Reading time: 4 min.
What is the penalty for driving without a license after deprivation in 2020? Consequences for driving while drunk
The traffic police fine for driving without a license after their deprivation in 2020 is
30,000 rub. or arrest for 15 daysArticle 12.7.2 of the Code of Administrative Offenses of the Russian Federation
The traffic police fine for driving drunk after deprivation of a license in 2020 is
30,000 rub. or arrest for 15 days (if the first time you were imprisoned was not for drunk driving)Article 12.8.3 of the Code of Administrative Offenses of the Russian Federation
The traffic police fine for driving drunk after deprivation of your license for drunk driving in 2020 is
200,000 - 300,000 rub. or prison up to 2 yearsArticle 264.1 of the Criminal Code of the Russian Federation
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Driving without a license after being sober
Deprivation of rights is one of the most severe punishments in the Code of Administrative Offenses of the Russian Federation, applied only to the most persistent violators. Let us remind you why your rights can be revoked:
- drunk driving;
- speeding over 60 km/h;
- violation of the rules for crossing railway crossings;
- equipping a car with additional devices without special permission;
- leaving the scene of an accident;
- not giving advantage to special equipment with the signal turned on;
- driving without license plates or hiding them when driving;
- repeatedly running a red light;
- driving into oncoming traffic in violation of the rules.
That is why driving without a license is severely punished: the driver will be given a fine of 30 thousand rubles, or will be subject to arrest for up to 15 days, or compulsory labor for up to two hundred hours.
Article 12.7. Driving a vehicle by a driver who does not have the right to drive a vehicle
2. Driving a vehicle by a driver deprived of the right to drive vehicles -
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.
The punishment for driving without a license after deprivation will seem even more severe if you consider that for a violation the driver will be suspended from driving a car, and the vehicle itself will be sent to an impound lot.
Driving without a license after being arrested while drunk
Drunk driving is a serious crime for a driver, and driving without a license after being deprived of it is especially serious. Depending on why the driver was deprived of his license, the severity of the punishment for driving without a license after deprivation while drunk will depend. Let's consider two cases:
- The driver was deprived of his license not for drunk driving, but for another traffic violation
The driver was suspended for drunk driving
In this case, violation of traffic rules by the driver falls under the criminal code. After all, in fact, the driver got behind the wheel drunk again. Such a violation is regulated by 264.1 of the Criminal Code of the Russian Federation.
Article 264.1. Violation of traffic rules by a person subject to administrative punishment
Driving a car, tram, or other mechanical vehicle by a person who is intoxicated, who has been subjected to administrative punishment for driving while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, or who has a criminal record for committing a crime, provided for by parts two, four or six 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 by forced labor for a term of up to two years.”
At the same time, refusal to undergo a medical examination also faces criminal liability. You need to understand that the presence of criminal liability leaves certain imprints on the driver: this is an important point when hiring for certain positions. In addition, society has an extremely negative view of individuals with a criminal record.
The driver was not deprived of his license for “drunk driving.”
In this case, the hand of justice will not be as harsh as in the first.
If you get behind the wheel while drunk after being deprived of your driver's license, you will face administrative arrest from 10 to 15 days. Arrest will not be applied only if the law does not allow this punishment.
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
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 constitute a criminal offense, shall entail 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.
If the driver refuses to undergo a medical examination, he will be punished under Article 12.26.2 and also imprisoned for 15 days.
Important: in the case of “drunk driving,” an appropriate medical examination must be carried out, which should reveal the presence of alcohol in the driver’s blood. The examination must be carried out only by a certified device on site or in an institution if the driver refuses to “blow into the tube” on site. If the driver refuses to undergo the examination, he will automatically be declared drunk.
Remember:
Driving after deprivation of your license is a gross violation. The punishment for this violation is determined by the court. Punishment ranges from a fine of 30 thousand rubles to criminal liability in case of drunk driving, with all the ensuing consequences. Our editors strongly discourage drivers who have been deprived of their driver's license from driving, even when sober.
Reading time: 4 minutes
Unfortunately, some drivers ignore the traffic rules and get behind the wheel while drunk. Then their license is taken away for a certain period, depriving them of the opportunity to drive a car. Let's consider what the punishment is for being drunk and driving without a license.
Punishment for driving while intoxicated
Let's consider separately what driving while drunk and without a license entails. Let's start with drunk driving, since this offense occurs more often. The question arises at what point is a driver considered drunk. By law, the minimum dose of alcohol when checked by an inspector is 0.16 ppm (0.5 liters of non-alcoholic beer or wine or 2 liters of kefir on an empty stomach). But what if you go over the legal limit, what is drunk driving in 2020?
Drunk driving is punishable by a fine of up to 30,000 rubles, deprivation of rights for 1.5-2 years, or both. And this is provided that you don’t break anything else and no one gets hurt. Otherwise, drunk driving faces a more serious punishment in the form of forced labor, suspended or forced imprisonment for up to 10 years, depending on the severity of the crime.
Of course, 10 years is the maximum period, which most often does not reach. Drivers in most cases receive forced labor or a suspended sentence with deprivation of their license as punishment.
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 2020, 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.
If the driver is drunk and without a driver's license
It is logical to assume: if the violation is double, then the punishments should be summed up. But that's not true. There is even a separate article (12.8 Code of Administrative Offenses of the Russian Federation, part 3) for this offense. If we summarize the information, we can come to the conclusion that the punishment will be the same - a fine of up to 30 thousand rubles or imprisonment for 10-15 days.
But what punishment for driving without a license while drunk will be the priority and what does it depend on? Oddly enough, first of all, administrative arrest is applied for 10 or 15 days (depending on your behavior during arrest). If the detainee has a certificate or document that does not allow him to serve the arrest in the place designated for this purpose, a fine in the above amount will be imposed.
The fine for driving without a license while drunk can be divided into several parts and collected from the offender’s salary or from his property. This information is valid only if the driver does not commit any other violations (does not hit anyone, does not crash, or does not cause an accident). If this happens, the punishment may become criminal in nature.
It is important to take into account that the state of alcohol intoxication is recorded not only when it is determined by the breathalyzer, but also in the event of the driver’s refusal to undergo testing. Remember that the examination must be carried out with witnesses or with video recording of what is happening. If this condition is not met, refusal to check is completely legal.
Does deprivation of rights affect the situation?
If a person deprived of his license is caught driving drunk, he will suffer the same punishment as in the previous case. The size of the fine depends on whether you are driving under the influence.
What if you drive drunk without a license in someone else's car?
If a drunk friend who does not have a license asks you for permission to drive your car, do not agree. In this case, punishment threatens not only the drunk driver without a license, but also the person who provided him with the car. In this case, you need to find a sober person with a valid driving license or call a taxi.
Responsibility for repeated violation
Of course, unfortunate drivers who get behind the wheel without a license and while drunk again commit a crime. A repeated violation of this kind is punishable under Article 264.1 of the Criminal Code of the Russian Federation dated June 13, 1996 (as amended on July 29, 2020). In this case, a monetary penalty of up to 400 thousand rubles is imposed. In addition, the violator is deprived of the right to hold certain positions for up to three years. The latter must be indicated in the sentence.
If you are unable to pay the fine, it will be divided into parts, your property will be taken away, or your salary will be deducted for 1-2 years.
Information about offenses is stored in the database for 1 year after you return the permit. So, if you already have administrative restrictions, do not violate traffic rules again. This will make the situation worse.
What's the result?
Of course, you need to think about your own well-being, freedom and the state of your wallet before driving under the influence. But it is much more important to think about the fact that a person driving while drunk is a potential murderer, and not just a criminal.
The jokes are over - the punishment for drunk driving has been toughened: video
According to statistics, in our country, driving a car without a license is not uncommon among drivers. After all, rights can be deprived for a very long period, and different situations happen in life.
Maybe a person has no other way to get somewhere quickly than to get behind the wheel himself. Or perhaps he just decided that this time he would not fall into the hands of the traffic police.
Today, the law establishes that when analyzing your breath using a breathalyzer, the permissible minimum value is 0.16 ppm of absolute alcohol in the air you exhale.
Before this, three years ago, the permissible value on the device, according to which you could not be accused of being drunk, was zero ppm.
But since the instruments could operate with errors, his data were often questioned and led to many trials.
After all, if you drank kefir or kvass, the device will show that when you exhale there are alcohol vapors, and in people with stomach disease, the tester recorded ppm due to the high content of internal alcohol.
Those who are ignorant of the principle of how a breathalyzer works think that 0.16 ppm is the highest permissible value at which a driver’s license will not be revoked for driving while intoxicated.
But the fact is that in the law this figure only indicates the error of the device, and does not count in units the residues in the breath after drinking.
If the breathalyzer recorded a figure higher than this value, then the driver most likely drank after drinking the day before, or drank before getting behind the wheel, or even while driving.
But this does not mean that you can drink while driving even in small quantities, since the allowed minimum 0.16 ppm in the device readings relieves you of responsibility. After all, you may be unlucky and you will be deprived of your rights quite officially.
If you got caught for the first time
According to Article 12.8, if you are caught driving while drunk for the first time, your license may be revoked for a maximum of 2 years and a fine of 30 thousand rubles will be issued. You can, of course, try, as an option, to resolve the situation in court until the verdict is passed.
Allowed a drunk to ride
According to Article 12.6, if you are stopped, and you are not only drunk, but also not in your own car (let’s say you took it for a ride from friends), then responsibility will fall not only on you, but also on the owner of the car, namely deprivation of rights from 1 ,5 to 2 years and a fine in the amount of 30,000 rubles.
Once again caught drunk driving
If the driver is caught by traffic police inspectors for the second time while intoxicated while driving, then he will again face a fine, but this time increased to 200 thousand rubles, and this will also be regarded as a criminal offense.
So, if the driver is stopped a second time and it turns out that he is drunk, then he is liable in the form of a fine of 200 to 300 thousand rubles, deprivation of the right to drive a car for a period of 2 years, and may also be sentenced to perform compulsory work.
Clause 264.1 has been added to the Criminal Code of the Russian Federation, which states that for repeated driving of a car while intoxicated or refusal for the second time to undergo a medical examination to determine blood alcohol content, the offender can be held criminally liable.
Remember that refusing a medical examination, by law, automatically determines you as guilty of a violation (driving drunk), so you should not refuse this procedure, even if you are in a hurry.
How is driver intoxication determined?
Intoxication is a temporary disorder of body functions, especially the nervous system (psyche), caused by the effects of alcohol or drugs.
In order to find out for sure whether the detained driver took anything, the traffic police inspector sends him for a medical examination.
Medical examination is a set of methods of medical examination and medical research aimed at studying the state of human health.
This procedure is carried out to determine the blood alcohol content of a person who is suspected of driving under the influence.
It has the right to be carried out by employees of the State Traffic Inspectorate or a narcologist (paramedic who has completed special courses).
Reasons for carrying out:
- Corresponding odor when exhaling;
- Signs of inappropriate behavior;
- Incoherent speech;
- Red complexion;
- Unstable posture;
- Road traffic accident.
The tester determines whether the driver has been drinking or not. Taking into account the error, the concentration of alcohol vapor during exhalation should exceed 0.16 milligrams per liter of air.
It must be remembered that the device can detect the presence of alcohol, even when the driver is completely sober. This can happen if a person takes any medications, drinks kvass or kefir. So there is a possibility of getting a fine without actually breaking the law.
Punishment for drunk driving without a license
This year, for driving a car without a license, the offender may get off with a simple fine, or may even earn himself a criminal charge.
Depending on whether the person caught a second time without rights was sober, and why he was deprived of his rights the first time, there are 3 types of responsibility.
Driving after being disqualified while sober
If it turns out that the detained driver was driving without a license, but sober, then he will get off more or less lightly. He faces either administrative liability, a fine in the amount of 30 thousand rubles (often) or forced labor.
According to Part 2 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation, for driving without a driver’s license for citizens deprived of their rights, liability comes in the form of an administrative fine in the amount of 30 thousand rubles or arrest for up to 15 days, or forced labor for a period of 100-200 hours.
Part three of the same article states that if control of the vehicle is voluntarily transferred to this person, the same punishment awaits the person who handed over control.
In this case, driving without a license while sober will not deprive you of your license. But it is necessary to remember that under this article you can only prosecute a driver who has already been deprived of his license once in court.
Driving a car while deprived of a license other than for drunk driving
Further, a more severe punishment is provided for a driver who was stopped again (and subsequent times) once while intoxicated, but was deprived of his license the first time not for drunkenness, but, for example, for overtaking in the wrong place, driving towards another vehicle in one-way traffic, driving a second time at a red traffic light, etc.
Let's say, on February 1, 2017, a certain driver Petrov was deprived of his license for overtaking in oncoming traffic, thereby violating traffic rules, for a period of six months.
But on May 1 of the same year, Petrov is stopped by a traffic police officer and finds out that he is not only driving without a license, but is also intoxicated.
Then this driver faces liability in accordance with Part 3 of Article 12.8 of the Code of Administrative Offenses, that is, if he drives a car while intoxicated and is deprived of the right to drive a car, or does not have one at all, he will face administrative arrest for a period of 10-15 days, if as a result of his actions no criminal offense is found corpus delicti, or a fine in the amount of 30,000 rubles, if the driver was a person against whom arrest cannot be applied.
According to Article 3.9 of the Administrative Code, the following citizens fall into this category:
- pregnant women;
- women who have children under 14 years of age;
- minors;
- disabled people of groups I and II;
- persons liable for military service;
- citizens called up for military training;
- employees with special ranks of the Investigative Committee of the Russian Federation, the Department of Internal Affairs, bodies and institutions of the penal system, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances and customs authorities.
Driving without a license while intoxicated after being disqualified for intoxication
The sanction established by Article 12.8 is applied only if there is no criminal liability in the actions of the driver who violated the law.
We are talking about Article 264.1, which was recently included in the Criminal Code of the Russian Federation, which provides for liability for the driver for driving a car after deprivation of his license for driving while intoxicated or refusing a medical examination to detect alcohol in the blood, caught during repeated arrest while intoxicated.
This time such a driver will bear the most serious responsibility of the above. He faces a fine of 200–300 thousand rubles, performing compulsory labor or imprisonment.
This liability threatens for violation of traffic rules by a driver who is already subject to administrative punishment (Article 261.4).
More specifically, we will say that when driving any mechanical transport (car, tram, etc.) while intoxicated by a person who is already serving an administrative penalty for driving while intoxicated or refusing to undergo a medical examination to detect alcohol in the blood in response to a legal demand of a traffic police officer , or bearing criminal liability for crimes under Article 264, parts 2, 4 or 6 of the Criminal Code of the Russian Federation, entails the following types of punishment:
- a fine in the amount of 200,000 to 300,000 rubles;
- a fine in the amount of wages or other income of the perpetrator for a period of 1 to 2 years with a ban on engaging in certain activities and holding certain positions for up to three years;
- compulsory work up to 480 hours, with a ban on engaging in certain activities and holding certain positions for up to three years;
- forced labor for up to 2 years with a ban on engaging in certain activities and holding certain positions for up to three years, or imprisonment for up to 2 years with a ban on engaging in certain activities and holding certain positions for up to three years.
And the already existing criminal liability will serve as an addition to this punishment.
Here it is necessary to pay attention to such a phrase as already bearing administrative responsibility. In this case, this does not simply indicate that the driver was previously deprived of his license. In essence, this is already a period from the moment the decision on punishment came into force, and after 1 year has passed after the execution of the punishment.
And if we are talking about deprivation of the right to drive a car, then the end of execution of the punishment is the date until which the driver was deprived of his license.
It turns out that if our Petrov was deprived of the right to drive a vehicle for the first time for driving while intoxicated or refusing a medical examination, then a criminal case will definitely be opened against him if he is caught again in a state of intoxication during this year, while the administrative punishment lasts, and more within a year, when his license had already been returned.
What if you were stopped for drunk driving again before your license was revoked in court?
In such a matter, an employee of the State Traffic Inspectorate follows the procedural procedure for depriving a driver of a license for driving while intoxicated and cannot independently deprive a driver of a driver’s license on the road.
To do this, he must draw up the materials of the case, which is sent to the court for consideration. There, a court date is set, and then a verdict is made based on the results.
The deprived person can then appeal this decision within ten days. And until a second decision is made, this driver can continue to drive his car quite calmly, because in fact his license has not yet been deprived.
But if this citizen, before the court makes a final decision on deprivation of the right to drive a vehicle, is stopped a second time by a traffic police officer, and it turns out that he is drunk again, then the punishment will also be very severe.
This driver will once again be deprived of his license, and the terms of deprivation as a result are summed up and not superimposed on one another.
Every year, the legislation regarding citizens driving while intoxicated is becoming stricter. Since 2020, driving without a license while intoxicated has been included in an article not only in the administrative, but also in the criminal code. The measures taken are related to the high number of accidents involving drunk drivers, as well as the high mortality rate in such accidents. According to statistics, many drivers who drink alcohol while driving tend to repeat this offense, thereby putting other road users at risk.
If an inspector has detained a motorist who is drunk and driving without a license, then the punishment for such an offense is up to fifteen days of arrest or a fine of thirty thousand rubles.
It is worth noting that during the examination it is necessary to be present as a witness or to videotape the arrest.
If a motorist, deprived of his license, gets behind the wheel, the drunk citizen will receive punishment in accordance with Article 264 of the Criminal Code. Appointed by the court fine up to three hundred thousand rubles or other income of the offender during the last two years with a restriction on the right to engage in a certain type of activity for a period of up to three years. Corrective labor of up to five hundred hours or imprisonment of up to two years is also provided.
Liability for repeat drunk driving comes:
- If less than one year has passed since the citizen was deprived of his license for driving while intoxicated;
- If a citizen has a criminal record for an accident committed while drunk. A criminal record is cleared three years after imprisonment.
In the above cases, liability also occurs when a traffic police inspector stops the car at the scene of an accident.
Liability for drunk driving
The following penalties are provided for secondary drunk driving:
- A criminal fine of up to three hundred thousand rubles or in the amount of the offender’s income for a period of up to two years;
- Compulsory work up to five hundred hours;
- Forced labor with restrictions on the right to hold certain positions or imprisonment for up to two years;
- Restriction on driving license for up to three years.
If more than two people died as a result of an accident, the punishment will be a prison term of up to nine years.
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