Greetings to you, friends. In cases where traffic police officers have a suspicion that the driver is drunk, he may be offered to undergo an examination for alcohol. And if you, for example, know for sure that nothing is stronger than tea. Is it possible to abandon this procedure without consequences?
I am sure that the vast majority will immediately say now, in no case, otherwise they will be deprived even if you are more sober than the baby. However, do not rush with conclusions. Let’s figure out the intricacies of the wording of our legislation.
There are two concepts between which there is a fundamental difference – “examination for the state of alcohol intoxication” and “examination for intoxication”. Both of these definitions are contained in the Code of Administrative Offenses, Article 27.12 as certain steps when considering materials on administrative offenses. So, the first is in the field of powers of traffic police officers. How to conduct an examination read in the article “Checking a driver for alcohol”. And the second can only be carried out by a medical worker.
Indeed, in the first case, with the help of an alcohol, police can only determine the presence of alcohol in exhaled air. To establish intoxication, regardless of how it is caused by alcohol, drugs or other toxic substances, only a medical examination for alcohol can.
Only a doctor can recognize the driver drunk
So from the proposal of the traffic police officer “blow into the tube”, you can refuse without fear of the consequences. But the refusal of a medical audit will be equal to recognition as drunk. And sanctions for such actions will be similar – a fine of thirty thousand rubles and deprivation of a driver’s license for 1.5 or 2 years.
True, there is one subtlety. If you refused to undergo a check on an alcohol tester, note that a policeman will write down in the protocol. It is not rare, using the driver’s legal illiteracy, I propose to sign that he refused precisely the medical examination. Thereby providing for himself indicators and depriving a respectable person chances of upholding his innocence.
And remember, an examination for alcohol can prove not only your guilt, but also innocence. If you are accused only on the basis of the testimony of the alcohol, insist on a medical audit. Only she can give objective data that will be irrefutable evidence in court.
