What threatens for driving without a license after deprivation for drinking. Penalty for drunk driving without a license Penalty for drunk driving without a license

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What is the penalty for driving without a license after deprivation 2020? Consequences for drunk driving

The traffic police fine for driving without a license after their deprivation in 2020 is

30 000 rubles or arrest for 15 days

Article 12.7.2 of the Administrative Code of the Russian Federation

The traffic police fine for driving drunk after deprivation of rights in 2020 is

30 000 rubles or arrest for 15 days (if the first time they were deprived of not for drunk driving)

Article 12.8.3 of the Code of Administrative Offenses of the Russian Federation

The traffic police fine for drunk driving after deprivation of a license for drunk driving in 2020 is

200,000 - 300,000 rubles or jail up to 2 years

Article 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. Recall for what they can be deprived of rights:

drunk driving;
speeding over 60 km/h;
violation of the rules for crossing railway crossings;
equipping the car with additional devices without special permission;
leaving the scene of an accident;
not providing an advantage to special equipment with the signal turned on;
driving without license plates or hiding them while driving;
re-running a red light;
departure to the “oncoming lane” in violation of the rules.

That is why driving without a license is severely punished: the driver will be fined 30,000 rubles, or arrested for up to 15 days, or compulsory work 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 transport vehicle by a driver deprived of the right to drive transport vehicles -

shall entail the imposition of an administrative fine in the amount of thirty thousand roubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term 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 a car impound.

Driving without a license after drunk deprivation

Drunk driving is a serious crime for a driver, and driving without a license after deprivation is especially. Depending on what the driver was deprived of his rights for, the severity of the punishment for driving without a license after deprivation while intoxicated will depend. Consider two cases:

The driver was deprived of the rights not for drunk driving, but for another traffic violation

The driver was disqualified for drunk driving

In this case, violation of traffic rules by the driver falls under the scope of the criminal code. After all, in fact, the driver again got drunk behind the wheel. 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 subjected 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 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, provided for by parts two, four or six of Article 264 of this Code or by this Article, -

“is punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles ... or by compulsory labor for a term of up to two years.”

At the same time, criminal liability also threatens to refuse a medical examination. You need to understand that the presence of criminal liability leaves certain imprints on the driver: this is an important point when applying for certain positions. In addition, society has an extremely negative view of persons with a criminal past.

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 got behind the wheel drunk after the deprivation of a driver's license, you will face an administrative arrest of 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 in a state of intoxication and does not have the right to drive vehicles or deprived of the right to drive vehicles, if such actions do not contain a criminally punishable act - entails an administrative arrest for a term of ten to fifteen days or the imposition of an administrative fine on persons in relation to whom, in accordance with this Code, administrative arrest cannot be applied, 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 should be carried out, which should reveal the presence of alcohol in the driver’s blood. The survey should be carried out only with 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 pass the examination, he is automatically recognized as drunk.

Remember:

Driving after deprivation of rights is a gross violation. The punishment for this violation is determined by the court. Punishment - from a fine of 30 thousand rubles to criminal liability in case of drunk driving, with all the ensuing consequences. Our editors strongly do not recommend drivers deprived of a driver's license to drive, even when sober.

The court decides to deprive the driver of a car license in the case when the most serious violation has been committed (drunk driving). After all, in this case it would be illogical to add to the already committed another and a new violation committed during the period of suspension of the rights to drive vehicles. The deprivation of a driver's license occurs so that a person does not drive at all, realizes his mistakes, and does not commit violations in the future.

If this does not happen, the punishment becomes even more severe. At the same time, the period for which can be significantly increased. Now let's take a closer look at what threatens for driving without a license after deprivation for drinking.

Driving without a license after deprivation: what threatens for it?

It is important to understand: it is forbidden to drive a car if there are no documents that are defined in clause 2.1.1 of the SDA.

From this official document it can be seen that the driver must have the following documents:

Auto-certificate / temporary permit (issued in case of loss, theft, damage to the rights, or in the case when the driver did not take the document after the deprivation);
Documents confirming the registration of the vehicle (hereinafter - the vehicle);
Insurance policy (OSAGO).

In this case, even before the start of the movement, the driver must make sure that he has all the above documents with him. This is important, since driving a car without a license is an offense (Article 12.3 of the Code of Administrative Offenses) and is punishable by a fine of 500 rubles.

In the case when the driver has the rights, but he forgot them at home or lost them (at the same time he is not in a state of intoxication and has not been deprived of his rights), then he will be removed from driving the car, however, it will be possible to transfer control of the vehicle to a person who has auto ID.

What happens if you drive a car after being deprived of your license for drinking?

A particularly serious violation is the decision of the driver to drive a car without a license, while he was deprived of them for drunk driving.

If the traffic inspector stops the vehicle and checking the documents reveals the absence of one of them, then the fact that the driver received a driving license will be checked (such a check makes it possible to find out why he was previously deprived of his rights). The detection of fraud threatens with serious punishment (established in accordance with part 2 of article 12.7 of the Code of Administrative Offenses of the Russian Federation.

Such punishment may be:

Administrative fine (up to 30,000 rubles);
Arrest (maximum - up to 15 days);
Correctional labor (term 100-200 hours).

Finding out in advance what the punishment will be is impossible, since the type of sanctions applied to the driver, taking into account the severity of the violations committed. However, the troubles do not end there, because according to Part 1 of Articles 27.12 and 27.13 of the Code of Administrative Offenses of the Russian Federation, the driver will be removed from driving the vehicle, and the car itself will be sent to a car impound.

Driving a vehicle while drunk (after being deprived of a driving license for drinking)

If a driver who has already been deprived of a driver’s license earlier is in a state of intoxication and drives a car, then if this fact is revealed (without committing a criminally punishable action - Article 12.8, paragraph 3 of the Code of Administrative Offenses of the Russian Federation), he will be arrested for 10-15 days, however, as and for (Article 12.26, clause 2 of the Code of Administrative Offenses of the Russian Federation).

In the case when, for objective reasons, the arrest of the driver is impossible, then this punishment is replaced by an administrative fine - 30,000 rubles.

Please note that arrest as a punishment cannot be applied to the following categories of people:

Persons under the age of majority (age up to 18 years);
Women with children under 14 years of age, as well as pregnant women;
Disabled people of the 1st and 2nd groups;
intelligence officers;
Military personnel, etc.

The term of administrative detention (3-48 hours) in accordance with Article 27.5, paragraph 1, paragraph 2 of the Code of Administrative Offenses of the Russian Federation will be included in the term of administrative arrest. It starts its countdown from the time the person was delivered (Article 27.2 of the Code of Administrative Offenses of the Russian Federation), and for a drunk driver - from the moment he sobers up.

From the second half of 2015, Law No. 528 came into force, which, by its action, strengthened the responsibility in the field of traffic safety issues on roads. For example, Art. 264.1, which determines the further fate of citizens caught driving while intoxicated (in the event that the period of deprivation of rights for a similar violation has not passed).

This article of the Criminal Code of the Russian Federation provides for the following sanctions for violators:

Fine - 200-300 thousand rubles;
Correctional labor, up to a maximum of 480 hours;
Official ban (up to 3 years) on the implementation of certain types of activities;
Forced labor (maximum term - up to 24 months);
Arrest (imprisonment - up to 24 months).

Investigators of the internal affairs department conduct investigations of such cases, while they consider and then issue the final verdict - the district courts (Articles 31 and 150 of the Code of Criminal Procedure of the Russian Federation).

It is quite clear that a drunk driver at the wheel, while previously deprived of his rights for such a violation, however, as well as refusing to undergo a medical examination, will be the subject of a criminal offense.

At the same time, the presence of a criminal past in such a person is an additional reason for toughening the punishment imposed. It is important to know that additionally guilty drivers will be deprived of the right to drive a vehicle for a period of 36 months.

What will happen for driving drunk on someone else's car without a license after deprivation?

There are situations when a driver, for some reason of his own, cannot drive himself, but asks his acquaintance / friend to take him, having no idea that he had previously been deprived of his license for driving while drunk.

In this case, driving without a license (by a previously deprived citizen) will be punished in accordance with Art. 12.7 (part 3) of the Administrative Code of the Russian Federation. However, the corresponding fine is charged to the owner of the car, who allowed a person without a car certificate to drive his vehicle.

At the same time, the driver himself will also be punished, but already under Part 2 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation.

If the vehicle was driven by a drunk driver, and before that he had already been deprived of a car license for drinking, then such an offender will be punished with arrest for 10-15 days (part 3 of article 12.8 of the Code of Administrative Offenses of the Russian Federation). At the same time, the owner of the vehicle will also face a fine of 30 thousand rubles.

As you can see, the situation when a drunk person, previously deprived of the right to drive for drunkenness, is driving a vehicle is fraught with serious punishment, both for himself and for the owner of the car.

What happens if you ride a scooter while drunk, if you were previously deprived of your license for drinking?

Some people mistakenly believe that if they are deprived of their rights, then they can. A person can get an auto certificate that allows you to drive any other vehicle (for example, not a car, but a motorcycle or scooter) only when you regain your previously withdrawn rights.

So the scooter is legally classified as a low-power vehicle, but you can only drive it if you have a car certificate of the established form.

In a situation where a person was previously deprived of the right to drive a scooter, and later detained by traffic police inspectors while driving while intoxicated, the punishment for such a violation will be as severe as for driving a car while drunk (Articles 12.7 and 12.8 of the Code of Administrative Offenses of the Russian Federation apply, as well as Article 264.1 of the Criminal Code of the Russian Federation). It should be borne in mind that the withdrawal of rights from the driver is carried out not only on a scooter, but also on any other vehicle.

In the case when the scooter was driven by a drunk underage teenager, his parents will be punished for such a violation.

If you find yourself in one of the situations described above, then it will not be superfluous to familiarize yourself with some procedural aspects, namely:

The protocol has been drawn up, but the rights have not yet been taken away: how to drive?

It is important to know that the traffic inspector does not have the right to deprive the driver of the VU. are within the jurisdiction of the judiciary. The deprivation procedure is lengthy, because it involves:

Collection of materials.
Sending the case to court.
Consideration of the case at the meeting.
Making a decision.

After the court decision comes into force, the violator has a 10-day period within which an appeal can be made to higher authorities.

Deprived of rights: can I drive?

On absolutely legal grounds, a person can drive a vehicle until the appeal period expires. However, if the violating driver before the moment the court order regarding deprivation comes into effect, then the punishment for him will be tougher!

In such a situation, a double deprivation of a driving license awaits him (according to Article 32.7 of the Code of Administrative Offenses, the terms of deprivation will be summed up). At the same time, from a legal point of view, there is no repetition of the violation in this case, and, as a result, criminal liability does not arise.

There is one procedural nuance here: the terms of deprivation of rights and administrative punishment may not coincide in their duration. Thus, when picking up an auto-certificate at the end of the period for which it was withdrawn, it is important to remember that the administrative penalty is still in effect. At the same time, the commission of a repeated violation during the period of its action entails already criminal liability.

There is only one way out, and it is quite simple: you can protect yourself from the risk of falling under criminal liability only by completely refusing to drink alcohol before and while you are driving a vehicle.

Regarding the materials of the criminal case, it should be noted that they must contain a copy of the decision on administrative punishment (with a mark on entry into force).

In addition, there must be information about the execution of such a punishment, as well as whether there was an interruption of the term during the execution (Article 31.9 of the Code of Administrative Offenses).

How to return the VU if it was taken away?

The law does not provide for ways to return auto IDs after the court has made a decision to withdraw them and the time limit for appealing such a decision has expired. Here, any return options can be immediately safely attributed to illegal!

It follows from this that in the event that for some reason you have been deprived of your rights, you should refuse to drive the vehicle and not tempt fate. After all, when checking documents, a traffic inspector will quickly reveal the absence of a VU, and then a rather tangible punishment awaits such an unfortunate driver.

It is important to remember and understand the full degree of risk that you expose yourself to by deciding to drive without a license (after deprivation). We are confident that, having objectively assessed the possible consequences, any sane driver will give up the idea of driving without a license!

Thus, driving without a license while intoxicated is a serious administrative violation, which provides for the payment of a large fine as a liability. In particular, the State Duma in the 2nd reading adopted a bill that toughens liability for a repeated violation, which transfers it from a number of administrative to criminal, with all the ensuing consequences. In this article, we will consider what punishment and what penalties for control without rights in a state of intoxication are provided for in 2016, perhaps this is what will make you not drive in this situation.

Without a license and drunk driving - punishment

So, we all know that driving without a license and while intoxicated is a serious violation. However, when the car owner allows them at the same time, in this situation he will have to answer to the fullest extent of the law. To begin with, the traffic police officer is required to conduct a medical examination. In the event that you refuse it, it will automatically equate to the fact that you yourself recognized yourself as drunk.

Today, drunk driving without a license is punishable in accordance with part 3 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation, which entails an administrative arrest for 10-15 days or the imposition of an administrative fine in the amount of 30 thousand rubles.

Important! Witnesses must be present during the medical examination or a video recording must be made.

Penalty for driving drunk and without a license

Art. 12.8 of the Code of Administrative Offenses of the Russian Federation provides that a car owner who is seen driving drunk is subject to penalties. As noted earlier, the amount of this fine today is 30 thousand rubles. It should be noted that under this article of the Code of Administrative Offenses of the Russian Federation, the punishment for drunk driving without a license is provided not only for those who drive drunk, but also for those who allowed another drunk driver to drive. In this situation, you will also have to pay money and say goodbye to the rights for a long time.

Important! In the event that the financial situation of the driver does not allow him to pay penalties immediately, the court may defer payments for a period not exceeding 3 months. But you should know that this measure is allowed only in relation to citizens of the Russian Federation. If a foreigner or a stateless person has been fined, delays are not allowed by law.

For those car owners who, in addition to being drunk while driving, committed an offense that led to the death of citizens, the sanctions were also tightened: the death of 1 person - a minimum period of 2 years; if 2 people die, you will have to sit for at least 4 years.

Drunk driving without a license

If the offender got behind the wheel without a license and while intoxicated re, then you will have to answer before the law in accordance with the Criminal Code of the Russian Federation.

In July 2015, a new rule came into force in the criminal law, which involves punishing drivers who have committed a repeated violation related to drunk driving:

Penalties in the amount of 200-300 thousand rubles;
Compulsory work up to 480 hours;
Two years of forced labor;
Two years in prison.

As you can see, the prospect is completely bleak, so there is only one conclusion - you can’t get behind the wheel of a car while drunk, and even more so drive it without a license.

ATTENTION! Due to recent changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge.