There is a category of people who for some reason are sure that their vehicle will never be stopped if they drive without a license, and even while drunk, and they perform this action at their own peril and risk.
Let's say that you may be lucky the first time, but this does not mean that it will always be so. Below we will tell you about the responsibility that every citizen bears who gets behind the wheel without a driver’s license and while intoxicated.
And if there are such drivers among our readers, then maybe this article will make them think before taking such a step.
According to the traffic rules, it turns out that if a driver who had previously been deprived of his license still gets behind the wheel of a car, and even while drunk, this is a double violation.
And if in the first case the motorist was deprived of his license in court, then a repeated offense will be a particularly serious crime, and the perpetrator will be punished in accordance with the Criminal Code of the Russian Federation.
Having stopped such a driver on the road, the State Traffic Inspectorate inspector must send him for an official examination. If the offender refuses this procedure, this is considered as an admission of guilt.
The traffic police officer is obliged to send all materials on this case to the court, which will decide on the punishment. What responsibility will the offender bear simply for driving without a license, and what does he face if he dares to drive while intoxicated?
The article of the Criminal Code of the Russian Federation, in this case, provides for the following types of liability:
- The violator will be required to pay a fine of 200 to 300 thousand rubles, or his wages will be seized for 1-2 years, because it is multiplied by the equivalent from 12 to 24, it will be prohibited to hold certain positions and conduct certain types of activities;
- Compulsory work for up to two years and a ban on certain activities and the inability to hold certain positions;
- They may be imprisoned for up to two years and prohibited from holding certain positions and conducting certain types of activities.
So, judging by the types of punishment, driving a car without a driver's license and while drunk is a very, very serious offense.
What punishment is provided in 2017 if the driver forgot his license at home?
According to the traffic rules, the motorist must present to the inspector the documents he has requested (license, insurance and STS) upon request.
But it happens that the driver forgot them at home or lost them. In this case, the traffic police officer may issue you a fine of 500 rubles, or may limit it to a simple warning.
If this happened to you for the first time, you have never violated traffic rules before, then try to behave adequately with the inspector and, perhaps, you will be able to agree that if within half an hour you or perhaps your relatives bring your documents, you will be able to get away with it warning instead of a fine.
Penalties for driving without a license
So, the amounts of fines in increasing order of severity of the violation:
- 500 rubles (fixed amount) - issued when the driver can prove that he forgot the documents unintentionally;
- 5,000 – 15,000 rubles - fine for lack of rights or expired rights;
- 30,000 rubles will be the amount of the fine if a driver who was previously deprived of his license was detained; if the driver deliberately did not pay the fine, then its amount is doubled;
- a fine in the amount of 200 to 300 thousand rubles - such is the responsibility for driving without a driver’s license and while drunk.
Driving without a license
Driving a car without a license is considered a serious offense, and the fine can reach up to 15 thousand rubles.
- who have never attended a driving school and have not passed the examination test at the traffic police, which means they have never had a license;
- who have a driver's license, but it is expired, and this is equivalent to the absence of a license.
In the first case, the offender will suffer a more serious punishment, since the State Traffic Inspectorate believes that if a citizen has not been trained in a driving school, then most likely he does not know the rules of the road and does not know how to read signs.
If your license is expired, the fine may be slightly less, but this is at the discretion of the traffic police officer.
How to prove innocence when driving drunk without a license
Let's move on to the question of what to do if a traffic police officer stops you and tries to accuse you of driving while intoxicated?
First of all, never refuse an official examination! Based on Article 12.6 of the Code of Administrative Offenses of the Russian Federation, you will suffer the same punishment for refusal as for driving a vehicle while intoxicated. Even the fact that you are late for something will not help; you will have to postpone your plans.
You, of course, can then go to a narcologist yourself, take tests to detect alcohol in your blood and urine, thereby proving that you were sober at the time of arrest, you will still pay a fine of 30,000 rubles and you will be deprived of the right to drive a car for a period of 1.5-2 years.
But you shouldn’t admit that you’re drunk either. This is a common trick among traffic police officers, that is, admit it honestly and, so be it, we won’t deprive you of your rights, but we’ll just issue you a fine.
Unfortunately, in court, you will be deprived of your rights, because the court, when making a decision, is guided by the Code of Administrative Offenses of the Russian Federation, and the judge simply does not have the right to act differently. The only mitigation is deprivation of rights for not two, but one and a half years.
If a traffic police officer checked whether you were drinking or not using a breathalyzer, and the device detected a violation, and you clearly know that you did not drink, then insist on an official examination yourself. Any technique can sometimes fail, while laboratory analysis is almost always 100% correct.
The State Inspectorate officer who stopped you on the road has every right to be suspicious of your condition in some cases.
The examination rules, approved by Decree of the Government of the Russian Federation dated June 26, 2008 No. 475, describe several criteria for the driver’s state of alcohol intoxication:
- Corresponding odor when exhaling;
- Signs of inappropriate behavior;
- Incoherent speech;
- Red complexion;
- Unstable posture.
If you do not have any of the above signs, then the police officer cannot make any claims against you. You can also involve your passengers as witnesses if you are transporting someone.
When resorting to the procedure of testing your breath with a breathalyzer, the inspector must follow the following rules:
- Familiarize the driver with the procedure, show the tester, and specifically that it is sealed and the stamp is not damaged, show the corresponding entry in the documents for the tester that the device has been tested and is working properly;
- Take a sample;
- Draw up an inspection report, to which you must attach the data printed on paper by the breathalyzer. When the device does not issue paper with information about the results, this means that this data should not be attached and entered into the report;
- The documents drawn up are signed by the traffic police officer, witnesses, and the person being examined.
If you begin to doubt the proper operation of the breathalyzer or the impartial attitude of the traffic police officer, then you have every right to refuse a breath test.
Then the inspector should still suspend you from driving and send you to a narcologist. We remind you that it is better not to refuse this examination procedure.
An important point is that the inspectors are obliged to take you to the doctor and bring you back, since even a theoretically drunk driver, in their opinion, they do not have the right to allow to drive their car.
The examination report is drawn up in a medical institution by a narcologist in three copies, one of which remains with him, the second is handed over to the police officer, and the third will be yours.
The driver is examined in one of the following ways:
- One of the most accurate methods is a blood test, but it takes time;
- Take urine for analysis. But it should be remembered that since alcohol accumulates in the bladder and is excreted through the kidneys, its concentration in the urine may be higher than in the blood. But this will be visible if you count the ppm to every tenth;
- Hair analysis. Used if there is a suspicion that the detainee has used drugs. Traces of such substances disappear from blood and urine much faster than from hair. They accumulate and can stay there for up to several days. But due to its complexity, this method is not carried out by all medical institutions;
- The Ministry of Health allows the use of other methods.
If your case goes to trial and the verdict is not in your favor, you can appeal the decision. But this must be done within ten days.
You can do this yourself, but since the matter is quite complex, it would be best to seek the help of qualified lawyers who deal with such issues.
Part 3 of the Code of Administrative Offenses of the Russian Federation, a driver who drives a car while drunk and does not have the right to drive a car (including a deprived license), if his actions did not lead to criminal offenses, is subject to administrative liability. This is an arrest for 10-15 days.
Reference! If arrest cannot be applied, then an administrative fine in the amount of 30 thousand rubles is imposed on the person.
You can find out more about the punishment for drunk driving in, and you can read about what the fine is for transferring control of a vehicle to a person while intoxicated.
Repeated violation
What punishment faces a driver driving a car without a license, while drunk, for repeated traffic violations?
If the ban on driving without a license is repeatedly violated, after being imprisoned for drunkenness, the person will be prosecuted on the basis of Article 264.1 of the Criminal Code of the Russian Federation, since he is regarded as a potential murderer.
A person who drives any vehicle while drunk and has previously been imprisoned for drunkenness, or has a criminal record for a crime provided for in parts 2, 4 or 6 of Article 264 of the Criminal Code of the Russian Federation or Article 264.1, at the discretion of the district judge (according to N 509-FZ of December 27, 2018) punishable:
- a fine in the amount of 200 thousand to 300 thousand rubles;
- a fine in the amount of wages (other income) of the convicted person for a period of 1 to 2 years;
- compulsory work for up to 480 hours;
- forced labor for up to 2 years;
- imprisonment for up to 2 years.
Reference:
- Part 2 art. 264 of the Criminal Code of the Russian Federation - a traffic violation committed by a citizen while intoxicated, which led to the infliction of serious harm to human health.
- Part 4 art. 264 of the Criminal Code of the Russian Federation - violation of traffic rules while drunk, resulting in the death of a person through negligence.
- Part 6 art. 264 of the Criminal Code of the Russian Federation - violation of traffic rules by a drunk person, which through negligence caused the death of two or more persons.
Refusal of examination
A traffic police inspector, having stopped a citizen who, in his opinion, was driving a car while intoxicated, is obliged to conduct an examination for alcohol intoxication. This is done on site using a breathalyzer. The permissible dose of alcohol in concentration is up to 0.16 milligrams of absolute ethyl alcohol per liter of exhaled air.
Any citizen has the right to refuse to undergo this procedure. This does not serve as a reason for depriving him of the right to drive transport.
In cases where the test for alcohol intoxication shows that the driver is drunk, or the person driving the car refuses to undergo this procedure, a medical examination procedure is prescribed (for the state of alcohol and drug intoxication). This is done using a blood test. The permissible dose of alcohol in the blood is less than 0.3 mg of ethyl sulfate per 1 liter of blood.
By law, any citizen has the right to refuse a medical examination for intoxication, which is carried out in a specialized institution. However, this automatically amounts to him pleading guilty to an offence.
You can find out more about the driver’s refusal to undergo a medical examination.
Controversial situations on the road
In cases of controversial issues, a citizen can appeal the deprivation of a driver’s license in court. Such controversial issues include:
You can also appeal the report of intoxication by undergoing an independent intoxication test in a third-party laboratory within a few hours after the medical examination.
The results must indicate that no traces of ethyl alcohol or prohibited substances were found in the driver’s blood. It happens that a driver is detained near a vehicle that he was not driving, but was simply drinking alcohol in.
In such a situation, you will have to find witnesses who can confirm that the citizen was in a stationary car in the parking lot. Also, as evidence that the citizen did not drive that day, there may be a video or photo recording of the vehicle.
A statement from a service station stating that this car could not physically be driven for objective reasons serves as a weighty argument in court in favor of the accused driver.
How can a traffic police inspector prove guilt?
A traffic police inspector can prove the guilt of a violator by conducting an examination procedure in accordance with all the rules and regulations of the law. Everything that happens is recorded on video or is observed by 2 witnesses.
- Remove the driver from driving the vehicle by drawing up a protocol (Article 27.12, Part 3 of the Administrative Code).
A copy is given to the driver. The driver does not have to sign the protocol; this is required.
- Offer the driver to undergo an on-site alcohol intoxication test.
The inspector must indicate in the protocol the equipment number and its brand, inspection and certificate data. Provide them to the detainee upon request. If the inspection is refused, the inspector suggests conducting an examination at a medical institution. It is illegal to revoke your license for refusing a breathalyzer test.
- In the presence of the person being tested, remove the breathalyzer tube from the individual packaging.
Device data should be displayed both on an electronic display and on paper.
- Introduce the results to the citizen.
- Draw up an examination report for alcohol intoxication, which indicates the result and must include the signatures of witnesses and exact dates.
Reference! If the indicator is more than 0.16 mg/liter of air and the driver agrees, then an administrative violation report is drawn up and the case is sent to court. If the driver does not agree, he is sent for a medical check.
- The medical examination is reflected in a special act in 3 copies and recorded in a special journal. A medical check of a driver does not require video recording and the presence of witnesses.
If all points are met, the data is reflected in the protocol correctly, then the inspector has proven the offense according to the law.
Requirements for PPMO
PPMO is a mobile medical examination point. Requirements:
The penalties for driving without a license, especially while drunk, are quite severe. A repeated violation is considered a criminal violation. It is quite difficult to prove your innocence, so you should treat this act with full responsibility.
Remember that by not driving drunk, you may save someone's life.
If you find an error, please highlight a piece of text and click Ctrl+Enter.
Some motorists believe that everything is allowed to them, and are very offended when they are stopped by a traffic police inspector. Even deprivation of a license does not stop many drivers from committing violations. Unfortunately, such behavior is fraught with more than just punishment. Thus, driving while intoxicated annually leads to serious situations on the road and numerous tragedies.
Every year, measures to combat drunk drivers and penalties for driving without a license become stricter. The amount of traffic police fines for drunk driving and driving without a license is increasing, and the terms of administrative penalties are being tightened. People die on the roads due to drunk drivers. The worst thing is that among them are not only drivers, but also passengers, and even passers-by, among whom very often there are children.
What should your blood alcohol level be?
Every driver should know what should not be consumed under any circumstances before getting behind the wheel:
- Any type of alcohol.
- Narcotic medications.
- Psychotropic drugs.
A motorist must be punished if ethanol components are detected in his blood or breath. The ethanol vapor level, which is already considered acceptable, is 0.16 mg per liter. To reveal presence of narcotic and psychotropic components in the body, it is necessary to take blood and urine tests.
What fine does a drunk driver receive?
Promille is a measurement indicator and is determined by the amount of ethanol in the blood. Alcohol is eliminated from the body after some time. If a traffic police inspector detects alcohol in the blood, the motorist will have to pay a fine:
The driver needs to know that if his vehicle was used by other people by proxy and they were subsequently stopped for drunkenness by traffic police inspectors, then he will also have to pay a fine of 30 thousand rubles, and deprivation of rights is carried out for two years. Therefore, you need to think carefully before sharing your vehicle with other people, even if they are your very close friends.
A very convenient and reliable way to check fines is the public services platform. As soon as you have entered your license number and last name, a table with old and new fines will appear on the screen. If you are looking for a convenient solution that will always be at hand and notify you every time a fine arrives, then install the Tinkoff mobile application. The program is in high demand among beginners and experienced drivers. This is a proven and convenient way to check and pay traffic fines online.
Tinkoff Bank is considered a reliable and international Russian bank, which has developed a unique service specifically for its clients. The program is downloaded and installed on your phone for free. Now you can find out about any fine without leaving your home. Car debt will no longer be a surprise to you. The program runs on several operating systems:
- Android.
- Windows Phone.
As soon as you install the application, it will activate itself, and you can find out about any fine by car number, surname or license. Even if the fine is from last year, it will still be displayed in the table. Payment can be made using any convenient method. Drivers who are clients of Tinkoff Bank, can use a bank card online. If you use a card from another bank, pay the minimum commission. Tinkoff Bank offers each user a convenient and reliable resource for checking fines by car number, last name and payment. This is a great way to prevent paying a fine and losing your license.
What are the new rules for drunk driving?
Very soon they plan to introduce criminal liability for driving without a license and while drunk. If a drunk driver is caught by a traffic police inspector for the second time or repeatedly evades passing a medical examination, you will have to suffer not administrative, but serious criminal punishment. The amount of debt will also increase. It can amount to 300 thousand rubles, in addition, compulsory community service may be assigned. An offender for driving without a license may receive imprisonment for 2 years.
If people are injured due to drunk driving, then the time of imprisonment increases several times. If the offender knocked down one person, he will have to go to prison for 5 years, if he knocked down several people - for 10 years.
A fine for driving while intoxicated is considered a serious administrative penalty, in which the violator not only loses his ID, but also pays a large fine. You need to follow a simple rule: if you have been drinking, do not drive. This is extremely dangerous not only for you, but also for all participants in traffic rules.
Since 2016, penalties for driving while intoxicated have been toughened. If previously only your ID was taken away, now you have to pay a large fine. Now the deprivation of rights is carried out for 2 years, and payment is 30 thousand rubles. This punishment can also be incurred by a person who allowed a drunk person to get behind the wheel of his car. If a drunk driver is caught a second time, you will have to surrender your license for 3 years and pay a fine of 300 thousand rubles. And in order to get your license back, you will have to retake the driving theory test and pay off all fines in full.
What punishment will a motorist who hits a pedestrian receive?
If a motorist hits a pedestrian while intoxicated, he will face serious punishment. Of course, not only drunk people hit pedestrians, but the state of intoxication significantly aggravates the guilt. It’s good if the pedestrian escaped with abrasions or bruises, then you can get away with fines. But if a pedestrian is seriously injured or killed, the offender is subject to criminal penalties:
- If a pedestrian is seriously injured, the driver without a license is imprisoned for 4 years and his license is taken away for 3 years.
- If a pedestrian dies, the driver is imprisoned for 7 years and his license is taken away for 3 years.
What consequences will the violator face?
If a motorist is at fault and many pedestrians are killed, he will have to serve 9 years or serve corrective labor for five years with withdrawal of the certificate for 3 years. Today, many offenders who run over pedestrians while intoxicated receive suspended sentences. Paying traffic police fines for parking in the wrong place, speeding or driving without a license is considered a serious problem for everyone. As a result, motorists lose money and time.
Today on the Internet everyone will find a huge selection of services and sites with which you can find out online about any traffic police fines. But most of them involves repayment of debt with commissions, which is disadvantageous for the offender. To pay without commission, you need to download and install the Tinkoff application. Drivers can install the program on their phone or tablet for free and use it for their own pleasure.
