What are the consequences of driving without a driver's license after deprivation? For repeated drunk driving, criminal penalties are introduced: Driving while drunk without a license.

Legislation has tightened sanctions for such frequent violations, like driving without a license and driving while intoxicated. The consumption of alcoholic beverages is taking catastrophic turns, and as a result - an irresponsible attitude to this problem on the part of the participants traffic. Drivers will no longer be able to get by with just a fine; now criminal liability also comes into force. There is a small peculiarity regarding determining the culprit - if among the drivers road accident participants If someone was drunk, then he automatically becomes responsible for the incident.

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Article for drunk driving without a license

A drunk driver driving, and even without a license, will receive punishment under Article 12.8. Clause 3 of the Code of Administrative Offenses of the Russian Federation, which includes a list of relevant violations, but with clarification - if the actions were not of a criminal nature. If the court makes a decision to confiscate the license, the driver must submit the document to the traffic police department or appeal the verdict within ten days.

Did you know? In Russia, driving on the road on the right was actually introduced under Empress Elizabeth in 1752.

If neither one nor the other was fulfilled, the sentence is extended. According to this article, the driver can either be arrested for 10–15 days or given a fine of 30,000 rubles. Also, by court decision, the driver can be registered with a narcologist.

Punishment for driving while intoxicated

The Russian government's focus this year has been on the number of incidents involving drunk drivers. The standard fine is 30,000 rubles. with deprivation of the ability to drive a car for up to two years. However, since June 2019, Russia has adopted a law that equalizes the severity of road accidents involving a drunk driver, resulting in death, with premeditated murder.

Punishment terms for such accidents have been changed:

causing harm to the health of a citizen as a result of an accident - from 3 to 7 years (was up to 4 years); an incident with a fatal outcome - from 5 to 12 years (was from 2 to 7 years); in the event of the death of two or more persons - from 8 to 15 years old (was from 4 to 9 years old).

A proposal was also put forward to confiscate a car at the time of arrest for drunk driving. To get your license after the documents are confiscated, you will have to take the exam again at the traffic police and pay off all fines in full. In all of the above cases, the driver of the vehicle, in addition to imprisonment, is deprived of the ability to independently drive a car for up to three years.

Is it possible to drive without a license if you forgot it at home?

Punishment for driving without a license after deprivation

What is the penalty for repeated drunk driving?

Fine for drunk driving

If the driver does not want to undergo the examination, then he is legally treated as a drunk person and is subject to the same punishment. Changes, or rather additions, have been introduced to the method for determining the amount of alcohol in the blood. If a drunk driver is unconscious, a blood test is taken from him. A negative indicator would be the detection of 0.3 g of alcohol per liter of blood (one bottle of beer or a glass of vodka).

This determination method is necessary to record the state of intoxication directly at the time of the incident if the driver cannot physically pass the examination in the previous way. Previously, without this innovation, many drivers managed to evade responsibility for road accidents.

The fine must be paid within 60 days, and this type of violation does not qualify for a 50% discount, as for some others. Also Insurance Company, most likely, provides for the denial of compensation for such incidents.

Punishment for driving without a license

Almost every motorist found himself in a situation where his license remained at home, and, not considering this fact a serious problem, he continued his movements that day. However, this fact is one of the serious violations of traffic rules. The standard sanction for such driving will be an amount from 500 to 30,000 rubles. depending on the complexity of the situation.

However, there are a number of cases:

The driver will pay 500 rubles for documents left at home, but it will no longer be possible to continue driving in his car, the car will be towed (you can arrange for the documents to be delivered, then the car will not be towed). If the driver does not have a document at all, or they do not contain the desired category, or their statute of limitations has expired, then you will need to pay from 5,000 to 15,000 rubles, the driver will lose the opportunity to drive, and the car will be moved to a special site. Instead of a financial solution to the issue, there is an alternative - from 100 to 200 hours of work or detention for 15 days. Driving a car after deprivation of your license is fined 30,000 rubles. Let a passenger without a license drive - 3,000 rubles. is removed from the car owner.

In all of the above situations, the car will be detained and moved to a special parking lot. And these are completely different expenses, because the process of moving your car on a tow truck is paid for by the offender, for example, in Moscow this procedure costs from 3,000 to 7,000 rubles. depending on engine power. It is also prohibited to use documents with inaccurate information; this is an administrative violation.

Important! Confiscation of a car also entails driving with a license that is invalid due to the statute of limitations (the same as driving without documents).

For example, incorrect surname, etc., the only exception will be women who changed their surname during marriage, but only within 30 days from the date of marriage. In many ways, the inspector himself decides whether to punish the driver or get by with a simple warning (applies to the situation with forgotten at home rights). Most often, a calm, correct offender will be given the opportunity to correct the annoying situation and prevent it from happening in the future. It also happens that a person is forced to drive, for example, when there is a need to urgently take someone to a medical facility or provide quick assistance.

Driver drunk and without a license

Driving under the influence of alcohol and without documents is fined in the amount of 30,000 rubles. or imprisonment for 15 days, and the inspector may deprive the person of further driving (the car will be confiscated). At the time of determining the degree of intoxication (in Russia the limit is 0.16 ppm in exhaled air and 0.35 in the blood), witnesses must be present and video recording must be made. Modern breathalyzers do not allow the driver to deceive the device. The lack of rights at this moment can be for various reasons, and each of them has its own punishment.

According to statistics, over the past year in Russia, 11% of the total number of accidents occurred due to the fault of an intoxicated driver. The number of accidents involving persons driving without a driving license does not look good either. Punishment for such gross non-compliance with the rules today apparently does not frighten violators, and in this regard, the adoption of a bill to tighten sanctions when resolving such issues has been put up for discussion.

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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

Article 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

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

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. 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;
• abandonment accident scene;
• 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, -

entails imposition administrative fine in the amount of thirty thousand rubles, or administrative arrest for a period of up to fifteen days, or compulsory work 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:

1. 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, the violation Traffic regulations by driver falls within the scope of 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 drive drunk after being deprived 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 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.

Do you want to take a test based on the article after reading it?

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The period can be quite long. And the temptation to get behind the wheel in such a state is great for many. However, citizens who find it difficult to get out of the habit of driving their car should know what the offender faces if he decides to drive without driver's license. There are two options here:

• The driver, caught not sober and deprived of his license for this, got behind the wheel again.
• The offender, who had already been deprived of his driver's license for drunkenness, got behind the wheel again while not sober.

What is the penalty for driving without a license?

It is prohibited to get behind the wheel of a car without the documents established by clause 2.1.1 of the traffic rules. Mandatory documents for the driver are:

• Certificate or Alternative option– a temporary permit that can be issued if a license has been lost or stolen, or the driver still has not taken the license after deprivation.
• Vehicle registration documents.
• OSAGO policy.

The driver must make sure that they are available before driving.

Note! Driving a car without a license is an offense under Art. 12.3.1 of the Code of Administrative Offences, for which punishment is provided - a fine of 500 rubles.

If a citizen has a license, but simply forgot it at home, lost it or otherwise lost the document, and the driver is sober and not deprived of the right to drive, he will be removed from driving the car, but this does not cancel his right to transfer control to a person who has a driver’s license. .

Gets behind the wheel of a car without a license, if the driver was previously deprived of one for drunk driving, it's doubly dangerous.

Having stopped a vehicle whose driver was driving without the documents specified in the law, the traffic police inspector will check whether the driver has received a license. And if during such a check it turns out that he was previously deprived of his rights, then the punishment will be completely different. It is established by Part 2 of Art. 12.7 Code of Administrative Offenses of the Russian Federation:

• Administrative fine (its amount is 30,000 rubles).
• Arrest up to 15 days.
• Correctional labor for a period of 100-200 hours.

If traffic police officers establish that control of the car was transferred to such a person, then the owner of the car will face a fine in the same amount.

Important! In order to bring to justice a person who drove a car without a license and impose a punishment on him, there must be a court order by which he was deprived of his rights.

Driving after being disqualified while drunk

In July 2015, Law No. 528 came into force, strengthening responsibility in the field of road safety. In particular, another article 264.1 was added to the Criminal Code of the Russian Federation, which determined what will happen to citizens who are caught driving drunk if the period of deprivation of rights for this violation has not passed.

It provides for the following sanctions:

• Fine from 200,000 to 300,000 rubles.
• Correctional work, which will have to be carried out for up to 480 hours.
• A ban on certain activities for three years.
• Forced labor, which can last up to 2 years.
• Imprisonment for up to 2 years.

Such cases are investigated by police investigators and considered by district courts (Article 31.150 of the Code of Criminal Procedure of the Russian Federation).

Thus, a drunk driver behind the wheel who has previously been deprived of his license for the same violation or who refused to undergo a medical examination is the subject of a criminal offense.

The presence of a criminal past in such a person is another reason to tighten the punishment. In addition, offending drivers will be deprived of their license for an additional 3 years.

Procedural subtleties

Persons who find themselves in a similar situation may be interested in some of the procedural nuances of this procedure. For example, how to drive if a report has been drawn up, but the license has not yet been taken away.

In this case, you should know that the traffic police inspector does not deprive the driver of his rights; this is the competence of the judicial authority. First, case materials are collected and sent to the court. After this, a court hearing is scheduled, at which the court reviews them and makes a decision. After it comes into force, the violator will have a period to appeal to a higher authority (10 days).

Is it possible to drive if your license has been revoked? Until the appeal deadline expires, the potential violator can still drive the car legally.

Note! If the violating driver gets behind the wheel while not sober again before the deprivation order comes into effect, he will face double punishment.

In this case, he will lose his rights twice, and the terms of deprivation are summed up in accordance with the requirements of Art. 32.7 Code of Administrative Offences. However, in this case there will be no repetition of the violation, and, therefore, criminal liability will not arise.

One more procedural subtlety should be taken into account. The terms of administrative punishment and deprivation of rights may not coincide, and therefore, when taking away rights after the end of the period for which they were withdrawn, it should be remembered that the administrative punishment still lasts. Repeated violations during this period will result in criminal liability.

Getting out of this situation is quite simple - in order not to expose yourself to the risk of criminal liability, you should not drive while intoxicated!

Important! The materials of the criminal case must contain a copy of the decision on the imposition of an administrative penalty, which must contain a mark indicating its entry into force. In addition, it must contain information about the execution of the administrative punishment and whether the statute of limitations was interrupted during its execution (Article 31.9 of the Administrative Code).

Is it possible to return the rights after they have been taken away? Legal way return them after the court makes a decision and the appeal period expires, no. There is only one way out - to wait until the period of deprivation ends. It is better after the full expiration of the sentence and never get behind the wheel like this again. All other workarounds are outside the legal framework.

Unfortunately, every year in Russia from 20 to 30 thousand people die on the roads, and about ten times more are injured. A significant part of this sad statistic is due to the fact that drivers are intoxicated behind the wheel. That is why government bodies they are fighting against people who drink and drive – and the punishment here can be quite severe.

Let's figure out what awaits a drunk driver - and what to do if you are unfairly accused of driving "under the influence."

○ Drunk driving without a license. Punishment, fines and consequences.

First of all, let's look at what type of drunk is considered. There are now a lot of rumors and speculation in this area - from “one drink will not show anything on the breathalyzer” to “if you drank kefir, your license could be taken away.”

The rumors are partly true: until recently, the “zero ppm” principle was in effect in Russia. This meant that there should be no alcohol in the exhaled air or in the driver’s blood. However, since 2013, the rule has been canceled, and Art. 12.8 of the Code of Administrative Offenses of the Russian Federation has been amended accordingly. Now the device is required to record the dose ethyl alcohol more than 0.16 mg per liter of air exhaled from the lungs. The changes are due to the fact that:

• This is exactly the error that most breathalyzers have.
• Alcohol is actually part of metabolism. It is always present in trace quantities in humans - and therefore “zero ppm” turned out to be completely unrealistic.
• Some products (kefir, brown bread, non-alcoholic beer) when consumed can cause false alarms - but from any quantity the dose will never reach 0.16 mg per liter of air.

We must remember: minimum doses apply only to alcohol. Other psychoactive substances (narcotics, toxic substances, etc.) must still not be contained in any dose. However, opiates, cannabinoids and other compounds of this type are not synthesized by the human body in any form, and if they are found in the blood, it means the driver used them.

What awaits a drunk driver whose device shows an excess dose of alcohol?

First of all, he will have to say goodbye to his rights. Part 1 art. 12.8 of the Code of Administrative Offenses of the Russian Federation clearly states: the punishment for driving a car or other vehicle while intoxicated is deprivation of rights for a period of 1.5 to 2 years. The second punishment in this case will be a fine. Unlike deprivation of rights, there is no “fork”, that is, a range within which a choice of punishment is possible: in any case you will have to pay 30 thousand rubles.

Exactly the same consequences await a person who is sober himself, but let a drunk drive. Part 2 art. 12.8 of the Code of Administrative Offenses of the Russian Federation is no less harsh: the punishment will be absolutely the same as if the owner of the car or its driver, who allowed a drunk to drive, himself drank while driving. The same 30 thousand fine and deprivation of rights for the same period.

Some drivers, having lost their license, may decide that now they are knee-deep in the sea: what can they be deprived of if the punishment has already taken place?

But it’s not worth repeating the same violation: if the traffic police detains a person who has already been deprived of his rights, and even drunk, then he will face a second punishment in the form of arrest for a period of 10 to 15 days. If, for some reason, the driver cannot serve the arrest, he will again face a fine, and again for 30 thousand rubles. However, this only applies to those cases where the license was not taken away for drunkenness. Why - this will be discussed later.

Let us note in passing that punishment can await not only a drunk driver, but also someone who drinks after an accident. Even if you were in an accident, miraculously survived, your nerves are on edge and you urgently need to calm down somehow - you cannot drink a single gram of alcohol before being examined by a narcologist. The traffic rules clearly prohibit doing this - and here the rules of Part 3 of Art. 12.27 Code of Administrative Offenses of the Russian Federation. The punishment will be the same as for drunk driving: without a driver's license for one and a half to two years - and a fine of 30 thousand.

○ The future of drink-and-drive.

The latest changes to legislation regarding the consequences of alcohol consumption by drivers occurred in 2015. It was then that the Criminal Code of the Russian Federation was supplemented with Art. 264.1, according to which the repeated detention of a drunk driver who had previously been deprived of his rights under Art. 12.8 of the Administrative Code, turns the case from administrative to criminal. In this case, the culprit will face a more severe punishment - a fine of at least 200 thousand rubles, up to imprisonment for up to 2 years. The period of deprivation of rights, by the way, in this case will increase by another 3 years.

There are no plans for a new tightening of liability measures in the near future, but you can’t make any guesses here: a new bill can be introduced at any time and be approved, signed and come into force in a few months.

Therefore, it should be an absolutely strict rule for every driver: if you drink at least a little, forget about driving for the next 8-10 hours.

Now let's talk about what to do if you are stopped by a traffic police inspector and accused of driving while intoxicated.

First of all: do not refuse to undergo examination under any circumstances! Even if you are in a hurry and do not want to waste time with a narcologist, refusal to undergo treatment is punishable under Art. 12.26 of the Code of Administrative Offenses of the Russian Federation is exactly the same as drunk driving itself. Even if you then go to a narcologist yourself, donate blood or urine and it turns out that you were absolutely sober at the time of drawing up the report, you will still face a fine of 30 thousand and deprivation of your license for 1.5-2 years.

But don’t agree to admit that you’re drunk. A fairly common trick of inspectors is the argument: they say, confess yourself - and then you will only pay a fine, but will not be deprived of your rights. Alas, the Code of Administrative Offenses of the Russian Federation leaves no choice: even if the judge sympathizes with you with all his heart, he is obliged to deprive you of your rights. The maximum that can be achieved here is deprivation for one and a half years, not two years.

If the inspector used his breathalyzer, the device showed the notorious 0.16 mg per liter, but you know for sure that you didn’t drink today - ask for a referral for an examination in a hospital with a narcologist. An automatic device, even one that is properly configured and sealed, can malfunction, but analysis in the laboratory practically does not give false positive results.

Remember also in what cases the inspector has the right to suspect you of drinking alcohol. The inspection rules approved by Decree of the Government of the Russian Federation dated June 26, 2008 No. 475 give five clear signs:

1. The smell of alcohol in the exhaled air.
2. Unstable posture.
3. Impaired speech.
4. Sudden change in complexion (usually redness).
5. Inappropriate behavior.

If you do not observe any of this, the inspector has no right to cling to you. Witness testimony can help you here if you are not alone in the car.

The examination itself using the device is carried out in the following order:

• The inspector introduces the driver to the procedure, demonstrates the device, the whole brand or seal on it, as well as a certificate or entry in the passport stating that the analyzer device has passed verification and is now in working order.
• A sample is being taken.
• An inspection report is drawn up. A paper copy of information printed by the device must be attached to it. If a breathalyzer does not record the results of the analysis on paper, it cannot be used, and the results of the analysis should not be included in the report.
• The documents are signed by the inspector himself, the witnesses, and the person being examined.

If you have doubts about the serviceability of the device or the impartiality of the inspector, you can refuse to have the device examined. But in this case, the traffic police inspector is obliged to remove you from driving the car and refer you to a narcologist.

By the way, the traffic police officers themselves must take you and bring you back: they have no right to let a driver suspected of drinking alcohol behind the wheel of his own car. The narcologist himself (a doctor or a paramedic who has completed special courses) draws up his examination report in 3 copies: he keeps one, gives the second to the traffic police inspector, and the third must be given to the driver.

Examination in a medical institution is carried out using one of the following methods:

• Blood analysis. This option is quite accurate, but not too fast.
• Analysis of urine. This is where problems can arise. The fact is that due to the excretion of alcohol through the kidneys, its concentration in the urine can be higher than in the blood: in the bladder it stops being broken down and accumulates. However, the difference here is noticeable only at threshold values, when every tenth of a ppm is taken into account.
• Hair analysis. This method is used when drug use is suspected. Unlike blood and urine, traces of drug-containing drugs from hair do not disappear anywhere. for a long time– and therefore they can be detected even after a few days. However, such an analysis is too complicated and is not carried out in all medical institutions.

Other methods approved by the Ministry of Health of the Russian Federation can also be used.

But let’s say the case went to court, and the decision was not in your favor. Is it possible appeal the fine? Yes, you have ten days to do this. However, here it is better to contact a lawyer specializing in protecting the rights of motorists. Appealing court decisions is a rather complicated issue, and therefore it is better not to risk it.

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

Article 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

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

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. 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:

1. 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.