If you are caught drunk. What happens if you get caught driving drunk a second time? What will be the consequences

From July 1, 2015, changes are being introduced to the Criminal Code of the Russian Federation regarding violations of traffic rules. Now, for repeated driving while drunk, the driver will be put behind bars. What do they think? driving instructors, it’s high time for those who like to drive while drunk to be reined in, and this needs to be done with the help of the Criminal Code.

New law

The State Duma, in its final third reading, adopted a law that toughens penalties for driving while intoxicated. According to the new initiative, as suggested driving instructors, criminal liability is introduced for those violators who drive drunk again.

The reason for the tightening of the law is obvious. The number of accidents involving drunk drivers is growing every day. Thousands of innocent people die in terrible accidents caused by drunk motorists. Deprivation of rights and considerable fines do not help.

Let us remind you that until recently the fine for drunk driving was 30 thousand rubles and 50 thousand for repeated drunk driving. But even these amounts did not stop drunken reckless drivers.

That is why it was decided to take another measure of influence: to isolate drunk drivers from society, that is, simply put them in prison.

Minimum punishment for victims

If, due to the fault of a driver while intoxicated, an accident occurs in which a person dies, then the motorist will face deprivation of his driver’s license for up to three years and imprisonment from two to seven years. Also, the driver will not be able to engage in certain activities or hold certain positions for up to 3 years. Let us note that previously the prison term in this case was not regulated; it was appointed by the judge.

In the event of the death of two or more people (again due to the fault of a drunk), the punishment will be as follows:

• forced labor for up to 5 years, with simultaneous deprivation of rights for up to three years;
• or imprisonment for up to 9 years.

In both cases, the driver is deprived of his license for up to 3 years.

Another option: a prison term of 4 to 9 years, deprivation of driver's license (for three years) plus a ban on holding certain positions or a ban on engaging in certain activities for up to three years.

If several people died in a “drunk” accident, then from July 1, 2015, the driver faces imprisonment for a term of 4 to 9 years. Previously, in this case, an alternative punishment could have been applied: forced labor for a period of up to 5 years. In addition, the minimum prison term was not regulated, but was set by the court. This will be canceled from July 1st.

Repeated drunk driving = arrest

The most important innovation is the criminal punishment of a driver for repeatedly driving a vehicle while intoxicated. If previously drunk motorists fell only under Article 264, now they will face a new Article 2641, under which repeat offenders who have committed an administrative violation again will be punished.

So, the new article covers persons who drove a car or other vehicle while drunk, and they have already been subject to administrative punishment for the same violation.

This also includes persons who refused to undergo a medical examination for alcohol intoxication after the request of traffic police or police officers, as well as persons who already have a criminal record for crimes under Article 264 of the Criminal Code (parts 2, 4 and 6).

In this case, the punishment will be as follows:

• a fine of 200-300 thousand rubles or in the amount of the salary (other income) of the offender (in our case, a convicted person) for a period of one to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years;
• or compulsory work for a period of up to 480 hours with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years;
• or forced labor for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years;
• or imprisonment for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.

When does the Criminal Code apply?

In what cases can a motorist caught drunk driving be punished under the Criminal Code of the Russian Federation:

• The driver had already been deprived of his license for driving while intoxicated.
• The driver repeatedly drove a car while drunk, if one year has not passed since the previous violation (that is, deprivation of a driving license).
• The motorist has a criminal record for a traffic accident that he committed while intoxicated. By the way, a criminal record is removed three years after completion of the prison term, no later.

Do not forget that in all of the above cases, alcohol intoxication also means refusal of a medical examination.

Eventually

Penalties for repeated driving while intoxicated:

• Fine 200-300 thousand rubles
• Monetary penalty in the amount of the convicted person’s annual/biennial income
• Forced labor for up to 2 years
• Mandatory work up to 480 hours
• Imprisonment up to 2 years
• Revocation of a driver's license for up to three years as an additional penalty

Let us remind you that until July 1, 2015, the driver for the above violations received a fine of 50 thousand rubles and was deprived of his license for 3 years.

The punishment for repeatedly driving a vehicle while drunk becomes truly serious. Agree, a fine of 200 thousand will be disastrous for any family budget.

And what can we say about a period of two years! Moreover, one should not forget about a criminal record. After all, any criminal record can cause many problems in the future, for example, when getting a job.

Let's hope that the innovations will help clear our roads of malicious violators who drink alcohol while driving.

Be polite and careful on the road!

The article uses an image from the site avtomobilabc.ru

Lately, the traffic police has been increasingly testing drivers for alcohol intoxication. This is due to the fact that accidents caused by a drunk driver are not uncommon on the roads. Moreover, not only the driver suffers, but also the people around him. But if a person who has never violated or received such a fine suddenly, for some reason, got behind the wheel after drinking a bottle of beer, and was caught drunk driving, what awaits him? What are the actions of the authorized bodies during inspection and examination and what punishment faces a violator who is caught drunk for the first or second time?

How is intoxication diagnosed?

Intoxication is a violation of the physiological functions of the body and, above all, its central nervous system due to the use of alcohol or drugs. To find out whether a person has taken anything, a medical examination is carried out. Medical examination is the study and assessment of a person's health and physical condition. A medical examination for intoxication is a procedure carried out to find out whether alcohol is present in the blood of a person who is driving a car. It can be carried out both by a law enforcement officer (traffic police, police officers) and by medical workers in a health care institution.

Reasons for carrying out:

1. Specific odor from the mouth.
2. Incoherent speech.
3. Redness of the face, which is characteristic of a drunk person.
4. Loss of coordination and instability during movements.

Alcohol intoxication is determined taking into account the error - the concentration of absolute ethyl alcohol in exhaled air must exceed 0.16 milligrams per liter.

It is necessary to take into account the fact that the tester can show the presence of alcohol, even if the person has not drunk alcohol. This may happen when taking certain medications (you must carefully read the instructions before taking them), if the person drank kvass or kefir. There is a possibility of receiving a fine without the fact of a moderate violation of the law.

Punishment for drunk driving

The punishment for a person who drives drunk can be different, it depends on certain conditions. In this regard, we will consider several typical situations.

If a car is involved in an accident, the driver of which got behind the wheel with alcohol in his blood, the insurance company will not pay for repairs to the car, since this is not an insured event.

Punishment

Those who are caught driving without a license to drive a vehicle, regardless of the reason for their absence (deprived of them or not received one at all), face administrative arrest until the fact of having a driver’s license is clarified, and after that - a fine of 3,000 rubles, if the driver’s license was forgotten or lost; 15,000 rubles, when a person had no rights at all. If arrest cannot be applied, a fine of 50 thousand rubles will be imposed.

Also, deprivation of custody or forced correctional labor awaits car owners who refuse a medical examination two times in a row. If a driver who got behind the wheel drunk and does not have a license becomes the culprit of an accident, he will definitely not be able to escape criminal liability.

If the owner of the car drank and, in order not to drive drunk, handed over control to another person who does not have a license, and he got behind the wheel and was caught by the traffic police, the car will be sent to an impound lot, the owner will have to pay a fine of 30 thousand. rub., and a friend – 15 thousand rubles. If he transfers control to a person who is intoxicated, they both face deprivation of their rights, fines and, in some cases, criminal penalties. In the case where the driver transferred the right to drive a car to a person without a license or to a drunk person, and he became the culprit of an accident, both of them face criminal punishment, as well as deprivation of their license, because transferring control to another person does not relieve liability. There are cases when the owner says that he did not hand over control, and a person got behind the wheel with the desire to steal, then the first may get away with punishment, but the second will go to prison on several counts at once.

Other features of punishment

• The violation is assigned the status of “repeated” if the driver got behind the wheel drunk and got caught less than a year from the date of returning the license after the previous deprivation.
• If the driver fled the scene of an accident, he is automatically recognized as drunk, and he will be punished in the form of deprivation of his rights, or even freedom.
• The same applies to those who were sober before the stop by the traffic police, but drank after the documents were checked and the test was carried out.
• When law enforcement officers come across a person who has previously lost his license for driving while intoxicated, and now refuses to undergo a medical examination, the situation is equated to “drunk driving” and the driver faces the same punishment as for the second time of drunk driving - criminal punishment, deprivation of rights and fine.
• If the driver is caught by the traffic police, the tester shows that he was drinking, but the person claims otherwise, the test may be repeated, or he may be sent to a medical facility to undergo an examination there. This option helps if the driver did not actually drink, and the ppm appeared as a result of taking any medications or drinks based on fermentation products. In this case, the driver is transferred to the medical facility. establishment is carried out by a law enforcement officer.

If you are caught drunk driving at least for the first time, at least again, a person should not try to evade responsibility; it is better to lose his license for a while and remember the lesson for life than to try to get away from the traffic police, give a bribe, or get into an accident and go to prison.

In 2018 2019, repeated deprivation of rights for alcohol intoxication is understood as a situation in which a driver is detained while driving a car while drunk at a time when he is still subject to the previous ban or within a year after the recent return of the driver's license (driver's license).

Please note that in 2014 very strict sanctions regarding this type of violation were introduced and included in the Code of Administrative Offenses of the Russian Federation. Thus, a criminal article has appeared (although in this case we are not talking about committing a serious accident), according to which a car driver can be punished for driving a vehicle (vehicle) while intoxicated, even with imprisonment.

This article contains detailed information about what punishment a driver may incur for repeated deprivation of license for drunkenness.

Driving a vehicle while intoxicated: what is the responsibility under the Code of Administrative Offenses?

If a driver was driving his car while drunk and this fact was properly recorded, then the following measures will be applied to him:

Deprivation of driver's license for a period of 1.5 to 2 years;
Administrative fine (amount – 30,000 rubles).

Such strict measures are provided in order to stop the motorist from repeatedly violating the law. And, if until recently a large fine was considered a completely adequate measure, now the State Duma has adopted a new law, according to which the driver can even be deprived of his freedom.

Drunk driving again: imprisonment

For quite some time, deputies in the State Duma have been considering the question of how severe the punishment is in case of drunkenness while driving a vehicle. The result of the discussions was the adoption of the following decision: repeated deprivation of a driver’s license (DR) is an insufficient measure for such a serious offense. Now, for such a violation, the driver can face imprisonment (the innovation began to take effect in 2015).

The fundamental reason why deputies were inclined to adopt such a strict measure was the fact that the number of accidents involving drunk drivers on the roads is constantly increasing, and even huge amounts of fines do not become an obstacle for them to repeatedly violate the Law.

In the current conditions, repeated deprivation of a car license for drunkenness can no longer be considered a fair measure, which was the reason for toughening the punishment.

Now the Criminal Code of the Russian Federation provides for punishment for repeated driving while intoxicated in the following amount:

• Administrative fine (amount of 200-300 thousand rubles) or in the amount of the salary/other type of income of the offender for a period of 1-2 years;
• Work (mandatory - up to 480 hours);
• Work (forced, up to 2 years);
• Imprisonment (up to 2 years);

We draw the attention of motorists that each of the above types of punishment is applied in combination with the fact that the offender is deprived of the right to engage in certain types of activities or hold specific positions for a period of up to 3 years.

In addition, the important point is that, regardless of the type of punishment (the list is given above) that is chosen for the violator, he will be subject to repeated deprivation of the right to drive a vehicle (you can lose your license for drunkenness if you relapse for a period of up to 3 years) .

It is important to understand that it is not the driver who chooses the punishment, but the court who chooses this punishment for him, making a decision on an individual basis (taking into account specific facts and circumstances).

Drunk driving: how is it punished under the Criminal Code if there are victims in an accident?

The provisions of the Criminal Code of the Russian Federation apply not only to those who repeatedly decided to drive a car while drunk, but also to car drivers who, while driving a car in such a state, became the culprits of an accident where people died as a result of the accident.

In such situations, the punishment may be as follows:

• The result of the accident was death for 1 person. Here the driver faces criminal liability (imprisonment for a period of 2 to 7 years) and deprivation of the right to drive a vehicle (up to 3 years);
• The result of an accident is the death of 2 or more people. Here the driver faces criminal liability (imprisonment for up to 9 years). As an alternative, punishment may be applied - forced labor (for up to 5 years) and deprivation of the right to drive a vehicle (for up to 3 years).

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.

How much in 2019? Have you tightened the penalties for repeatedly driving a vehicle while drunk?

As of July 1, 2015, new amendments to the Code of Administrative Offenses of the Russian Federation came into force, according to which penalties for driving a vehicle after consuming intoxicating drinks have been significantly tightened. We have collected all the innovations together and invite you to familiarize yourself with them:

• Article 264 of the Criminal Code of the Russian Federation. Here the punishments received a lower threshold, which means: the previously applied punishment was imprisonment for up to 9 years (according to Part 6), now for the same violation there will be imprisonment for a term of 4 to 9 years (assumes that the court will no longer be able to appoint less than 4 years);
• Article 264.1 of the Criminal Code of the Russian Federation (new article). A new article has been introduced, which provides for the possibility of bringing the driver to criminal liability in court for repeated driving while intoxicated, as well as for refusal to undergo a second medical examination. If previously the punishment was a fine of 50,000 rubles, now for such violations the punishment can be a fine in the range of 200,000 - 300,000 rubles, or forced labor, or imprisonment (for up to 2 years).

In addition, if any type of punishment is imposed, the driver will be deprived of his driving license for up to 3 years. The introduction of such stringent measures is aimed at reducing the number of drunk drivers on Russian roads, and, as a result, reducing the number of accidents involving them.

Please note that drivers who drive a vehicle after drinking alcohol will be punished as before (fine and deprivation of driving license), but they will not incur criminal liability. However, repeated violations will lead to much more serious consequences, which should be kept in mind.

In conclusion, it should be noted that the Traffic Rules were developed not to make life difficult for drivers, but to create the safest possible conditions for all road users. Only strict adherence to them will allow you to move freely on the roads and not worry about your own safety.

Drinking alcoholic beverages is incompatible with driving a car. This rule has not been canceled, and every year the penalties for violating it are becoming more and more severe. These measures are aimed at minimizing the number of drunk drivers on roads and reducing the likelihood of accidents involving them.

What is the punishment for drunk driving? Punishment for drunk driving in 2018 is not only a fine, but also deprivation of rights and even criminal liability. The latest changes in legislation occurred in 2015, when criminal liability was introduced. However, not all drivers are deterred by even the prospect of arrest and imprisonment. Table of contents:

• What is the punishment for drunk driving?
• Penalty for drunk driving
• How to avoid deprivation if you get caught

What is the punishment for drunk driving Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Repeated deprivation of license for driving while intoxicated in 2018

If previously the punishment was a fine of 50,000 rubles, now for such violations the punishment may be a fine in the range of 200,000 - 300,000 rubles, or forced labor, or imprisonment (up to 2 years). In addition, when If any type of punishment is imposed, the driver will be deprived of his driving license for up to 3 years. The introduction of such stringent measures is aimed at reducing the number of drunk drivers on Russian roads, and, as a result, reducing the number of accidents involving them.

Important

Please note that drivers who were detained for the first time for driving a vehicle after drinking alcohol will be punished as before (fine and deprivation of driving license), but they will not bear criminal liability. However, repeated violations will lead to much more serious consequences, which should be kept in mind.

Punishment for drunk driving repeated 3 times

Code of Administrative Offenses of the Russian Federation, according to which penalties for driving a vehicle after consuming strong drinks have been significantly tightened. We have collected all the innovations together and invite you to familiarize yourself with them:

• Article 264 of the Criminal Code of the Russian Federation.
  Here the punishments received a lower threshold, which means: the previously applied punishment was imprisonment for up to 9 years (according to Part 6), now for the same violation there will be imprisonment for a term of 4 to 9 years (assumes that the court will no longer be able to appoint less than 4 years);
• Article 264.1 of the Criminal Code of the Russian Federation (new article). A new article has been introduced, which provides for the possibility of bringing the driver to criminal liability in court for repeated driving while intoxicated, as well as for refusal to undergo a second medical examination.

What is the penalty for repeated deprivation of a driver's license in 2018?

The rights that were once taken away for violation have been returned to you. It would seem that live and be glad that you are back in your usual place behind the wheel, and not underground in the subway.
But after a certain time, the first shock passes, and you are back to your usual driving mode. What happens if suddenly a violation occurs again that threatens the loss of rights? About what repeated deprivation of a driver’s license is, what the consequences of deprivation of rights are, incl.
for drinking again, and what punishments are provided, we will tell you today.

Attention

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right.

Fine for drunk driving in 2018 - is driving under the influence deprived of your license?

However, this proposal had many opponents, concerned that it could provoke an increase in cases of corruption among traffic police inspectors. The adoption of such an amendment has been postponed indefinitely. Read also to the content Punishment for repeated drunk driving In addition, so that all efforts are not in vain, before traveling abroad you need to find out whether you have a travel ban; a proven non-flight service will help with this. RF, which will provide you with information about the presence of debts on loans, fines, alimony, housing and communal services, etc., and will also assess the likelihood of a ban on flying abroad. An irresponsible driver, after an unpleasant meeting with traffic police inspectors, immediately begins to worry about the question of what the punishment for repeated deprivation he will get a license for drinking.

What are the consequences of re-deprivation of a driver's license in 2018?

• Arrest for 10-15 days or a fine of 30 thousand rubles if it is impossible to arrest for a similar violation, if the driver has already been deprived of his license or did not have one at all.
• Deprivation of rights for 3 years, as well as a fine of 200-300 thousand rubles, or up to 480 hours of compulsory labor, or up to 2 years of forced labor, or up to 2 years in prison if caught for a repeated violation.
Along with the driver's license, the driver may be deprived of the right to occupy certain positions. If a drunk driver is involved in an accident, the punishment may be increased and depends on the specific situation. For example, if 1 person died in an accident, the guilty driver will go to prison for up to 7 years, for 2 or more victims, the term will increase to 9 years. Please note: the punishment comes into force 10 days after the court decision. During this time, the driver has the right to file an appeal.

What is the penalty for drunk driving?

Amount of fine for drunk driving The amount depends on the specific situation:

• for the first time you will have to pay 30 thousand rubles;
• for repeated violation – up to 300 thousand.

The second situation refers to a violation when the first punishment has not yet expired. If the driver was deprived of his license for 2 years after drinking for the first time, and a year later he was caught again, he will pay the maximum amount, in addition he will receive a prison sentence or a period of compulsory labor, and 3 more will be added to the remaining year without a license. If he gets behind the wheel while intoxicated, having already received his license, he will “get off” with a minimal punishment. Please note: the 50% discount for prompt payment of a fine does not apply to this violation.

Criminal penalties are being introduced for repeat drunk driving

1. I got caught driving drunk for the second time, but I never had a license the first time, I was imprisoned for 10 days, what will happen the second time.

1.1. If less than a year has passed between the first and second cases, then you will be brought to criminal liability under Article 264.1 of the Criminal Code of the Russian Federation; if a year has passed, then the punishment under Part 3 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation entails administrative arrest for a period of ten to fifteen days

1. Violation of traffic rules by a person subject to administrative punishment

2. The third time I was caught driving drunk, there hasn’t been a second trial yet, was the car taken away for punishment?

2.1. Uv. Sasha, if at the time of committing the 3rd administrative offense there was a court ruling that entered into legal force for the 1st offense, then you cannot avoid criminal liability.

3. What happens if you get caught driving drunk for the second time in a year without a driver’s license.

3.1. Hello. Criminal liability, according to Art. 264.1 of the Criminal Code of the Russian Federation Driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subjected to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or having a criminal record for committing a crime provided for in parts two, four or six of Article 264 of this Code or this article, is punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or compulsory work for a period of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or forced labor for a period of up to two years with deprivation of the right to occupy certain positions, or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

4. My husband was caught driving drunk for the second time. There has not yet been a trial for the first one. How will the term be calculated: 2 times 1.5 years or only 1.5 years. As far as I understand, the fine is 2 times 30,000 rubles. The unemployed husband should pay: terms, installments or correctional work. Thank you.

4.1. Hello! There will be 2 separate cases and 2 decisions.

5. The second time I was caught drunk driving, the first sentence didn’t pass because I didn’t give a provo, can they put me in jail?

5.1. They won't go to jail. But administrative arrest can be applied.

6. What happens if you are caught driving drunk for the second time, and the first administrative case is at the stage of appeal to the Supreme Court. And for the second time, the administrative case was closed and transferred to the investigation department, they can issue a refusal, because the first is appealed. "Based on materials from the legal social network www.site ©"

6.1. Hello! Well, if the court ruling has entered into legal force, then a criminal case will be initiated against you under Art. 264.1 of the Criminal Code of the Russian Federation.

6.2. Hello, Marina, as I understand from your question, the first administrative punishment did not enter into legal force and the person was again caught driving while intoxicated. In this case, there will be no criminal prosecution, since there is no repetition (repetition), accordingly, only administrative punishment will take place. If the inspection materials are transferred to the inquiry body, it will be necessary to issue a resolution to refuse to initiate a criminal case, and if a criminal case is initiated on the grounds of a crime under Art. 264.1 of the Criminal Code of the Russian Federation, it is subject to termination.
Sincerely!

7. What happens if you are caught driving drunk for the second time, and the first administrative case is at the stage of appeal to the Supreme Court. And for the second time, the administrative case was closed and transferred to the investigation department, they can issue a refusal, because the first is appealed.

7.1. Hello!
You can get more details on the situation, namely: the name of the authority to which the appeal is being made (appeal, cassation), as well as on the second administrative proceedings. Thank you.

8. I was caught driving drunk for the second time, but 1.5 years have passed since the first time and there is no court decision, because... a lawyer works, i.e. I have rights. After the second time, I received a document from the Ministry of Internal Affairs that the administrative case against me was terminated and the materials were transferred to the investigation department for making a legal decision on jurisdiction. What does it mean? And what threatens me?

8.1. Good afternoon. This means that the body of inquiry will check the presence of clause 1 of Art. 264 of the Criminal Code of the Russian Federation. What stage is your first administrative case at, given the time that has passed? When interviewed by the investigator, take a copy of the registered appeal of the first court decision.

9. Had a criminal record 161 hours 1 suspended 11 whether now caught drunk driving for the second time they gave a fine of 200 tons and 2 years of deprivation of rights now they are charged with 152 hours 2 which may result in serious consequences.

9.1. Criminal Code of the Russian Federation. Article 152. Repealed. - Federal Law of December 8, 2003 N 162-FZ. Perhaps you made a mistake with the title of the article of the Criminal Code of the Russian Federation.

10. I was caught drunk driving for the second time, the first at the beginning of 2014 and the second in 2018, what threatens me?

10.1. Faces a fine of 30 thousand rubles. with deprivation of the right to drive for a period of 1.5 to 2 years under Part 1 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation, if there was no administrative prejudice. According to Article 4.6 of the Code of Administrative Offenses of the Russian Federation
A person who has been imposed an administrative penalty for committing an administrative offense is considered subject to this punishment from the date the decision on the imposition of an administrative penalty enters into legal force until the expiration of one year from the date of completion of the execution of this decision.
In other words, if a year had not passed from the end of the execution of the decision on the previous administrative offense to the repeated offense, then there would have been a sign of repetition (administrative prejudice). And so he is not there.

11. For the second time, my son was caught drunk driving his car without a license (there are none at all). What threatens him?

11.1. A fine in the amount of 200 thousand to 300 thousand rubles or in the amount of wages or other income of the convicted person for a period of 1 to 2 years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years;

Compulsory work for up to 480 hours with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years;

Forced labor for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years;

Imprisonment for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.

11.2. Hello, site visitor, in your situation this entails administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine in the amount of thirty thousand rubles.

"Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on April 23, 2018) (as amended and supplemented, entered into force on July 3, 2018)

""Article 12.8. Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication
(as amended by Federal Law dated July 23, 2013 N 196-FZ)

ConsultantPlus: note.
When suppressing violations provided for in Parts 1 and 3 of Art. 12.8, vehicle detention is applied.
""1. Driving a vehicle by a driver who is intoxicated, if such actions do not constitute a criminal offense, -

(see text in the previous “edition”)

ConsultantPlus: note.

""2. Transferring control of a vehicle to a person in a state of intoxication -
shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.
""3. Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles, if such actions do not contain a criminal offense -
(as amended by Federal Law dated December 31, 2014 N 528-FZ)
(see text in the previous “edition”)
entails administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons against whom administrative arrest cannot be applied in accordance with this Code in the amount of thirty thousand rubles.

12. I got caught driving drunk for the second time! This time I refused a medical certificate! After the first time I've had my license for over a year! Will this not be considered a repeated violation? Thank you!

12.1. An interesting question...
264.1 of the Criminal Code of the Russian Federation
Driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subjected to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or having a criminal record for committing a crime provided for in parts the second, fourth or sixth article 264 of this Code or this article, -
shall be punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

It seems to follow that a repeated refusal, in the presence of a repeated refusal, does not constitute a crime. Although I could be wrong.

12.2. Good afternoon, Anton!
In your situation, you need to remember the following:
In what cases can a motorist caught drunk driving be punished under the Criminal Code of the Russian Federation: - The driver has already been deprived of his license for driving a vehicle while intoxicated. - The driver repeatedly drove the car while drunk, if since the previous violation ( that is, deprivation of driving license) one year has not passed. - The motorist has a criminal record for a traffic accident that he committed while intoxicated. By the way, a criminal record is removed three years after completion of the prison term, no later.

Do not forget that in all of the above cases, alcohol intoxication also means refusal of a medical examination.

13. The second time I was caught drunk driving, what should I do?

13.1. Pay the fine and wait for the court's decision. Unfortunately, it is not possible to avoid punishment given your article of administrative offense and recidivism.

14. My brother was caught drunk driving for the second time, there was a trial, he was deprived of his license again for 1.8 and 100 hours of correctional labor, he is undergoing correctional labor, now it turns out that the prosecutor has filed an appeal, what is this? And what is the threat? He said they can jail from 40 days to six months, is that true?

14.1. Hello! The prosecutor has the right to file an appeal within 10 days if he considers that the sentence is too lenient.

15. If I was caught drunk driving.. for the second time in my life.. in 2014, but I passed my license to the traffic police in the summer of 17.. will I get a retake?

15.1. Good afternoon
“If I was caught drunk driving... for the second time in my life... in 2014, but I passed my license to the traffic police in the summer of 17... will I get a retake?”

No, you won't retake it!

16. The second time I was caught drunk driving was on March 16, 2018, my license was revoked in 2015, but I didn’t turn it in because I lost it, I also didn’t write a statement about the loss, i.e. I didn’t serve my term of imprisonment, I paid a fine of 30,000, but now I got caught again. What threatens me?

16.1. Article 264.1 of the Criminal Code of the Russian Federation. Violation of traffic rules by a person subject to administrative punishment
shall be punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
The court will decide what punishment to impose. Good luck to you.

16.2. In accordance with Art. 264.1 of the Criminal Code of the Russian Federation, for committing this act is punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of one to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or compulsory labor for a period of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or forced labor for a period of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years , or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

17. The second time I was caught drunk driving on March 16, 2018, my license was revoked in 2015, but I didn’t turn it in because I lost it, I also didn’t write a statement about the loss, i.e. I didn’t serve my term of imprisonment, I paid a fine of 30,000, but now I got caught again. What threatens me?

17.1. Hello, you face criminal liability under Article 264.1 of the Criminal Code of the Russian Federation. There is no way to escape the government.
Good luck and all the best.

18. The first time I was caught driving drunk. And 2 weeks later for the second time. But there hasn’t been a trial yet for the first time, what is the threat for the second time?

18.1. For the first time, he faces Article 12.8 of the Code of Administrative Offenses of the Russian Federation, and for the second time, Article 264.1 of the Criminal Code of the Russian Federation.

Article 12.8. Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication
1. Driving a vehicle by a driver who is intoxicated, if such actions do not constitute a criminal offense, -
(as amended by Federal Law dated December 31, 2014 N 528-FZ)
shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.
ConsultantPlus: note.
On the peculiarities of the qualification of an administrative offense provided for in Part 2 of Art. 12.8, see Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 24, 2006 No. 18.

CRIMINAL CODE OF THE RUSSIAN FEDERATION
Article 264.1. Violation of traffic rules by a person subject to administrative punishment
(introduced by Federal Law dated December 31, 2014 N 528-FZ)

Driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subjected to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or having a criminal record for committing a crime provided for in parts the second, fourth or sixth article 264 of this Code or this article, -
shall be punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

19. I got caught drunk driving for the second time without being convicted for the first time, what threatens me?

19.1. Please clarify your question. For the first time driving while intoxicated, there was a court decision to impose administrative liability. If it happened and you got caught a second time, then you face criminal liability. If not, then only administrative.

20. I got caught drunk and driving 2 times, once I refused a medical examination, the second time I agreed without having a license, which is a threat, and I got caught 1 time in 17, the second time in 18, not yet.

20.1. Hello!

Article 12.7. Driving a vehicle by a driver who does not have the right to drive a vehicle

1. Driving a vehicle by a driver who does not have the right to drive a vehicle (except for training driving) -

Shall entail the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles.

2. Driving a vehicle by a driver deprived of the right to drive a vehicle -

Shall entail the imposition of an administrative fine in the amount of thirty thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a period of one hundred to two hundred hours.

Punishment for driving a vehicle while intoxicated is regulated by the Code of Administrative Offenses and the Criminal Code of the Russian Federation. Particularly often they turn to Articles 12 and 25 of the Code of Administrative Offenses and Article 264 of the Criminal Code of the Russian Federation.

The punishment for driving while intoxicated is as follows: Deprivation of rights for a period of 1.5 to 2 years. Monetary penalty in the amount of 30 thousand rubles. (it does not fall under the law that allows 50% of the fine to be paid within the first 20 days after the decree is issued).

Criminal penalties are provided for driving while intoxicated in the following cases:

Repeated driving while intoxicated after returning the license for a primary violation is equated to a gross violation of the law and can be punishable by various types of punishment: monetary penalties (from 200 thousand rubles), forced community service (up to 480 additional hours or up to 2 years as the main punishment), imprisonment (up to 2 years).

Driving without a license while intoxicated is also regulated by the Criminal Code of the Russian Federation. In this case, the punishment will be the same as in the previous case.

A real criminal sentence is assigned to drivers who get behind the wheel while drunk and become the culprits of an accident with human casualties. They face imprisonment for a term of 4 years or forced labor for 2 years (depending on the severity of the victim’s injuries or the number of victims), deprivation of rights for up to 3 years.

Aggravating circumstances when a driver is caught drunk driving are:

Resistance, refusal to present documents and medical examination. This also includes an attempt to hide from police officers.

Committing an accident as a result of which people or other vehicles and objects (poles, shields) were injured and killed. If in the case of cars and other objects a drunk driver can still get away with a fine and deprivation of his license, then in the case of human victims or injured people, he will face criminal liability.

Insulting traffic police officers, attempting to start a fight.

Driving without a license (the person did not receive one at all or has already been deprived of it under the same or another article of the Code of Administrative Offenses or the Criminal Code). This also applies if the owner of the car, who had consumed alcohol, handed over control to a person who does not have a license, but is sober, hoping that he will be able to justify this with his condition. In this situation, punishment awaits both.

Any of these circumstances will only increase the administrative penalty or even lead to criminal liability.

21. Hello! So I got caught for the second time within a year, drunk and driving, they told me that they would charge me with 264, but I read about it and there is nothing there that would concern me! What kind of crime am I facing!?

21.1. GOOD AFTERNOON. In the summer of 2015, the Criminal Code of the Russian Federation was supplemented by Art. 264-1. You looked at the wrong article. This provision provides for criminal liability for repeated driving within a year while under the influence of alcohol or drugs. Considering that the crime is intentional, the punishment is severe. Open 264-1 in Google and look at the punishment.

22. The second time I was caught drunk driving, but 1.5 years have passed since I took my license after the first deprivation, what will happen?

22.1. Based on the content of the question, your actions do not contain signs of a criminal offense, therefore, most likely you will be brought to administrative liability in the form of deprivation of the right to drive a vehicle for a period of one and a half to two years and the imposition of an administrative fine in the amount of 30 thousand rubles.

23. I have criminal article 264.1 drunk driving. Twice in a row, the first day I got caught on the second, I got hit again, I scratched someone else’s car, I didn’t notice and I drove away. Lechon got his license, only half a year passed and he got caught. What will it be like for me to go to prison or not and when will the court be? Thank you.

23.1. Under Article 264, if you don’t qualify, you won’t qualify. In the worst case, again an administrative offense, a maximum punishment of 15 days.

24. I was caught driving drunk for the second time. A year has passed since the period of deprivation of the right to drive a vehicle expired. What punishment awaits me?

24.1. If a year has passed since the expiration date of the deprivation of the right to drive, then of course, you again face administrative liability under Article 12.8 of the Code of Administrative Offenses of the Russian Federation, a fine of 30 thousand and deprivation of the right for a period of 1.5 to 2 years.

24.2. Hello, Ruslan! If you are repeatedly arrested for driving under the influence of alcohol
intoxication, the law provides:

Driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subjected to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or having a criminal record for committing a crime provided for in parts the second, fourth or sixth article 264 of this Code or this article, -
shall be punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
You can always find a way out of any situation. Good luck to you and all the best in your endeavors.

24.3. Good afternoon. To your question I can give you the following answer:

If more than a year has passed, then you will face administrative liability; if less, then criminal liability

24.4. If a year has passed since the end of execution of the punishment for the first violation, then, according to Article 4.6 of the Code of Administrative Offenses of the Russian Federation, you are considered not to have been brought to administrative responsibility under this article. So you are facing Part 1 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation.

25. I got caught driving drunk for the second time, what will happen to me if I have a suspended sentence of five years and ten months.

25.1. Good afternoon. To your question I can give you the following answer:

Your suspended sentence can easily turn into a real one

Thank you for visiting the site.

25.2. Hello. The second time, but what about the first? If the period of deprivation in the first case has not yet expired, then you will be subject to arrest for up to 15 days and a fine, according to Art. 12.7 Code of Administrative Offenses of the Russian Federation. And, as a result, a change in the punishment from a suspended sentence to a real sentence. If the period of deprivation has expired, but 1 year has not passed since that moment, then you will be held accountable under Art. 264.1 of the Criminal Code of the Russian Federation. And again, with a revision of the suspended sentence.

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26. I got caught driving drunk for the second time. What is the maximum penalty if there is a minor child?

26.1. Hello. For a crime under Art. 264.1 of the Criminal Code of the Russian Federation provides for a maximum penalty of up to 2 years of imprisonment with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

26.2. Hello! The punishment is imposed by the court within the sanction of the article and taking into account all the circumstances of the case, as well as taking into account the personality of the defendant. Good luck to you!

Criminal Code of the Russian Federation, Article 264.1. Violation of traffic rules by a person subject to administrative punishment
(introduced by Federal Law dated December 31, 2014 N 528-FZ)

Driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subjected to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or having a criminal record for committing a crime provided for in parts the second, fourth or sixth article 264 of this Code or this article, -
shall be punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

26.3. Anna, good afternoon!

If the actions do not contain a criminal offense, you face a fine of 30,000 rubles. + deprivation of rights for 1.5 - 2 years, part 1 of Art. 12.8 Code of Administrative Offenses of the Russian Federation.
Best wishes to you!

26.4. Good afternoon If in your first case the resolution has already entered into legal force, then you face criminal liability under Art. 264.1 of the Criminal Code of the Russian Federation, regarding, now what to do, you need to look at the documents and study the case in order to advise something.

26.5. Good afternoon! it all depends on the totality of the circumstances of the case, mitigating and aggravating the punishment,
The result will certainly depend on the work of the lawyer with whom I recommend entering into an agreement for your defense.

27. What happens if you get caught driving drunk a second time? There is a child of 9 months, a positive reference from neighbors, he is unemployed.

27.1. If one year has not passed after the execution of the first administrative punishment, then criminal punishment under Article 264.1 of the Criminal Code of the Russian Federation. Violation of traffic rules by a person subject to administrative punishment. Driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subjected to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or having a criminal record for committing a crime provided for in parts the second, fourth or sixth of Article 264 of this Code or this article. Punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
Criminal liability will arise, but a positive characteristic, the presence of a young child, will be mitigating circumstances and will reduce the punishment.
If a year has passed, then administrative punishment.