Alcohol intoxication in drivers

Drunk driving is a phenomenon condemned at all times. Getting behind the wheel in a drunken state is considered a misdemeanor, for which serious punishment follows. And this has always been the case. There are no reasons that can justify a person who got behind the wheel drunk and has already put other people in danger by doing so. It is not surprising that the special service designed to keep order on the road pays special attention to the sobriety of drivers.

What does 0.2 ppm or more mean to traffic police? How to prove the presence of alcohol in the body, if it is not a traffic accident? What are the penalties for drunk driving and what is the evidentiary basis?

0.2 primille is a value that many drivers fear, because the limit is such a shaky version of the norm that it can be interpreted in different ways.

The views of the Ministry of Internal Affairs and the Ministry of Health of Ukraine on this indicator are documented. Order No. 400/666 of September 9, 2009 (paragraph 2.7.) is the document according to which the fact of drunk driving is established. Later amendments did not affect the fact that registration of alcohol intoxication by traffic police and patrol officers must be carried out with the help of special devices (breathalyzers). In this case, a numerical value of more than 2 ppm of alcohol in the blood (determined by the content of ethanol in exhaled air) is considered as a reason for taking punitive measures.

But scientists' calculations show that even a non-drinker can sometimes have 0.2-0.3 ppm of alcohol in his blood. This often happens if the driver drank kefir, kvass or any other fermented drink on the eve of the trip. The same result can be produced by some medical drugs, food that causes fermentation in the gastrointestinal tract, high blood sugar levels.

In this case, you will either have to prove your innocence by medical means, or to be careful in advance, if you are going to make a trip, even if it is a short one. After all, it is not necessary for traffic police officers to ask you to blow into the tube, they do not have to smell the booze. You can simply get on a raid against drunkenness on the road, or the police officer will be able to see some signs of alcohol intoxication, documented in the current Order of the Ministry of Internal Affairs and the Ministry of Health № 1452/735 of November 9, 2015. In addition to the alcoholic aroma of breath, this includes ataxia, speech disorders, tremor of the fingers. Police officers may also pay attention to an uncharacteristic healthy person's complexion (alcohol makes it ruddy) and inadequate behavior.

The above-mentioned order also legislates the procedure for examination of drivers in case of suspicion of alcohol intoxication. Officers of the relevant department of the National Police of the country are authorized to carry out the examination. For this purpose, special devices (breathalyzers) authorized by the Ministry of Health and passed the State Standard are used, as evidenced by the attached certificate of conformity. In addition, the driver may request a certificate of performance test of the device.

Specialized devices make it possible to record the result of the examination in paper or electronic form. The officers conducting the examination must familiarize the detainee with the procedure for its conduct.

According to Article 266 of the Code of Ukraine on Administrative Offenses, the examination of the driver presupposes the presence of two witnesses who will have to document the fact of alcohol intoxication in the subject. The witnesses are outsiders who are not interested in concealing or exaggerating the facts of violation of the order.

The fact of drunk driving and the numerical results of the alcohol intoxication test must be reflected in the examination report. This act is attached by the police to the protocol on administrative offense, if the presence of alcohol in the blood was found to be more than 0.2 ppm. Another equivalent copy of the act is given to the driver who committed the offense.

The driver's lack of identity documents is not an obstacle to the medical examination. But in such a situation, a note shall be made in the alcohol intoxication test report that the information about the subject is recorded from his/her words. The report shall also contain the driver's features, description of appearance, approximate age.

The fact that a driver is found to be under the influence of alcohol is a reason to suspend him/her from driving. The car is either taken to an impound lot or handed over to an authorized person with a license of the relevant category (provided that the authorized person is sober).

It should be said that the law provides for refusal to be examined by police officers, as well as the possibility to challenge the result of the tests. In this case, it will be necessary to undergo examination in a medical institution. However, only those results of examination that were conducted in medical institutions, the list of which is approved by the health protection departments of local administrations, are taken into account. At the same time, no more than 2 hours should pass between the fact of driver's detention by traffic police officers and his/her application to a medical institution for examination. The examination and summarization of its results shall take place in the presence of a police representative.

In addition to stationary medical stations where you can be tested for alcohol or drug intoxication, there are also mobile laboratories. The staff at these stations are specially trained and equipped with standardized equipment.

If there has been a road traffic accident, the examination of its participants for the presence of alcohol in the body is carried out only in a medical institution, where the participants of the accident are taken by the police within no more than 2 hours. Time in this case plays an important role, as the alcohol content in the body progressively decreases and in a couple of hours may be within the norm, so that the fact of violation in court will be very difficult to prove.

The fact and results of medical examination of a driver for alcohol intoxication shall be documented in accordance with the procedure established by the authorized central local health authority. Blood alcohol, narcotic and psychotropic substances shall be measured in laboratory conditions. For this purpose, two samples of blood or other biological medium are taken. One sample is examined immediately, the second one is stored for 90 days.

A medical examination report shall be drawn up at the point where the offender is examined. It shall be drawn up in a single copy, which shall be kept in the medical institution. On the basis of the report, a documented conclusion shall be drawn up, with which the person examined and the police officer accompanying him or her shall be familiarized (this shall also be noted in the report).

All documents drawn up and issued by the medical institution must contain precise figures and must not be vague or ambiguous. It is also obligatory to record all cases of examination.

If a driver is injured in a traffic accident, he/she is taken to the nearest hospital ready to receive a victim with certain injuries. Tests for the content of alcohol, drugs, medicinal psychotropics in the body are conducted in the same medical institution, and the conclusion is issued to authorized officers of the National Police.

Punishment for drunk driving

Alcohol intoxication is a factor that greatly increases the likelihood of traffic accidents. And our country already has more of them than others. In addition, accidents involving drunk drivers very often kill and injure innocent people, not just those guilty of a crime.

Drunk driving is a time bomb, even in the case of mild alcohol intoxication. Alcohol noticeably dulls caution and alertness, reduces reaction speed, and limits both mental and motor abilities. The same is observed in people in a state of mental and physical exhaustion with lack of rest. With moderate alcohol intoxication, as with severe fatigue, there is a risk that a person will "black out" right when driving.

All these moments and statistics of road accidents force to look at the problem of alcohol intoxication in drivers in a different way: to introduce stricter frameworks and toughen the responsibility for driving under the influence of alcohol. Thus, the Verkhovna Rada considered the issue of criminalization of a misdemeanor, which was previously under consideration of the administrative court.

Thus, the draft law, registered under No. 7279-d on April 20, 2018, provides for stricter liability for driving under the influence of alcohol. This bill was passed in the second reading and provides for such a category as criminal misdemeanors (not crimes!), which are punishable by a fine of more than three tax-free minimum incomes or other punishment that does not limit the freedom of the offender. In other words, a drunk driver will not go to jail (provided that there are no seriously injured in the accident), but he will have to shell out up to 51 thousand hryvnias.

The Criminal Code of Ukraine was supplemented by Article 286-1, which provides for punishment for the first such violation in the amount of 17-34 thousand hryvnias, for repeated violations - up to 51 thousand hryvnias.

But the fine is a fine, but give back your license! Deprivation of license for alcohol intoxication is quite a legal practice, forcing potential offenders to think a hundred times before getting behind the wheel after drinking alcohol. Upon confirmation of the presence of alcohol in the body over 0.2 ppm, if it is not possible to prove otherwise, the license will have to be parted for 3 years. Repeated detention for the same reason exempts the driver's license holder from driving for 10 years.

This punishment has been around for years and there are no plans to ease the punishment anytime soon, nor are there any plans to do so.

If a driver under the influence of alcohol provokes a traffic accident that injures or kills people, the punishment will be even more severe. The infliction of serious injuries and mutilation, as well as acts that caused the death of the victim, are criminal offenses and can be punished by imprisonment for different periods of time. In this case, the driver's drunken state is considered as an aggravating circumstance.