Driving under the influence under Article 130 of the Code of Administrative Offences (CAO/КУпАП) is an administrative rather than a criminal case, but the consequences are severe: a substantial fine and a long driving ban. Refusing an intoxication test is classified under the same article. The case is heard by a court, not by the police.
In road accident cases (Article 124 CAO), the accident diagram, statements, video recordings and expert opinions matter. If people suffer injuries of a certain severity in an accident, the case may become criminal (Article 286 or 286-1 of the Criminal Code (CC/КК)), and the defence is then built under the rules of the Criminal Procedure Code (CPC/КПК). We analyse the report and the evidence, check the testing procedure and represent the driver in court.
When to seek help
- An administrative offence report under Article 130 CAO has been drawn up against you
- The intoxication test was carried out with violations, without witnesses or video recording
- You are accused of refusing a test, although you did not refuse
- You are being held responsible for an accident and you disagree
- People were injured in the accident and criminal proceedings have been opened
- The court has already issued a decision and you want to appeal it
What the lawyer does
Review of the report and video
We study the report, body camera and dashcam recordings, the test certificate and results, and check compliance with Article 266 CAO and the intoxication testing procedure.
Checking the testing procedure
We assess whether the demand to take a test was lawful, whether you were offered testing at a medical facility and whether the results were properly documented.
Position in a road accident case
We analyse the diagram and the statements of participants and witnesses and, if necessary, request a vehicle forensic examination to establish how the accident happened.
Representation in court
We file motions, explanations and evidence, attend hearings in person or remotely, and monitor the time limits for imposing a penalty.
Appeal
If a decision has already been issued, we prepare an appeal within the 10-day period set by Article 294 CAO and represent you at the court of appeal.
Documents to prepare
- The administrative offence report and other documents served on you
- Intoxication test certificate, test printout, findings of the medical facility
- Dashcam video, photos from the accident scene, witness contacts
- Accident scene diagram and statements of participants
- Driving licence, vehicle registration certificate, compulsory motor third-party liability (MTPL/ОСЦПВ) policy
- Court summons or court decision, if already issued
What you get
- Legal assessment of the report and evidence
- Written explanations, motions and objections to the court
- The lawyer's attendance at first-instance hearings
- An appeal if needed
Frequently asked questions
Is an Article 130 CAO case a criminal case?
No. Driving under the influence without serious consequences is an administrative offence, and the case is heard by a court under the rules of the Code of Administrative Offences (CAO/КУпАП). Criminal liability under Article 286-1 of the Criminal Code (CC/КК) arises if an intoxicated driver causes an accident in which people suffer injuries defined by law or die. Even an administrative case, however, has serious consequences.
Can I dispute the result of a roadside test?
Yes. If you disagree with the result of a test carried out by police officers at the scene, you have the right to be tested at a medical facility. State your disagreement clearly to the officers and, if possible, record it on video. The test results and compliance with the procedure are then assessed in court together with other evidence.
How long do I have to appeal a court decision?
An appeal against a court decision in an administrative offence case is filed within 10 days of its issue (Article 294 of the Code of Administrative Offences (CAO/КУпАП)). If the deadline was missed for good reasons, you can ask for it to be restored. The appellate court's decision is final, so it is important to prepare the appeal carefully.