A police report is not a court ruling. Only a court can find you guilty, and it is in court that it is decided whether the police evidence will be admitted at all. Under Part 1 of Article 130 of the Code of Administrative Offences, there is only one penalty: a fine of 17,000 UAH and a one-year driving ban — the court cannot impose a lighter sentence.
The most common mistake drivers make is to assume that the matter will ‘blow over’ on its own. Since 18 March 2021, the limitation period for imposing a penalty under Article 130 has been one year from the date of the offence (Article 38(7) of the Code of Administrative Offences), rather than three months, as is still often advised on forums. The tactic of ‘letting the case run out of time’ does not work here.
An appeal against an administrative report under Article 130 of the Code of Administrative Offences is based not on emotions, but on an analysis of the procedure: how the inspection was carried out, what was recorded on video, and whether the very fact of driving has been proven. It is precisely here that the police make mistakes which lead to the case being closed.
+38 095 554-54-24 — legal advice
Penalties under Article 130 of the Code of Administrative Offences
| Offence | Fine | Additional information |
|---|---|---|
| Part 1 — driving whilst intoxicated or refusing a breathalyser test | 17,000 UAH | disqualification from driving for 1 year |
| Part 2 — repeat offence within a year | 34,000 UAH | driving ban for 3 years |
| Part 3 — third offence | 51,000 UAH | driving ban for 10 years, vehicle confiscation, possible administrative detention |
Refusal to undergo a breath test is treated as confirmed intoxication and carries the same consequences. Therefore, ‘simply refusing to take the test’ is the worst possible strategy: you deprive yourself of evidence in your favour, yet face the same penalty.
Where the police most often get it wrong
These breaches can actually lead to the case being dismissed:
- Failure to prove that you were driving. You were standing next to the car, sitting in the passenger seat, the car wasn’t moving — yet a report was drawn up. The police are obliged to prove that you were actually driving, and video evidence is crucial here.
- Breach of the inspection procedure. The inspection must be carried out with video recording (Article 266 of the Code of Administrative Offences). If there is no video, it is incomplete or the procedure is not visible on it — the evidence is questionable.
- A faulty or uncalibrated device. The ‘Dräger’ calibration certificate must be valid. This is checked, and the outcome is not always in the police’s favour.
- The procedure for referral to a medical facility has been breached. Drug intoxication can only be established at a medical facility; no roadside rapid test constitutes valid evidence.
- Rights have not been explained (Article 63 of the Constitution, Article 268 of the Code of Administrative Offences) — and this is not a mere formality, but grounds for declaring the statements inadmissible.
- The report was drawn up with irregularities — without a signature, without a copy being served, with incomplete details, and with discrepancies in the times recorded in the report, the inspection report and the video.
- A formal list of ‘signs of intoxication’ without objective evidence. The entry ‘smell of alcohol on the breath’ does not in itself constitute evidence.
What to do immediately after the report is drawn up
What you do in the first few days matters more than your performance in court.
- Do not sign the report without making comments. In the ‘explanations’ section, state that you do not agree with the alleged offence, that you consider the police’s actions to be unjustified, and specify exactly what has been violated.
- Demand a copy of the report and the intoxication assessment form — they are obliged to provide them to you.
- Identify any witnesses — passengers, passers-by, petrol station staff; take down their contact details straight away.
- Undergo an independent medical examination as soon as possible — at the nearest medical facility, at your own expense. A blood test carried out within a few hours is the strongest evidence.
- Consult a solicitor before the first hearing — to obtain the case files, body-cam footage and formulate your defence whilst the time limits are still open.
Time limits you need to know
- 1 year from the date of the offence — the period during which the court may impose a penalty (Article 38(7) of the Code of Administrative Offences). If no decision is made, the proceedings are closed and the driver is deemed not to have been prosecuted.
- 10 days — to appeal against a court ruling. The appeal must be lodged with the court that issued the ruling.
- 3 months — a temporary driving licence issued in place of the one that has been confiscated; this period may be extended upon application.
- No court fees are payable in cases concerning administrative offences — this also applies to appeals.
And if the report is drawn up under Article 124 of the Code of Administrative Offences
Article 124 — a breach of road traffic regulations resulting in damage to vehicles or cargo. The penalty is considerably milder: a fine of 20–25 non-taxable minimum incomes (340–425 UAH).
However, there is one aspect here that does not apply under Article 130: the time limit for imposing the penalty is three months from the date of the offence (Article 38 of the Code of Administrative Offences). Courts tend to take their time with cases under Article 124, and delaying the proceedings through legitimate procedural means is a perfectly viable strategy.
A second point to note: a ruling under Article 124 establishes your guilt in a road traffic accident and is subsequently used by the insurer and the injured party in a civil claim. It is therefore worth challenging it even if the fine is merely ‘symbolic’ — compensation for damages is at stake.
When you don’t need a solicitor
If you were genuinely driving under the influence, the procedure was followed to the letter, the video is clear, and the breathalyser is calibrated — there will be no miracle. We’ll tell you this straight and, rather than taking your money for a hopeless defence, we’ll help with something genuinely useful: a request to pay the fine in instalments (the court may grant this for up to 12 months).
You need a solicitor when:
- you were not driving the vehicle, yet a report has been drawn up;
- the testing procedure was not followed correctly — there is no video footage, the breathalyser was not calibrated, or your rights were not explained;
- you are accused of refusing a breathalyser test, even though you did not refuse or the refusal was recorded incorrectly;
- there are discrepancies in the times recorded in the documents;
- you disagree with the result and have your own medical report;
- this is a repeat offence — the penalty is 34,000 UAH and a three-year driving ban;
- the decision has already been issued and there are 10 days left to appeal.
How we work
- We analyse the evidence — the report, the inspection report, the device calibration certificate, and footage from body-worn cameras and the patrol car.
- We look for procedural irregularities — it is these, rather than claims such as ‘I was sober’, that lead to cases being dismissed.
- We prepare our case: a motion to obtain evidence, summoning police officers as witnesses, and engaging an expert.
- We represent you in court — your presence can be replaced by that of a solicitor.
- We appeal against the ruling if the court of first instance has ruled against you.
- We assist with the return of your driving licence once the disqualification period has ended.
Cost of services
| Service | Price |
|---|---|
| Consultation with analysis of the minutes | from 1,500 UAH |
| Legal opinion: assessment of the case’s prospects | from 5,000 UAH |
| Preparation of procedural documents (motions, appeals, objections) | from 5,000 UAH |
| Attendance at one court hearing | from 3,000 UAH |
| Legal representation in court | from 10,000 UAH |
| Comprehensive ‘turnkey’ representation in administrative cases | from 30,000 UAH |
No court fees are payable in cases concerning administrative offences. An independent medical examination or expert opinion may be required separately.
Full price list · Reinstatement of driving licence
Questions and answers
Is it possible to win a case under Article 130 of the Code of Administrative Offences?
Yes, if there are procedural irregularities: the fact of driving has not been proven, the video recording of the inspection is missing or incomplete, the device was not calibrated, or the procedure for referral to a medical facility was not followed. The courts dismiss such cases. However, if the procedure was followed, the chances are minimal — and an honest solicitor will tell you this straight away.
Will refusing a breath test help?
No, quite the opposite. Refusal is treated as driving under the influence and carries the same penalty of 17,000 UAH and a one-year driving ban. At the same time, you lose the opportunity to prove that you were sober.
How long does the court have to punish me?
One year from the date of the offence. If no ruling has been issued within this time, the case is closed. But you shouldn’t count on this: cases under Article 130 are dealt with quickly.
How many days do I have to appeal against the court ruling?
10 days from the date it is issued. The appeal must be lodged through the court of first instance. If you miss the deadline, the ruling becomes final.
Can a fine of 17,000 UAH be paid in instalments?
Yes. The court may grant an instalment plan for a period of up to 12 months. This is requested via a motion and is often granted.
Can I drive whilst the court proceedings are ongoing?
Yes, you retain your right to drive until the ruling becomes final. Instead of your confiscated driving licence, you will be issued with a temporary permit valid for up to three months, which may be extended.
Do I have to attend the hearing?
No, a solicitor can represent your interests. However, in certain cases, it may be tactically advantageous to attend in person — we’ll decide this together.
What documents should I bring to the consultation?
The report on the administrative offence, the report on the assessment of intoxication, the temporary driving permit, any rulings or summonses you have received, your own medical certificates and any video footage, if available.
Contact a lawyer at Svarog to appeal against an administrative report under Article 130 of the Code of Administrative Offences
Send us the report and the examination report — we will review the procedure, request footage from police CCTV cameras and give you an honest assessment: whether there are grounds to have the case dismissed, or whether it would be wiser to request a payment plan for the fine. The sooner you contact us, the more evidence we will be able to preserve.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street, Office 2 (Podil) · Mon–Fri 9.00–18.00