Fine for driving under the influence of alcohol: how to avoid - lawyer's assistance

What Is the Penalty for Driving Under the Influence (Article 130 of the Code of Ukraine on Administrative Offenses)

Driving a vehicle under the influence of alcohol or narcotics is a serious administrative offense regulated by Article 130 of the Code of Ukraine on Administrative Offenses (CUoAO). Such actions carry significant consequences, including fines for driving under the influence, deprivation of driving privileges, and, in some cases, vehicle confiscation. During wartime, the procedure for holding individuals accountable for driving under the influence remains strict, but the right approach and an attorney’s defense can help challenge Article 130 or even avoid punishment. In this article, we will explore the penalty for driving under the influence, how a medical examination is conducted, what to do if you disagree with the results, and how to reclaim your license after Article 130 during wartime. We will also provide answers to common questions to help you protect your rights.

In Ukraine, thousands of drivers face charges under Article 130 CUoAO each year. Violations are often recorded using body cameras or video footage, but situations frequently arise where the police violate procedure, providing an opportunity to challenge the protocol. Regardless of the circumstances, timely consultation with an attorney can significantly reduce the consequences or help avoid punishment for driving a vehicle under the influence. Our goal is to clarify key aspects of liability and demonstrate how professional legal assistance can protect your interests.

What Is the Fine Under Article 130?

The fine under Article 130 depends on the number of prior violations and the case’s circumstances. The main types of penalties under the article for driving under the influence include:

• First offense: a fine of 17,000 UAH and deprivation of driving privileges for 1 year.
• Second offense within a year: a fine of up to 34,000 UAH, deprivation of driving privileges for 3 years, and possible vehicle confiscation.
• Third offense: a fine of up to 51,000 UAH, deprivation of driving privileges for 10 years, and vehicle confiscation.

It’s important to note that criminal liability for driving under the influence applies only in specific cases, such as when the violation causes severe consequences (e.g., an accident with injuries). In most cases, Article 130 CUoAO entails administrative liability, but its consequences are still significant. For example, beyond the fine, the driver loses their license, which can complicate daily life. An attorney for Article 130 CUoAO can help challenge the penalty if the police violated procedure or misclassified the driver’s actions.

What Is the Procedure for Determining Signs of Intoxication?

The procedure for determining alcohol or narcotic intoxication is strictly regulated and includes several stages:

1. On-site examination: The police officer offers a breathalyzer test (e.g., Dräger) or assesses signs of intoxication (alcohol odor, impaired coordination).
2. Medical examination: If the driver refuses the breathalyzer or disputes the results, they are referred to a medical facility for blood or urine analysis.
3. Drafting a protocol: The police officer compiles an administrative offense protocol, documenting the examination results, video footage from body cameras, and statements from witnesses.

Are witnesses required for Article 130? Yes, the presence of two witnesses is mandatory if the examination is conducted on-site. They sign the protocol, confirming its legality. However, procedural violations, such as the absence of witnesses or improper use of a breathalyzer, can serve as grounds for how to challenge Article 130. An attorney will analyze the evidence and identify such violations to protect your rights.

What If I Disagree with the Police Officer’s Examination Results?

If you disagree with the examination results, you have the right to:

• Refuse the on-site breathalyzer and request a medical examination at a healthcare facility.
• Insist on recording the procedure using body cameras or video footage.
• Engage an attorney to review the protocol and evidence to identify procedural violations.

For example, if the police officer failed to offer a medical examination or did not ensure the presence of witnesses, this can be grounds for challenging the case. An attorney for Article 130 CUoAO will help file a lawsuit to have the protocol declared invalid. Acting quickly is crucial, as the window for appealing is limited. An appeal in court can overturn the fine or restore driving privileges if the police made errors.

How to Reclaim Your License After Article 130 During Wartime?

How to reclaim your license after Article 130 during wartime? Deprivation of driving privileges under Article 130 CUoAO is not suspended due to wartime, but there are several ways to restore your license:

1. Challenging in court: If the protocol was drafted with violations (e.g., no video footage or witnesses), an attorney can appeal the court’s decision.
2. Completion of the penalty term: After the deprivation period (1, 3, or 10 years) expires, the driver can apply to an MVS service center to restore their license.
3. Early restoration: In rare cases, a court may lift the penalty if there are compelling reasons, such as proof of no intoxication.

During wartime, the procedure may be complicated by limited court operations or service center availability. An attorney for Article 130 CUoAO will help gather evidence, prepare an appeal, and expedite license restoration. For instance, if a procedural violation is proven, the court may declare the protocol invalid, allowing the license to be restored without waiting out the penalty term.

Attorney for Article 130 CUoAO

Professional attorney assistance is key to protecting the rights of a driver accused under Article 130 CUoAO. An attorney can:

• Analyze the protocol and video footage to identify procedural violations.
• Collect evidence in your favor, such as witness testimonies or results of an independent medical examination.
• Prepare a lawsuit or appeal to challenge the court’s decision.
• Represent your interests in court, seeking to overturn the fine or restore your license.

Article 130: how to avoid punishment? An attorney will help identify legal grounds for challenging the case, such as improper drafting of the protocol, absence of body cameras, or violations of the driver’s rights. For example, if the police failed to provide witnesses or used a faulty breathalyzer, this can be grounds for dismissing the fine. Timely legal support significantly increases the chances of success.