The reality is that more and more drivers are driving drunk in the hope of avoiding responsibility. We agree that only a few succeed.
However, most examples still indicate that a drunk driver causes accidents on the road. Therefore, everyone needs to know what will happen if they drive drunk.
It is noteworthy that penalties for drunk drivers are periodically tightened. This trend is unlikely to change in 2020. As a result, even if you are caught driving drunk for the first time, you must be prepared to bear administrative liability.
In this article:
What is the penalty for drunk driving for the first time?
Many drivers have a question: if they are caught drunk driving for the first time, what will happen? Well, let's try to explain everything.
When a person is suspected of driving in a city, he may face an administrative fine and temporary withdrawal of his license. However, this is provided that the drunk driver did not cause any trouble on the road.
If people were injured, then criminal liability cannot be ruled out. Here everything will depend on the severity of the consequences.
The likelihood of criminal prosecution increases if you are stopped drunk driving a second time. TO what is the punishment and what is the threat in this case? For this it is provided.
First of all, the judge may impose a large monetary fine. Its amount can range from two hundred to three hundred thousand rubles.
Other sanctions may include forced (compulsory) labor, as well as imprisonment for a period of up to two years.
In no case should you justify a driver who gets behind the wheel drunk. However, there are different situations; often, in pursuit of results, traffic police inspectors break the law.
Drunk driving and administrative fine
If caught drunk driving, what are the consequences? On this occasion, Part 1 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation contains very clear instructions. If the driver’s guilt is proven in court, he will face fine 30,000 rubles And for 1.5–2 years.
These sanctions are applied by the court simultaneously. And if the fine cannot be reduced, then the court has the right to reduce the specific period of deprivation of rights (within the above-mentioned period).
For example, there are already decisions of the Supreme Court in which the highest authority reduced the period of deprivation of rights for a driver to a minimum.
Got caught drunk driving again? Administratively, the punishment for driving while drunk twice is increased. In this scenario, the culprit may be threatened with both arrest for 15 days, still the same 30 thousand rubles fine.
In addition, if no punishment is assigned, it is allowed.
Many people who drink alcohol from time to time and have a driver's license have a question about what to do if they are caught driving drunk.
Legislation on drunk driving
The main thing you need to know is that being drunk and driving is prohibited by law. In accordance with clause 2.1 of the Federal Law of December 10, 1995 N196-FZ (as amended on December 28, 2013) “On Road Safety,” citizens under the influence of alcohol, drugs or toxic substances are not allowed to operate vehicles.
If a driver violates this law, he faces administrative punishment under Article 12.8 of the Code of Administrative Offenses of the Russian Federation (CAO RF).
According to the above article, driving a car or other vehicle by a drunk driver or transferring its control to another drunk citizen is punishable by a fine of 30,000 rubles and deprivation of a driver’s license for a period of 1.5 to 2 years. If a person commits the same thing again, the fine will be 50,000 rubles, and the period of deprivation of rights will increase to 3 years.
If the detainee does not have a driver's license and is caught driving drunk, he will be arrested for 10-15 days or will have to pay a fine of 30,000 rubles.
If a person not only gets behind the wheel drunk, but also seriously violates traffic rules, then being intoxicated will be an aggravating circumstance and will increase the criminal penalty.
Algorithm of actions
When the driver is really drunk and caught by the inspector, punishment cannot be avoided. The law against drunk drivers is harsh.
Actions before the examination
If, after a person has consumed alcohol, a sufficient amount of time has passed and only the smell remains, and the traffic police inspector is sure that the detainee is drunk, it is necessary to proceed as follows.
After the inspector has stopped a drunk driver, if there are sufficient grounds to believe that the latter is drunk, he draws up a protocol on his removal from driving.
In accordance with Order of the Ministry of Health of the Russian Federation of July 14, 2003 N 308 “On medical examination for intoxication” (Appendix No. 6) there are a number of criteria that the inspector must follow when making such a decision. This is bad breath, speech impairment, unsteady posture, trembling fingers, red face, inappropriate behavior, etc.
The first thing to do is to clarify by what criteria the police officer determined that the driver was drunk.
After drawing up the protocols, you need to read them carefully and, if you disagree with some points, write about this next to the signature.
It is not recommended to refuse signature, since anything can be written on the protocol without signature. You can refuse the examination in the presence of two witnesses, but this is tantamount to admitting your own guilt, and the court, when making a decision, will be guided by the inspector’s record.
After the examination
The citizen is sent for a medical examination, which will show how much ppm of alcohol is in his body.
In accordance with legislative amendments adopted in the summer of 2013, it is permissible to drive if the concentration of ethyl alcohol is less than 0.16 mg per 1 liter of exhaled air.
This amount of alcohol is provided by some medicines, berries, kvass, kefir, as well as a small amount of alcohol drunk a few hours before the examination.
Based on the results of the examination, the medical institution draws up a report in 3 copies, one of which is given to the driver.
If the examination confirms the state of alcoholic intoxication, then a protocol on an administrative offense is drawn up. In this case, the car will be sent to the impound lot. Since impound parking is very expensive, you can transfer control of the car to another person included in the insurance in advance, before the examination and before drawing up a report on the administrative violation.
Advice from lawyers:
1. I am a military man who was caught driving drunk while off duty and now they want to fire me. How to avoid this?
1.1. Challenge the very fact of driving a vehicle while intoxicated. Or appeal the fact of dismissal through court.
Did the answer help you? Not really
1.2. Hello, try to come to an agreement with the command of the unit.
Did the answer help you? Not really
2. I was caught driving drunk twice.
2.1. iiiiii? What's the question?
Did the answer help you? Not really
2.2. So what, where is that question?
Did the answer help you? Not really
3. A person caught driving drunk is fired from service.
3.1. If you do not agree with the dismissal, file a complaint with the prosecutor's office.
Did the answer help you? Not really
4. I was caught driving drunk again.
4.1. It depends on what period. Both criminal and administrative liability are possible.
Did the answer help you? Not really
5. Got caught driving drunk while on vacation without a license.
5.1. If you do not have a license or are deprived, you will be liable under Part 3, Article 12.8 of the Code of Administrative Offenses of the Russian Federation: “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 are not contain a criminal offense, -
Involves 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 you simply forgot your license, you will be liable under Part 1 of the same article. "Driving a vehicle by a driver who is intoxicated, if such actions do not constitute a criminal offense, -
Incurs 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."
Did the answer help you? Not really
6. The second time I was caught drunk driving, what should I do?
6.1. 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.
Did the answer help you? Not really
7. If you get caught driving drunk, how can you avoid getting a fine?
7.1. Punishment is inevitable.
Even if the driver is caught drunk by the inspector for the first time, he will be punished not only in the form of deprivation, but also a substantial fine “on top of that.” In numbers, driving while intoxicated is punishable as follows: deprivation of driving license from 1.5 to 2 years; fine 30,000
Did the answer help you? Not really
8. What will happen to me if I am caught driving drunk a second time and have an accident?
8.1. What will the judge say in the verdict? Depending on the severity of the road accident, the damage and the severity of harm to the health of the victims, they may give a real time limit.
Did the answer help you? Not really
9. I got caught driving drunk twice, what punishment awaits me.
9.1. This act is subject to criminal liability under Art. 264.1 of the Criminal Code of the Russian Federation.
The following sanctions are provided for this:
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.
Those. up to imprisonment. In this regard, it is necessary to contact a lawyer.
Did the answer help you? Not really
10. I got caught driving drunk 2 times in a week, what awaits me.
10.1. The commission of these offenses entails 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.
Did the answer help you? Not really
11. This is the third time I’ve been caught driving drunk... what are the dangers?
11.1. There is a risk of criminal liability and a fine. They may even send you for a psychiatric examination, because a normal person wouldn’t allow himself to drive drunk even once.
Did the answer help you? Not really
12. Caught drunk driving. This happens to me and the first I can get a soft descent.
12.1. The only thing is that they can assign a minimum period for deprivation of rights, i.e. 1.5 years, this is a minimum, a maximum of 2 years, and a fine of 30,000 rubles, if the documents are all drawn up correctly, then there is practically no chance of avoiding punishment.
Did the answer help you? Not really
12.2. There is no mitigating punishment due to the fact that you were caught driving drunk for the first time. You will be deprived of your right to drive and a fine of 30,000 rubles.
Did the answer help you? Not really
13. If my friend, for the punishment that he was caught by the police drunk driving without a license which he did not have, served 15 days and he is again given two years of free punishment, is it possible to give two punishments after that?
13.1. If you get caught a second time, then you can.
Did the answer help you? Not really
Consultation on your issue
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14. The question is that... 3-4 years ago I was caught driving drunk and received an administrative arrest for 10 days. Will I be able to get a job at the teaching staff now?
14.1. It will work, but not as a driver. You had an administrative case, not a criminal case. And restore your rights.
Did the answer help you? Not really
15. My common-law husband. released on parole. a year earlier. Got caught driving drunk 2 times. No rights. what threatens him.
16. Is it possible to give a certificate of employment to the court (a person was caught drunk driving) and now the court is asking for a certificate of employment, I have an LLC.
16.1. Sergey Nikolaevich! Certificate of actual employment in your LLC? why not, provide it.
Did the answer help you? Not really
16.2. You can issue a certificate, but it’s not clear why the court is asking for it; this certificate will not save you from being deprived of the right to drive vehicles.
Did the answer help you? Not really
17. Hello good people, please give me some advice. This is the problem, I was caught driving drunk on December 10th, the trial was on December 25th and before the trial on December 24th I was stopped again while intoxicated. Will I be sent to prison? And what punishment awaits me?
17.1. No, they won't go to jail. Considering that the first resolution did not come into force at the time the offense was committed, then imprisonment for 2-3 years and a fine of 30 thousand.
Did the answer help you? Not really
17.2. In principle, the second time you were caught before punishment for the first. The second time they will most likely add an additional period of deprivation of rights.
Did the answer help you? Not really
18. Article 264 note 1. My brother was caught driving drunk, and without even having a driver’s license! He was given 1.6 months. free settlement. Is it possible to file an appeal to have the term reduced? And what are the chances? But at the same time he has another article 228 part 1
Are there any chances of being released on parole?
18.1. If the 10-day deadline for appealing the verdict has not been missed, then your brother or his lawyer has the right to file an appeal against the verdict. If the deadline is missed for good reasons, for example, untimely production and half-submission of the sentence, a petition for restoration of the percentage is submitted along with the complaint. Deadline for filing an appeal. As for parole, it is necessary to look at when the deadline for the convicted person to submit this application and at the characteristics of the convicted person.
Did the answer help you? Not really
19. In 2012, I was caught drunk driving, I didn’t have a driver’s license, in 2017 I received a license, in 2018 I was caught drunk, what will happen to me.
19.1. You will be held administratively liable if you have passed the examination, then the Code of Administrative Offenses 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
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. If you refuse, then 12.26, the consequences are the same.
Did the answer help you? Not really
19.2. There is no criminal liability for your actions. You will be held administratively liable.
Code of Administrative Offenses 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, -
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.
Did the answer help you? Not really
20. In 2012, I got caught drunk driving, it didn’t happen, now I got caught again, but with a wow, what’s wrong with me.
20.1. For a repeated hit, criminal liability is up to 2 years.
Did the answer help you? Not really
21. The second time I was caught drunk driving, the first sentence did not pass because I didn’t give a provo, can I go to jail with salt?
21.1. They won't go to jail. But administrative arrest can be applied.
Did the answer help you? Not really
22. Regarding Article 264.1 (a fine of 200,000 and imprisonment for 2 years), I paid the fine immediately, if I get caught driving drunk again, what article will I face? 2 years have passed since the fine was paid, 3 months have passed since the receipt of the driving license.
22.1. In such a situation, everything will start all over again in a circle. If you get caught, then first administrative responsibility under Article 12.8 of the Code of Administrative Offenses of the Russian Federation, if after that you get caught again within a year, then Article 264.1 of the Criminal Code of the Russian Federation.
Did the answer help you? Not really
23. I was caught driving drunk (4 months have passed since I received my driving license after being deprived of my license; I was deprived of it under Article 264.1 - repeat) and now a report on an administrative offense under Article 12.8 has been drawn up. What should I expect now, will the court on an administrative case or the traffic police convert it to a criminal one?
23.1. Now there will be no repetition under Article 264.1 of the Criminal Code of the Russian Federation. There will be administrative punishment under Article 12.8 of the Code of Administrative Offenses of the Russian Federation.
Did the answer help you? Not really
23.2. If you are repeatedly held accountable for driving while intoxicated within a year, it is already Article 264.1 of the Criminal Code of the Russian Federation. Traffic police officers will transfer the material to the inquiry; administrative proceedings are terminated on the second fact in connection with the initiation of a criminal case, of which you will be notified.
Did the answer help you? Not really
24. I was caught drunk driving for the third time and the car was taken to the impound area as evidence of the car being registered in the name of my wife. How to pick it up?
24.1. Vyacheslav Fedorovich
Based on your question, they will most likely initiate a criminal case under Article 264.1 of the Criminal Code of the Russian Federation
During the investigation, your wife will need to contact the investigator with a request to issue the car to her, as the owner, for safekeeping.
But in any case, the investigator has the right, but not the obligation, to hand over the car.
Did the answer help you? Not really
25. What threatens me? I got caught the second time, the first time I got caught drunk, I didn’t show my license, I didn’t pay the fine, almost two years passed, I got caught again not sober at the wheel?
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:
- Specific odor from the mouth.
- Incoherent speech.
- Redness of the face, which is characteristic of a drunk person.
- 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 jail.