{"id":2651,"date":"2026-05-27T06:41:10","date_gmt":"2026-05-27T03:41:10","guid":{"rendered":"https:\/\/svaroglaw.com\/advokat-po-dtp\/oskarzhennya-administratyvnogo-protokolu-za-st-130-kupap-st-124\/"},"modified":"2026-09-14T19:45:16","modified_gmt":"2026-09-14T16:45:16","slug":"oskarzhennya-administratyvnogo-protokolu-za-st-130-kupap-st-124","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/advokat-po-dtp\/oskarzhennya-administratyvnogo-protokolu-za-st-130-kupap-st-124\/","title":{"rendered":"Appeal against an administrative report under Article 130 of the Code of Administrative Offences"},"content":{"rendered":"

A charge sheet is not yet a conviction. Only a court can find you liable, and it is in court that it is decided whether the police evidence is admitted at all. Article 130(1) of the Code of Administrative Offences carries one penalty: a fine of 17,000 UAH with a one-year driving ban, and the court cannot impose anything lighter. So the only way to avoid a year without a licence is to have the proceedings closed.<\/p>\n

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Do not count on the case dissolving by itself. Since 17 March 2021 the period for imposing a penalty under Art. 130 has been one year from the offence (Art. 38(7)), not the three months forums still advise. Courts hear such cases within weeks, so the \u201crun out the clock\u201d tactic does not work here.<\/p><\/div><\/div>\n

Challenging an Art. 130 charge is built on the procedure: how the testing was carried out, what the video shows, whether driving is actually proved, and whether the times in the charge sheet, the testing record and the recording match. It is in those details that the police make the mistakes that lead to closure.<\/p>\n

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

What Art. 130 carries<\/h2>\n
\n\n\n\n\n\n
Offence<\/th>\nFine<\/th>\nIn addition<\/th>\n<\/tr>\n
Para. 1: driving while intoxicated, or refusing a test<\/td>\n17,000 UAH<\/td>\na one-year driving ban<\/td>\n<\/tr>\n
Para. 2: a repeat within a year<\/td>\n34,000 UAH or 10 days\u2019 administrative detention<\/td>\na three-year ban, with or without compulsory purchase of the car<\/td>\n<\/tr>\n
Para. 3: a third time within a year<\/td>\n51,000 UAH or 15 days\u2019 administrative detention<\/td>\na ten-year ban and confiscation of the offender\u2019s car<\/td>\n<\/tr>\n<\/tbody>\n<\/table><\/div>\n

Refusing the test is treated the same as confirmed intoxication and carries identical consequences. \u201cJust don\u2019t blow\u201d is the worst possible strategy: you deprive yourself of evidence in your favour and get the same penalty anyway. If you are sober, take the test and go straight afterwards for a blood test at a medical facility.<\/p><\/blockquote>\n

\"Challenging<\/a><\/p>\n

Where the police most often get it wrong<\/h2>\n

These breaches really do lead to cases being closed:<\/p>\n