The legislator prohibits citizens from driving vehicles if they have previously consumed alcohol. For such actions, a fine and confiscation of the certificate are provided. If a citizen is drunk and driving without a license, the punishment will be more severe.
Let's figure out what the driver will be fined for in this case, and whether it is possible to somehow avoid punishment.
Legislative norms
The ban on driving while intoxicated is established at the legislative level. For violating this rule, the driver will be deprived of his license and will also be fined. Repeated violation leads to a significant increase in the amount of the fine.
Even sober citizens are prohibited from using transport without a license. If the driver simply forgot the paper at home, he will be fined five hundred rubles.
The complete absence of this document (that is, it was selected or not completed at all) entails a fine (from 5,000 to 30,000 rubles).
The situation is aggravated if both factors are combined, that is, if the driver does not have a license and is intoxicated. In order to understand what the penalties for such actions are, you need to pay attention to two regulations:
- Code of Administrative Offenses of the Russian Federation.
- Criminal Code of the Russian Federation.
The third part of Article 12.8 of the Code of Administrative Offenses establishes the penalty for the first use of a car without a license after drinking alcohol. The fourth part of the same article contains a description of the punishment for a violation committed a second time.
Important! Second paragraph of Art. 12.8 also establishes the liability of a citizen who handed over his vehicle to a driver who drank alcohol before he began driving the vehicle.
For driving without a license while intoxicated, the offender can also be prosecuted. Article number 264.1 of the Criminal Code states that if a caught driver has already been caught in a similar violation, he may be subject to a fine, and in some cases, imprisonment.
It should be taken into account that in addition to the fine, the driver will have a criminal record, which can negatively affect the future life of the citizen (for example, a criminal record does not allow him to hold certain positions).
Definition of intoxication
After stopping, a traffic police officer can conduct an examination. This procedure is carried out if there are grounds to suspect that the driver is drunk (change in skin tone, slurred speech, smell).
On-site examination is carried out using a breathalyzer.
If a citizen refuses to accept the results or undergo the procedure, he will be sent for a medical examination.
It is carried out by specialists in medical institutions. In addition to a breathalyzer, urine and blood tests may also be used.
Driver's responsibility for driving while intoxicated
Driving while drunk means deliberately violating the laws of the Russian Federation. Even one glass of dry wine or champagne puts an end to driving for several hours, and drinking stronger drinks can even delay the trip for 1-2 days.
According to Russian legislation, a driver who drives a car while intoxicated is subject to:
- Administrative liability if the violator was caught for the first time, and his actions did not result in physical harm to other persons or their death. Article 12.8 of the Code of Administrative Offenses of the Russian Federation.
- Criminal punishment in case of secondary detention during the period until the limit of the initially applied liability has been completely exhausted, or when the unlawful actions of a drunk person led to injury or death of other persons. Article 264 of the Criminal Code of the Russian Federation.
Such strict measures did not always work. Over the past 5 years, significant amendments have been made to legislation in several stages to tighten penalties for drunk driving.
Fine
For violators, a fine is not the main type of punishment, but it is almost always combined with other administrative or criminal sanctions. In accordance with Article 12.8 of the Code of Administrative Offenses of the Russian Federation, drunk drivers are required to pay 30,000 rubles if:
- were first noticed driving while intoxicated;
- transferred control to another person who was intoxicated;
- did not have a driver's license.
Article 264.1 of the Criminal Code of the Russian Federation provides for a fine in the amount of 200,000 – 300,000 rubles or 1-2 years’ wages, in such cases:
- The offender is subject to administrative penalties for drunk driving.
- Refusal to undergo a medical examination.
In addition to monetary compensation, the perpetrator under a criminal article may lose the right to hold certain positions or conduct certain activities for up to three years.
Deprivation of rights
When driving while intoxicated, it is worth remembering that this act will limit access to driving in the coming years. Regardless of whether the driver was simply stopped on the road while drunk, he committed a minor accident or participated in a serious collision of two or more cars, he maimed people or hit someone to death, he will definitely be deprived of his driver's license.
According to the laws of the Russian Federation, the minimum period of deprivation of rights is 1.5 years, and the maximum is 2 years. What specific period will be established in a particular case depends on the severity of the offense. The period is counted from the moment when the court decision came into force (Part 1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation). Immediately after the order is announced, the driver is obliged to hand over the license to the traffic police for safekeeping.
If the offender does not give up the rights, the period of deprivation increases. In fact, it begins to count only from the date of voluntary surrender of the license to the traffic police. In accordance with Part 2 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation, refusal to hand over a document entails additional punishment in the form of:
- a fine of 30,000 rubles;
- or administrative arrest for up to 15 days;
- or compulsory work 100-200 hours.
Deprivation of rights entails a number of additional issues. After the expiration of the established period, the person will have to:
- Go through a medical examination again, which includes a visit to a psychiatrist and narcologist.
- Pass theoretical driving license exams.
- Receive a certificate from the traffic police after presenting all the required documents.
It will not be possible to obtain a certificate if a citizen has unpaid fines for violating traffic rules.
Administrative responsibility
Application of administrative liability is possible only if the violation is recorded for the first time and does not result in injuries to traffic participants or their death. Article 12.8 of the Code of Administrative Offenses of the Russian Federation provides for the following penalties:
- fine 30,000 rubles;
- deprivation of rights for 1.5-2 years.
The same penalties will be applied to car owners who allow another person who is drunk to get behind the wheel. Administrative punishment in the specified amounts also applies to those who refuse to undergo a medical examination, even if they are truly sober.
A driver who drank an alcoholic drink after being stopped by a traffic police inspector or before the end of the initial proceedings in a traffic accident is subject to the above administrative punishment.
Criminal liability
Persons who were subjected to administrative punishment under Article 12.8 of the Code of Administrative Offenses of the Russian Federation, and were again found driving while drunk, are prosecuted under Article 264.1 of the Criminal Code of the Russian Federation. For driving while intoxicated and evading a medical examination, they are sentenced to a fine of 200,000 - 300,000 rubles or one of the following penalties:
- Compulsory work for up to 480 hours with deprivation of the right to hold certain positions or conduct certain activities.
- Forced labor for up to 2 years.
- Imprisonment for up to 2 years.
Regardless of the type of liability awarded, the perpetrator is deprived of the right to hold certain positions and conduct certain types of activities for up to 3 years.
If one or more people were injured in an accident, then Article 264 of the Criminal Code of the Russian Federation applies. According to it, a drunkard awaits:
- imprisonment for 5-7 years or 5 years of forced labor if one or more people received serious harm to health;
- from 5 to 12 years of imprisonment for the death of one person;
- from 8 to 15 years, if two or more people died.
More precise terms of criminal liability are determined in court.
What will the driver be punished for?
To find out what exactly the punishment will be imposed for, you need to refer to Art. 12.8 Code of Administrative Offences. The third part of this document states that a fine will be issued not only for the fact of driving while intoxicated, but also for the fact that the citizen uses a car without a license. That is, a fine is issued simultaneously for both violations.
Attention! If a driver loses his license due to driving while intoxicated, the status of the offense changes, and the citizen will face criminal rather than administrative liability.
In this case, the fact that the violation is repeated is taken into account, that is, the previously taken measure did not affect the violator. Therefore, the punishment is becoming tougher.
Specific penalties
If a person violates the rules for the first time and his license is taken away not due to drunk driving, he will be subject to penalties prescribed in the Code of Administrative Offenses.
According to the provisions of this code, if a driver is caught driving drunk without a license, he may face arrest for a period of 10 to 15 days.
If for some reason this measure cannot be applied to the violator (for example, because the latter is pregnant), the traffic police officer will use a fine of up to thirty thousand rubles.
In this case, the reason why the driver was previously deprived of his license is of great importance. If this happened due to driving while drunk, the norms of the Code of Administrative Offenses do not apply for a repeated violation. In this case, the Criminal Code is used, and the punishment is criminal.
Article number 264.1 of the Criminal Code indicates that for such an offense the driver may face a fine.
Its size ranges from two hundred to three hundred thousand rubles!
In addition to this hefty fine, the violator may also be subject to the following penalties:
- restrictions related to work in certain positions, valid for 3 years;
- compulsory work (no more than 480 hours);
- imprisonment (not more than twenty-four months).
It is mandatory to extend the period of deprivation of the right to drive a vehicle. It can reach three years.
It should also be taken into account that the judge, when making a decision, will focus on aggravating and mitigating factors, which can significantly affect the punishment. But you need to understand that drinking alcohol is always an aggravating circumstance.
Punishment for driving without a license
It is important to understand that punishment is inevitable in any case if you do not have a driver's license while driving: it does not matter whether the document is forgotten at home or you have been deprived of the right to drive a vehicle. Of course, during the inspection the circumstances will be taken into account, but you will still face one of the punishments:
- a fine of 500 rubles or a warning (if you really forgot your license at home and undertake to provide it as soon as possible);
- recovery of 5-15 thousand rubles. (if you have never had a license or it is expired).
In 2021, the amount of monetary punishment has changed, the maximum amount of which can now reach up to 30 thousand rubles. The same amount of fine is for a person who entrusted his car to a person without a license. An alternative is also possible in the form of administrative arrest for up to 15 days or forced labor for a period of 100-200 hours.
Remember that even in the case of a minimal punishment or warning, the inspector does not have the right to let you go until you present your identification. Otherwise, the car will be taken to the impound lot until the circumstances are clarified.
How to evade punishment
If the driver is stopped by an inspector, first of all you should not refuse an examination, especially a medical one (in the latter case, refusal means an admission of guilt).
During the inspection process, it is recommended to carefully monitor the actions of the traffic police officer. Any error must be reflected in the protocol.
An important point related to the examination is that witnesses must be present during this procedure.
Amendments made to the legislation in 2014 made it possible to use video recording instead of witnesses. In this case, it is necessary to ensure that the camera films the entire process.
If the driver has complaints about the results of the initial examination, he has every right to demand that the traffic cop deliver him to a medical facility and conduct an additional check within its walls.
If the driver is really drunk, the only thing he can hope for is that the traffic police inspector made a mistake during the examination or drawing up a report. This will provide an opportunity to challenge the punishment in court and receive an acquittal. In this case, the driver will only face a fine for using a vehicle without a license. Its maximum amount is no more than 30,000 rubles.
