Issue of rights after deprivation for drunkenness. What to do if you are deprived of driving license for alcohol

Every driver knows that driving a car in a drunken state is against the law. He knows about the punishment for this. So, if you got drunk for the first time, then you risk being left without rights for a maximum of two years, for the second time - say goodbye to your driver's license for three years, and you may have to go to jail for two years. In addition to the deprivation of rights for a long time, large monetary fines are also charged for violations of this kind. If the driver got behind the wheel drunk for the first time - 30,000 rubles, and if this happens again - up to 300,000 thousand rubles. However, every year thousands of motorists are deprived of their rights precisely because of driving while drunk. This reason is one of the most frequent traffic police inspectors in reports.

Of course, to remain without a driver's license and turn into a pedestrian is very unpleasant, and violators want to get him back as soon as possible. Unfortunately, today the return of rights after deprivation for drunkenness is possible only after the period of deprivation passes. Anyone who promises to return the rights ahead of time for the money simply lies. Appealing for help to such fraudsters, you risk not only losing your money, but also being prosecuted. So we advise you not to lose your head, accept the fact of deprivation of rights and calmly wait for the day when you can pick them up. You can calculate the day of obtaining rights by adding 10 days to appeal, your term of deprivation and one more day to the date of the court ruling. That is, if the court decided to leave you without rights for the year of September 5, 2015, then on September 16, 2016, you will already get them back.

How to pick up the right after being deprived of drunkenness

The algorithm for obtaining the rights for drunk driving is exactly the same as in other cases of deprivation of rights. The only exception is the mandatory medical examination and obtaining a medical certificate of the appropriate sample.

For your convenience, we consider step by step the procedure for returning a driver's license.

• Step 1. Calculate exactly the expiration date. How to do this is discussed above.
• Step 2. Go through a medical examination. For drivers deprived of drunkenness, this item is required, for the rest - no.
• Step 3. Provide the traffic police department in which your rights are stored, all the necessary documents (a copy of the court decision, a certificate of medical examination, a passport and a document issued to you in this traffic police department when you checked in).
• Step 4. Pass the theoretical part of the SDA exam. From September 2015 this item is mandatory. You have the right to pass the exam after half of your term of deprivation is left behind.
• Step 5. Pay all your fines for traffic violations.
• Step 6. Get your driver's license.

Let's sum up.

• First, the return of rights after deprivation for drunk ahead of time is impossible.
• Secondly, all offers to return the rights for the money - pure fraud.
• Thirdly, after the period of deprivation has expired, you can return your driver's license only by completing a series of specific actions (see step-by-step instructions).

We hope that, having read this article, you will think a hundred times before you get drunk behind the wheel. Otherwise, it will be very, very difficult to get your rights back.

Hello Vyacheslav.

No, you are not obliged to take traffic regulations, because the law came into force on 01/09/13. and, accordingly, only those who are deprived after the deadline must pass.

The law is not retroactive.

"Electronic journal" ABC of Law ", 02/10/2015
  HOW A DRIVER CERTIFICATE IS RETURNED AFTER THE LENGTH OF THE LENGTH?
the procedure for returning a driver's license depends on when an administrative penalty was imposed in the form of deprivation of the right to drive a vehicle - until 01.09.2013 or after. From 01.09.2013 a new procedure was established for returning a driver's license (part 4.1 of Article 32.6 of the Administrative Code of the Russian Federation; art. 4 of the Law of 23.07.2013 N 196-FZ). It applies to persons deprived of the right to control the vehicle after 01.09.2013 (part 2 of article 1.7 of the Administrative Code of the Russian Federation; question 4 of the Review of judicial practice approved by the Presidium of the Supreme Court of the Russian Federation on 01.09.2014). To return the driver's license upon expiration the following algorithm.
  Step 1. Determine the expiration date of the deprivation. The deprivation begins to run from the day the court decision on the imposition of an administrative penalty in the form of deprivation of the right to control the vehicle comes into force (Part 1 of Art. 32.7 of the Code on Administrative Offenses of the Russian Federation). after you get his copy on hand. During these 10 days you can appeal against the decision (part 1 of article 30.3, article 31.1 of the Administrative Code of the RF).
Example. Determining the date of expiration of the deprivation of a driver's license. The court was held on March 10, the decision you received on March 15, the term of deprivation of four months. If you do not appeal this ruling to a higher court, then on March 25 the ruling will come into force, March 26 is the first day of the deprivation, on July 26 you can pick up your driver's license.
  Note! If the driver's license was not withdrawn when a violation was filed, and you did not surrender it or did not report a loss within three days after the court decision entered into legal force, the period of deprivation of the right to drive is interrupted until the day it is handed over or withdrawn or before the traffic police received it statements about his loss (part 2 of article 32.7 of the Administrative Code of the RF).
  Step 2. Determine in which traffic police department your driver's license is located. A driver's license can be obtained from the traffic police department that executed the deprivation of rights (you can find its name in the resolution itself). You can also get a driver's license in any traffic police department. To do this, 30 days prior to the expiration of the deprivation, contact the traffic police unit that executed the court order, with a statement stating which department you need to send your certificate (Clause 5, 6 of Regulation No. 1191). The application can be submitted to paper carrier or in electronic form (clause 6 of Regulation No. 1191). Further proceed depending on the time the sentence is imposed.
  Step 3.1. If the punishment was set before September 1, 2013, contact the traffic police department with a passport. You are required to issue a driver's license at your request within one working day (part 4 of article 32.6 of the Administrative Code of the Russian Federation in the edition of the Law of 24.07.2007 N 210-ФЗ ).
  Step 3.2. If the punishment was imposed after September 1, 2013, pass the test for knowledge of traffic rules. To return your driver's license, you need to pass a road knowledge test in the form of a theoretical exam in the traffic police division (Section 2 of Regulation No. 1191). You can take the exam at any time after the expiration of half the term of deprivation of the right to control the vehicle (clause 3, 4 of Regulation No. 1191).
  Note! A person who does not pass the test can pass the test again no earlier than seven days from the date of the previous check (clause 4 of Regulation N 1191).
Step 4. Pay the arrears of penalties for traffic violations (part 4.1 of Art. 32.6 of the Administrative Code of the Russian Federation). If the obligation to pay the fine is established by a decree that was not enforced within two years from the date of its entry into force, pay such a fine not necessary (Part 1 of Art. 31.9 of the Administrative Code of the Russian Federation).
  Step 5. Prepare documents. To obtain a driver's license after deprivation of the right to drive a vehicle, you must submit: - a passport or other identity document; - a medical conclusion about the presence (absence) of the driver of the vehicle medical contraindications, medical indications or medical restrictions to vehicle management, issued after the termination of the right to control the vehicle, if the driver is deprived of the right to drive the vehicle for driving while intoxicated (part 1, 4 of article 12.8 of the Administrative Code of the Russian Federation), for refusing medicine for a state of intoxication (part 1 of article 12.26 of the CAO RF), for the use of alcoholic beverages, narcotic or psychotropic substances after an accident (part 3 of article 12.27 of the CAO RF) (part 4.1 of article 32.6 of the CAO RF; clause 7 Regulation N 1191).
  Step 6. Submit documents to the traffic police unit. The above list of documents for returning a driver's license is exhaustive. The requirements of the traffic police officer to submit other documents are illegal. The driver's license is returned on the day of appeal (clause 5 of Regulation No. 1191).
  Note! The legislation establishes a three-year storage period for a driver's license after the expiration date. If after this period you do not come for the rights, they will be destroyed (part 5 of article 32.6 of the Administrative Code of the RF).
  The material was prepared with the assistance of the Group of Companies "Analytical Center"

Participating in the movement on the roads, no one participant can be completely sure that troubles will bypass his side. Quite a hard part of the case is the deprivation of a driver's license. According to Rosstat in 2015, about 1 million were deprived of a driver's license in Russia. 450 thousand people But since the change of legislation in 2016, the number of people who lost their rights has decreased slightly. If in the first quarter of 2015 450 thousand people were deprived of their rights, then in the first quarter of 2016 426 thousand people were deprived of documents.

Deprivation of rights

Not only the tightening of the law, but also the rules for the expropriation of VU received many justifications in the new law. So, in the first quarter of 2016 in Moscow, deprivation of rights was made on the basis of the following violations.

Appeal to lawyers

Very often, drivers oppose the charges against them. In this case, they refer to insurmountable obstacles to the observance of the rules, the actions of other participants in the movement and the unlawful actions of inspectors.

Most drivers turn to lawyers. In this case, up to 75% of all citizens can count on the return of rights by decision of the judiciary.

Punishment in the form of an LP can last from 1 month to three years.

1. Appeals under article 12.2 p.2 (for controlling a passenger car or other vehicles without registration numbers) and article 12.17 p.2 about failure to provide a lane when driving a vehicle with flashing beacons or color graphic schemes and specialized sound signals leads to the withdrawal of rights up to 3 months . Due to competent and timely action of lawyers, 50% of all drivers were returned to their rights.
2. For a period of 4 months, drivers who have allowed the movement of large-sized cargo with dimension violations are deprived of their rights. As well as drivers who drove at prohibition signs of a traffic light or when barriers are lowered. The return of rights was carried out about 70% of all cases.
3. Until six months, drivers are deprived of their rights under clauses 12.9 clause 4, 12.21.1 of clause 12.15. Clause 4, 12.21.2 p.1. This includes:

Slight speeding (not more than 80 km / h),

The absence of special documents during the transportation of oversized or oversized cargo,

Work with hazardous substances without special training or transportation of hazardous substances without special equipment installed on the vehicle.

The work of lawyers on the above points helped to restore the rights of about 85% of all drivers who applied to a lawyer.

4. It is possible to lose a certificate from six months to a year under Article 12.5 of Section 3 for violations in equipping a vehicle with light-transmitting equipment that does not meet the requirements of the main points for the admission of vehicles to use. Timely access to lawyers helps save the rights of 53% of all drivers.
5. One can lose rights for 1 year under Article 12.10 of clause 3 for repeated sins under Articles 12.10p.1, that is, travel under a barrier or under the prohibitive light of a semaphore. Here the work of lawyers will help save the situation in about 65% of cases.
6. Up to 1.5 years, drivers under articles 12.24p.1, 12.27 p.2, 12.5p.6, 12.5 p.4 lose VU. These are articles for the light damage to the health of a pedestrian or driver, leaving the scene of an accident, drawing on board a car of inappropriate colorographic marks and flashing beacons. Lawyers help to return the rights on these items to approximately 62% of the participants in the movement.
7. For 2 years, drivers are deprived of their rights under articles 12.24 p.2, 12.26 p.1, 12.27 p.3, 12.8 p.1, 12.8p.2, 12.5 p.5. They include causing moderate harm to a participant in the movement, refusing a medical examination, for using alcohol or psychotropic substances immediately after committing an accident, using unauthorized light-sound signals and operating the machine while intoxicated. 78% of drivers can get back.
8. The longest period of seizure of VU is provided for repeated violations of. Rights are withdrawn for 3 years and a fine of up to 50 thousand rubles is imposed. In this case, the help of a lawyer is effective for 64% of drivers.

Self-defense of one’s own interests does not usually bring such brilliant results. On average, it is 5-8% return.

Some refund methods

In any case, if there is a threat of deprivation of rights, do not give up. In the case of a successful defense, which can take place only in court, the driver will receive a penalty instead of deprivation. If a driver trusts his defense to a lawyer, this dramatically increases his chances of getting off with just a fine.

The aggravating circumstances leading to one hundred percent deprivation are:

Relapses - repeated violations of articles

Failure to appear in court

Unpaid fines

Consent to the inspectors' conclusions in the form of a signed protocol.

In any case, according to statistics, guilty leads to deprivation in 82% of cases, and the work of an experienced lawyer, caused in a timely manner, exempts from deprivation in 85% of cases and leads to the replacement of deprivation by a fine.

There are a number of mitigating circumstances successfully used by lawyers to change the decision in a road traffic offense case. The main thing is to be able to competently draw the attention of judges to these circumstances. These include:

• Accidental confluence of circumstances, resulting in a primary violation,
• Dependency or difficult life circumstances
• Compulsion,
• Surrender,
• Providing medical care to the victim,
• Voluntary payments covering material damage.

Only timely intervention by a professional can prevent the deprivation of rights, replace it with a fine, or greatly shorten the term of deprivation.

Drivers who drive while intoxicated rarely think about the consequences that can occur as a result of rash actions under the influence of alcohol. Meanwhile, a drunken motorist is threatened not only by depriving him of a driver’s license; other people, drivers and pedestrians may suffer as a result of his actions. Driving while intoxicated is a serious violation of traffic rules, which can lead not only to the loss of the right to drive a car, but also to a general loss of freedom.

Basis for drunk deprivation

According to the provisions of the Federal Law No. 528, drunk driving entails responsibility. Among the penalties established by law are the following:

• a fine of 25,000 rubles;
• public works;
• deprivation of the right to drive a car up to 2 years.

With regard to a drunk motorist, a ban on driving a car can be applied in the following circumstances:

• fixing the presence of alcohol at a level of 0.16 mm / 1 l of exhaled air by a breathalyzer;
• refusal to test for the presence of alcohol, refusal of medical certification in a specially designed institution.

Since 2015, the procedure for deprivation of rights has changed. Now the certificate is not taken away by the inspector, it is accepted for storage without the ability to drive a car.

In addition to the ban on driving, the driver will be issued a fine of 30,000 rubles.

Description of the return procedure

After the expiry of the deadline for the prohibition of admission to driving, it is possible to return the rights. You have to spend enough time and effort to get it back.

One of the prerequisites for obtaining a certificate back is to retake the theory exam. If the driver has lost his rights for drunk driving, the practical part of the test is not carried out. Since the law does not establish exact terms for retake, this can be done when the driver wants it, but only after half of the term of deprivation ends. The number of attempts to surrender the theory is not limited, but there is a limitation on the frequency of attempts: from 7 days.

The theoretical part of the test is similar to the initial surrender of rights, however there are certain features:

• the theoretical part does not contain questions related to medicine;
• excluded topics related to the psychology of driving;
• no verification of the provisions of the Administrative Code.

The theoretical part is tested using a computer test of 20 points, which takes 20 minutes. Successful is the exam with the correct 18 answers. The driver, who passed the test, receives a confirmation certificate, which will be required later to return the certificate from the archive. Examination for the return of the driver the driver passes without any payment.

Preliminary preparation for the return of rights

In addition to surrendering the theory, when registering the return of rights after deprivation, other, equally important conditions will be required:

• the absence of any debts on the driver's fines, at the time of receiving the certificate back all necessary payments must be made;
• successful passing the exam (a mandatory item, starting in 2015);
• if the reason for deprivation of the right to drive a car is drunk driving, you will need to undergo a medical examination (in the certificate indicate that the driver does not have a contraindication to driving vehicles).

In addition, they are preparing a general package of documents that will confirm the eligibility of the return of rights to the owner:

• passport;
• a copy of the court decision on the offense committed and the punishment of deprivation of the right to control the vehicle;
• a document confirming the surrender of rights to the traffic police;
• medical certificate.

Early preparation and collection of documents in advance will allow you to avoid unnecessary fuss at the moment when the driver gets the opportunity to return their rights.

General Return Policy

After the expiration of the sentence, the motorist may apply to the traffic police at any time within 3 years from the end of the period of deprivation. If the driver during this period has not applied to the traffic police department for the return of rights, the document must be destroyed as unclaimed.

Thus, the simplified procedure for obtaining rights to return the certificate after the punishment for drunk driving has been imposed only for three years. In the future, the driver will be able to get the rights by going through the additional procedure of restoring the certificate.

The driver applies for the return of the certificate to the unit at the place of their transfer to the archive. The address and location of the traffic police office is usually specified in a court order. As a rule, it coincides with the address of the permanent or temporary registration of the car owner.

Application for refund

In order to get the rights back, you need to visit the same department where you surrendered after the deprivation of rights was issued. As an exception, when a motorist leaves the region for a new place, he will be able to receive the document at the new address of residence by making a request to the original traffic police office at the previous address. Traffic police will take note of the request of the driver and send a document to the unit to which the driver is now deprived of the rights.

When contacting the traffic police department, it is important to follow some rules, without which the process of returning the certificate will be difficult:

1. The driver should contact the unit, in the archive of which the driver's license is located, 1 month prior to the expiration of the sentence, i.e. in advance.
2. Regardless of the place of registration of the return of the document, the application for extradition is transferred to the department in which the rights were initially transferred.
3. The application for obtaining a certificate must contain the exact details of the regional office in which the registration will receive the rights again.

For the convenience of motorists allowed the electronic filing of the relevant application. Filling out such an application will not be any difficulty, just go to the official resource of the traffic police, go to the section of receiving appeals. In some cases it is possible to obtain rights before the expiration of the due date.

In the video about the restoration of rights

The procedure for obtaining rights after the driver received a penalty of deprivation of rights consists of several stages and involves the involvement of several instances, including medics, traffic police, banks for payment. The passing of the theoretical exam will help to refresh the memory of the provisions concerning the behavior of the driver on the road, which will further contribute to increasing the level of safety while driving.