.

Help from a lawyer in getting your driver's license back

As you can see, it is not always easy to get your rights back on your own. Without knowing some of the nuances, you can go through the authorities for a very long time, trying to return the treasured document. Therefore, assistance in getting your driver’s license back will come in handy.

You can contact our lawyers. They have extensive experience not only in returning your rights upon completion of the period of deprivation, but will also help you challenge an unfair decision against you and make an early return.

How to return your rights early in 2021

Now let's consider questions related to the procedure for returning a driver's license in 2021!

Is it possible to return the rights early?

No.

The period of deprivation of license has come to an end, but the driver has not paid the fine and has not taken away the license - is it possible to drive and what is the fine?

Driving without a license is prohibited. The violation is provided for in Part 2 of Article 12.3 of the Administrative Code and is 500 rubles. During an inspection, a traffic police inspector may charge you under Part 1 of Article 12.7 of the Code of Administrative Offenses for driving without the right to drive with a fine of 5-15 thousand. The right to drive is confirmed by a license that the driver does not have. However, even without the possibility of confirming the right to control, it does not go away, since the period of deprivation has ended, and the condition for returning the document is a condition for returning the paper , not the right to control.

Does the fine expire if you don’t pay it, and do you need to pay it to get your license back?

Yes, the fine may be lost. By law, the statute of limitations is 2 years. But, the condition for the return of rights in the event of their deprivation is payment of all traffic police fines, regardless of their statute of limitations.

Will my driver's license be returned on the day of application?

Yes, the certificate is returned immediately if all of the above return conditions are met.

Do I need to go to another city to get my license if it is located there?

No. You can write an application to forward the certificate to a specific traffic police department. But shipping will take about 30 days (excluding postal times). But you will need to take the exam at the place where they are stored.

When do you need to bring a medical certificate?

A medical certificate is subject to the condition of return. It is not needed to pass the exam. But traffic police officers accepting applications for retake ask to provide a certificate.

Do you need a certificate from a driving school?

No. A certificate of completion of a driving school is not required.

Do I need to pay all the fines to be allowed to retake the test?

No. As well as obtaining a medical certificate.

Not all fields are filled in

The return of a driver's license after deprivation for drunkenness in 2021 was carried out after writing an application. The application must be completed 30 days before the driver’s license is returned.

The document must be submitted to the same traffic police department where the license was surrendered. In addition, you must indicate to which region the driver's license should be sent.

If the license was withdrawn due to drunkenness, in order to restore the documentation, the person will have to confirm knowledge of traffic rules. Such requirements are imposed on an unscrupulous citizen by current laws.

If a person is thinking about how to get a license after being deprived of it early for drunkenness , he needs to turn to the Code of Administrative Offenses of the Russian Federation. According to the rules enshrined in the collection of normative legal acts, only those persons who have demonstrated exemplary behavior can return rights after deprivation ahead of schedule.

The current legislation does not establish a clear list of standards under the concept of “exemplary behavior”.

A person who has proven that he has taken the path of correction can apply for the return of his rights before the deadline.