How Article 130 of the CUAO Can Block a Driver Job and a Carrier Tender

Key points

• Article 130 of the CUAO is driving while intoxicated. The consequence is a fine and suspension of the right to drive.
• Suspension of the right to drive directly blocks the work of a professional driver: without a licence you cannot legally work behind the wheel.
• For a carrier-employer, drivers having such penalties is a risk when taking part in tenders and inspections.
• A ruling under Article 130 can be appealed, especially if the sobriety examination procedure was breached.
• You must act quickly: the deadline for the appeal is short.

Article 130 of the CUAO seems like a driver’s “personal” problem, but in reality its consequences go far beyond a single fine. It can cut off a person’s access to the profession of driver and make it harder for a carrier to take part in tenders. In this article we explain exactly how this works and what can be done.

This material is for information only and does not replace a consultation. Specific amounts and time limits may change, so the current data for your situation should be checked with a lawyer.

What Article 130 of the CUAO provides for

Article 130 of the CUAO establishes liability for driving vehicles while under the influence of alcohol, drugs or other intoxication, and for refusing a sobriety examination. Among the consequences are a significant fine and suspension of the right to drive for the period set by law. For repeated violations, liability increases substantially.

Why this blocks a driver’s work

For a professional driver, the licence is a tool for earning a living. When a court suspends the right to drive, the person effectively cannot legally work behind the wheel until the term ends and the licence is returned. This is a direct loss of income, and sometimes the loss of the job itself. So the consequences of Article 130 for a professional driver are far more tangible than for an ordinary motorist.

The risk for a carrier-employer

Transport companies that take part in carriage tenders must meet requirements for the qualifications and reliability of their staff. Drivers with active penalties under Article 130 create a reputational and practical risk for the company: during inspections or the assessment of a tender participant, this may count against the carrier. So employers have an interest in their drivers not having such problems, or resolving them in time.

Can a ruling under Article 130 be appealed

Yes. A court ruling in an administrative offense case can be appealed. The sobriety examination is of key importance in these cases: the law sets a clear procedure for conducting and documenting it. If the procedure was breached, the results of the examination can be called into question. Typical grounds for a defense:

• a breach of the procedure for referral to the examination;
• errors in using the device or in documenting the results;
• ignoring the driver’s right to a repeat examination at a medical facility in the defined cases;
• contradictions and shortcomings in the report.

More on the defense mechanism is in the article Driving Licence Suspension: How to Appeal and Get Your Licence Back.

What a driver should do step by step

• Do not sign the report and other documents blindly, record your remarks.
• Keep all copies: the report, the examination results, the ruling.
• Do not miss the short deadline for the appeal.
• Contact a lawyer as soon as possible to assess the prospects and prepare the complaint.

Frequently asked questions

Can I work as a driver during a suspension of the right to drive?
You cannot legally drive without a licence. This is the main obstacle to a professional driver’s work.

Does Article 130 always mean loss of the licence?
The ruling can be appealed. Where there are grounds, in particular breaches of the examination procedure, it is overturned or changed.

How much time is there to appeal?
The deadline is short, so you must act right after receiving the ruling. A lawyer will tell you the exact time limit.

Does this affect the employer?
Yes, for carriers, drivers having such penalties is a risk in tenders and inspections.

What helps most in a defense?
An analysis of the sobriety examination procedure and the documents. That is where grounds for an appeal are found most often.

Need help in a case under Article 130

If you are being prosecuted under Article 130 of the CUAO or have already been suspended from the right to drive, do not delay. LEXON lawyers will analyze the materials, find grounds for a defense and prepare the appeal within the deadline. We are available around the clock. Leave a request or call us.

Готові допомогти з вашою справоюЗалиште заявку, і адвокат звʼяжеться з вами. Конфіденційно, цілодобово.

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