Drinking and driving is punishable by law. This is if the alcohol content, more precisely ethyl alcohol, exceeds the permissible norms, which are measured in ppm by a device such as a breathalyzer. The use of narcotic substances or illegal drugs is also punishable when driving. This article describes how many years a driver’s license deprivation for drinking threatens the driver, the size of the fine and the procedure for seizing the document.
How many ppm allowed
The permitted blood alcohol concentration for drivers varies from country to country. The unit of measure is ppm. For comparison, in Canada this will be 0.8. The situation in Russia with this is different. Some time ago, the permissible limit was "zero" ppm. But there were cons in this norm. Some food biased the blood alcohol level slightly above the acceptable limit, that is, from scratch.
And in 2013, it was decided to cancel the action of the “zero” ppm. Now driving is allowed if the breathalyzer shows when exhaling a value of not more than 0.16 per liter of air. Now this is the new threshold for alcohol intake. At this ppm, a value that shows how much alcohol is contained in the fluid connective tissue, and not in oxygen.
It is easy to exceed the permissible limit of alcohol while driving. 1 ppm - a very significant intoxication. For information, it will be achieved after drinking 0.5 liters of vodka by a rather big man weighing about 80 kg. The lethal dose of blood alcohol is 5 or 6 units.
All factors affecting the influence of alcohol on humans are relative, since human organisms react differently, for example, in men the presence of alcohol in the liquid connective tissue will be less than in women. And some more foods and drinks, when consumed before driving, can act on the breathalyzer. The latter will show a positive result, that is, the presence of alcohol in the blood of a person. Similar products include the following:
- kvass;
- nonalcoholic beer;
- kefir;
- sourdough yoghurts and dairy products;
- tobacco products;
- ripe bananas;
- black bread;
- oranges
- drugs containing alcohol, etc.
Deprivation Procedure
So, proving that the driver controlled any type of vehicle while intoxicated, the traffic police inspector must conduct a medical examination on the spot or in the appropriate institution.
The reason for such actions will be:
- the smell coming from the driver;
- abnormal behavior of a motorist;
- visible signs of speech impairment;
- redness of the skin of the face.
In order to conduct an examination at the stopping place, the traffic police officer is obliged to tell in detail and show the use of such a device as a breathalyzer, as well as to demonstrate documents that it is working.
After the procedure is completed, an act is drawn up in which the results of the verification are indicated. The document must be signed by a traffic inspector who conducted the survey, a driver who passed the test, as well as two witnesses who were present without fail during the study. In addition, the traffic police officer should announce how much they are deprived of their rights for drinking, the size of the fine and other sanctions.
At the end of the procedure, the person is sent to a medical institution for the same actions. Activities will also be accompanied by a protocol.
Inspectors must personally bring the suspect to a medical facility for an examination.
If the driver refuses to study, in fact he pleads guilty and thereby gives grounds for the deprivation of his driver’s license, which is regulated by article 12.26 of the Code of Administrative Offenses. It will also be regarded as a failure to comply with the requirements of a traffic police officer for a medical examination.
Then all collected materials are sent by the inspector to the court. In particular, the justice of the peace deals with such issues. After the driver who committed the offense, a summons comes. This is a notification about when and at what time a person will have to come for a court hearing. The case can be considered without the offender in case of his failure to appear. In this case, most likely, upon deprivation of the driver’s license, the court will make a positive decision and the conclusions of the traffic police officer will be supported.
The law regulates that the punishment can be abolished or the inspector will be declared wrong if an appeal is made only in court. Or at its subsequent provision. Therefore, the best action is to appear at the hearing.
Based on the results of the first review, an appropriate decision is made. A citizen who is held liable for the offense, as well as his lawyer, have full access to the case file. Initially, the presumption of innocence is valid, that is, the driver’s guilt must be proved during the meeting.
If the court has deprived of rights for a booze, a person is not required to take a driver's license in the hall. According to the current legislation, 10 days are allowed to complete this action, during which you can appeal this sentence after the decision is served to the citizen.
During this time, a citizen can continue driving. An appeal is lodged with the same court in which the first hearing was held.
If the appeal does not lead to a positive decision in the direction of the driver, then he must hand over the certificate within 3 days to the traffic police officer and receive a corresponding receipt from him.
In 2014, a bill was introduced in the State Duma, which has the title "On Amending the Administrative Code of the Russian Federation." In this proposal, it was proposed to replenish ch. 4 clause allowing amnesty for citizens who are driving a vehicle while intoxicated. But in 2015, a slightly different version of the bill was developed, which stated that people under the influence of alcohol can in no way rely on amnesty. Now, under the new changes, drivers who have the following reasons will return the rights:
- proper behavior, that is, admission of guilt;
- if there is any damage, then its full or partial compensation;
- after the expiration of the sentence, half or more.
This bill remains under consideration, but now it’s not easy to return a license to drive a car without the help of lawyers.
What rights are deprived for drinking? Driving license of any category. In this matter, everything is pretty clear.
How much they are deprived of their rights for a binge depends on what time the violation was committed.
On what period
If a drunk driver comes across a traffic police inspector, then the deprivation of rights is likely to be inevitable, for a period of 1.5 to 2 years, as well as the accompanying penalties of 30,000 rubles. But there are still situations in which there may be similar consequences, such as:
- The owner of the car gives a drunk driver a ride. If a citizen transfers his car to another driver, a fine of 30,000 rubles, deprivation of rights for a term of 1.5 to 2 years, are relied on for it. Both for the person who owns the car, and for the person who is driving. After a secondary offense, criminal liability ensues.
- Drunk driver driving without a license. In such a situation, a citizen will be detained from 10 to 15 days or a fine of 30,000 rubles will be issued if the arrest cannot be applied.
In the case of non-payment of the monetary penalty after being deprived of a driver’s license for a booze, it grows significantly. Which can hurt your pocket.
Fine size
While driving while intoxicated, a person should realize how deprivation of a driver’s license will hit his pocket. They talk about this even at the stage of training in a driving school. Regarding the fact that if they were deprived of their rights for a booze, how much a fine is 30,000 rubles (as mentioned above). But this is if he is paid on time.
First time deprivation
Those who drive while intoxicated, even if insignificant, should understand that this will entail bad, and sometimes extremely adverse consequences. Both for himself and for those around him. If they were deprived of their rights for a binge for the first time, the citizen faces the following punishment:
- arrest is imposed on driving a vehicle for a period of 1.5 to 2 years;
- a fine of 30,000 rubles.
When an accident occurred, causing harm to the health of others or property, the Criminal Code of the Russian Federation comes into force here.
Concerning being in a parked car while driving while intoxicated, the law does not provide for considering this as an offense and punishment for it.
Deprivation of rights in subsequent times
Repeated neglect of the law from mid-2015 is punishable under Art. 264.1 of the Criminal Code of the Russian Federation. The article regulates that a citizen can not only pay with a driver’s license, but also go to serve his sentence in an appropriate institution.
Today, Art. 264.1 of the Criminal Code provides for the deprivation of a driver’s license, as well as such penalties as:
- A fine of 200-300 thousand rubles.
- Cash recovery for one or two years of the offender’s wages.
- Forced labor up to 2 years.
- Imprisonment up to 2 years.
Most often, judges convict the driver and impose punishment in the form of compulsory work, less often imprisonment, and in the rarest cases, a fine is issued. This is due to the fact that it is the mildest type of punishment.
Still in the Government of the Russian Federation there are such bills that are under consideration: apply lifelong deprivation of rights in case of repeated violation, that is, if a person again committed an offense, sitting behind the wheel while intoxicated.
Whether such toughened measures will be supported by officials, only time will tell. But it is also known that life-long deprivation of rights for drunk driving is planned to be put into action not immediately, but only if the citizen has violated the law more than once. In addition, the changes include a nuance such as confiscation of the car.
If you do not pay a fine
So, what will be the consequences of non-enforcement of a court decision? If deprived of their rights for a booze, what threatens? Fine. There is a due period for which it must be paid: it is 60 days and plus 10 days to appeal the decision. If this does not happen, the traffic police will initiate proceedings under Article 20.25 of the Code of Administrative Offenses, Part 1 (failure to pay an administrative fine within the prescribed time), and the recovery case will be referred to the bailiffs, who will execute the decision to recover the money. Consequences of default:
- A fine of two times the amount of the unpaid fine, but not less than 1000 rubles.
- Arrest up to 15 days.
- Community service up to 120 hours.
It turns out that if the fine is paid at the wrong time, you will have to pay three times as much for the offense, as well as 60,000 under article 20.25.
But there is also the likelihood that during the trial, such punishment as imprisonment for up to 15 days may be imposed. If the measure is compulsory work, then you will have to spend 2.5 months on it.
Judicial bailiffs may seize property, a bank account, and also prohibit traveling abroad on such malicious defaulters who, after the appointment of the above sanctions are not going to execute them.
The amount of 30,000 rubles, of course, is not so small, but the consequences of not paying a fine are much more serious, they can afford it much harder.
Does the inspector have the right to seize rights on the spot
Until some time, or rather, until September 1, 2013, traffic police officers could take away a driver’s license from citizens who committed an offense. Clause 3 of Article 27.10 of the Administrative Code of the Russian Federation regulated these actions.
After the seizure of documents, the traffic police inspector issued the appropriate temporary permission to drive the vehicle until a certain time until a court hearing takes place, during which the penalty will be imposed.
In the summer of that year, amendments were made to Federal Law No. 196 "On Road Traffic Safety" and the Code of Administrative Offenses of the Russian Federation, the clause that regulated the actions of traffic police officers lost its legal force. And now the traffic police inspectors are not allowed to seize the driver’s license at the scene of the offense before the decision, which will be issued in court. An employee can only voice how many years they have been deprived of their rights for drinking.
This greatly facilitated the affairs of both drivers and traffic police inspectors.
The first reason was that the person who committed the offense could not be immediately deprived of their rights on the spot. A temporary permit was issued to drive a vehicle until a court order is issued.
The second reason was that the seizure system did not work smoothly and with delays. The court hearings were delayed. Temporary permission to renew was problematic, since only those who considered administrative processes had such powers, but the traffic police and judicial institutions shifted the solution of this issue to each other.
Selecting a driver’s license at the place where the protocol was drawn up was previously an interim measure of production in administrative offenses. Since 2013, this rule has been considered invalid. And it turns out that no traffic police inspector has the legal right to seize the right on the spot, no matter how serious the offense the driver of the vehicle commits.
Help of lawyers for the deprived
There are such questions and nuances that can be resolved by qualified specialists in this field and, possibly, mitigate the punishment if the offense has already been committed, of course, they are lawyers for automobile legislation.
They are deprived of a driver’s license for a booze only for reasons justified and proved during the court session, which are prescribed in the Code of Administrative Offenses.
If a citizen believes that the actions regarding the arrest of the documents were unreasonable, then it is necessary to turn to lawyers for help. Specialists can shorten the period by which they are deprived of a driver’s license for a drink.
Citizens turn to lawyers with a number of such issues and situations, for the seizure of certificates, during court hearings, as well as unauthorized actions of traffic police inspectors.
And there are also people who are deprived of a driver’s license for a booze, who, admitting their mistake in the offense they committed, want to suffer only a monetary punishment. In order to quickly return the possibility of legal control of any type of vehicle. In this case, the assistance of a lawyer will come in handy, which will do everything to the maximum for a positive court decision or mitigation of punishment.
Very often, after an arrest of rights, motorists turn to lawyers for information on how long they lose their rights for drinking. The answer is immediately after the certificate is issued to the traffic police inspector.
Finally
Here, of course, I would like to note that driving while intoxicated is not only undesirable, but is strictly prohibited. This is their own security, as well as loved ones and those around them.
There are many different situations and consequences when the deprivation of rights for a booze will be extremely undesirable for a person, for some it even means immediately losing their jobs. You need to know that now the legislation does not provide for such an outcome of events as the return of a driver’s license ahead of schedule. Only the cancellation of the decision of the court hearing in the case of an administrative violation can help to get away from such an unfavorable situation.
Especially now, after the deadline for how much they have deprived of a driver’s license for a booze, you will have to again pass the exam in the traffic police to know the rules of the road, and also have to pass the medical commission again, which for some people is still delayed by the return of the opportunity to legally manage any type of vehicle.