In today's issue of "ProZakon" Igor Shavrov, a well-known Ukrainian lawyer who manages the Shavrov and Partners law firm, talks about the rules for passing an alcohol intoxication test in the event of a police stop.
At the same time, the lawyer notes that he is categorically against drunk driving and considers it deadly dangerous and immoral.
"Often, the police, in accordance with a plan to draw up administrative protocols, stop drivers, and then, by means of blackmail, threats and psychological pressure, they force them to refuse to undergo an alcohol intoxication test. But this is exactly what the administrative offense consists of.
But let's start from the very beginning. How can a policeman stop a vehicle? First, with the help of a signal gesture, he points to the car, and then to the place where you need to park. The second method is a loudspeaker, the third is turning on blue or red beacons on a patrol car. The fourth method is the display of a stop request on the screen, but I personally have never seen such a thing.
Let me remind you that stopping with the help of a striped stick is prohibited. It exists only to regulate traffic.
Having received a stop signal, the driver must stop the vehicle according to traffic rules, not leave the vehicle without the policeman's permission, and keep his hands in his field of vision. After that, the driver must show the policeman his driver's license, technical passport and insurance policy. For his part, the policeman is obliged to inform the driver of his surname, first name, patronymic, position, rank, and, upon request, his service certificate.
The reason for the stop may be a suspicion of a violation of traffic rules - for example, the driver was driving on a looped road. The policemen followed him and stopped the car because they thought the driver was drunk. But after watching the video from the registrar, we realized that this is just a bumpy road, which is quite common in our country. Another reason for the stop may be preventive measures to search for drunk drivers. Such events are held at night from 22:00 p.m. to 8:00 a.m. and on weekends.
A police officer can offer a person to pass an alcohol test only in certain cases: if he has signs of alcohol intoxication, such as the presence of the smell of alcohol from his mouth, inappropriate behavior, impaired speech, impaired coordination of movement, tremors in the hands and other similar symptoms.
At the same time, there are two options for passing the alcohol test: directly on the spot and in a medical institution. The police often do not explain to the driver his right to undergo a test in a medical institution, which, by the way, is a violation on their part. If a person wants to take a test in a medical institution, the policeman must take him there. If you are asked to take the test only on the spot, this is a violation of your rights. You must clearly tell the policeman's chest camera about your desire to pass the test in the institution. If the policeman still begins to draw up a report on refusal to undergo an examination, it is necessary to write in it that you did not refuse, but simply needed to take the test in a medical institution.
If you still want to take the test on the spot, it is conducted using special technical means certified by the Ministry of Health and the state standard. Police officers should have such certificates if necessary, and if they are not available, then conducting such a test is illegal. Also, the test must be conducted in the presence of two witnesses. Upon its completion, an act is drawn up in two copies: one remains with the police, the other with the driver. The driver is drunk if his blood alcohol content is more than 0 ppm.
If the driver decided to undergo a medical examination at the hospital, it is necessary to remember several rules: firstly, the police must take him there, and secondly, not every hospital conducts a medical examination, but only the one approved by the local administration. After the person has been taken to the hospital, the examination is carried out in the presence of the police no later than two hours after the vehicle stops. This examination is entered in the journal in the hospital, and a conclusion is issued, which is made in three copies: for the policeman, the driver and for the hospital.
It is also important to remember that the Code provides for punishment not only for drunk driving, but also for refusing to pass a test. Therefore, if you have been stopped, and you are sure that you are right, be sure to pass the examination. Otherwise, you risk losing 17 hryvnias as a fine or 34 hryvnias for a repeat offense.
The main conclusion of this issue is that it is unacceptable to get behind the wheel while drunk. This is done by people who hate society and others. But on the other hand, it is unfair to punish innocent people. Therefore, if you are confident in yourself, be sure to prove yourself right," concluded Igor Shavrov.
