Alcoholic intoxication of the driver: inspection rules, punishment
Every person who has a driver's license and his own car, must responsibly manage the car. He is obliged to observe traffic regulations, and also use of a car in an alcohol intoxication is not allowed. If a person after taking alcohol gets behind the wheel, then he can not rationally assess the traffic situation, so there is a likelihood of getting into an accident or causing harm to people or other people's property. Therefore, serious punishment is imposed for such illegal actions.
Blood Alcohol Rate
Checking the amount of alcohol in the blood is required if the traffic police inspector after stopping the car suspects that the driver is intoxicated. In this case, an examination of intoxication is required. For this, a breathalyzer is used as standard.If the driver refuses to use this device, a urine and blood test is taken.
Allowable amount of alcohol in the blood is 0.16 ppm. For example, if a person drinks 100 grams of vodka in the evening, then in the morning the figure will be about 0.24 ppm. This is an excess of the norm, therefore, various penalties are applied to a negligent driver, among which deprivation of driver’s licenses is considered particularly significant.
It is considered that there are some drugs or even diseases, due to which the alcohol content in the blood increases. For example, if a citizen has a stomach ulcer, then 0.4 ppm will be shown. During treatment, colds can be taken different tinctures containing alcohol. The solution of such controversial issues is carried out in court. A citizen can prove that he did not drink alcoholic beverages, but most often the court takes the side of the traffic police officers, as it takes into account the readings of the instruments.
Nuances of drunk driving
If a person sits behind the wheel while intoxicated, this is a serious administrative offense.The consequences of such a decision can be terrible, because it creates a danger to other citizens. Quite often criminal actions are committed by a citizen.
In Art. 12.8 of the Administrative Code contains penalties applicable to a citizen who gets behind the wheel while intoxicated. But in order to bring a citizen to justice, it is necessary to prove that there is indeed an unacceptable amount of promille in his blood. This requires a medical examination.
The inspection process is carried out in accordance with a specific procedure and rules. For this, a breathalyzer is used, in which drivers must exhale air. On the basis of this survey on alcohol intoxication it is possible to obtain data on the amount of ppm of alcohol in human blood. If the device shows less than 0.16 ppm, the citizen is not prosecuted.
What types of examinations are used?
Quite often, traffic police inspectors after stopping the car begin to suspect that the driver is in a state of intoxication. In this case, it is important to make sure that it really violates the rules of driving, for which an examination is carried out.Different types of examinations can be performed for this:
- OSAO. This process involves the use of a breathalyzer by a traffic police officer. Based on the testimony of this device, it is revealed what is the alcohol content in the air exhaled by the citizen. The process is carried out immediately after the accident or the driver stops the traffic police employee.
- MOSO. This procedure involves the taking of urine and blood samples of a citizen in an appropriate medical institution with the necessary equipment for this process. Traffic police officers usually resort to this method when it is necessary to identify the reason why the driver behaves inadequately. The reason for this may be not only alcohol intoxication, but also the presence of illegal substances in the blood, drugs or psychotropic drugs. The procedure is performed only by an experienced medical professional.
If the driver refuses to exhale air into the breathalyzer, he may be sent to a medical facility for taking tests. If he refuses and from this method of examination, then he is brought to administrative responsibility and forfeited his driving license.
When is the examination required?
Employees of the traffic police can not, without good reason, ask drivers to breathe air into the breathalyzer. There must be good reasons for this. The main signs of intoxication include:
- traffic police officer hears an unpleasant alcoholic breath from the driver's mouth;
- noticeably inadequate citizen behavior;
- a person sits unstable;
- speech is impaired;
- the driver had a red face;
- incomprehensible reaction to various external influences.
If the above symptoms correspond, then the inspector may not require a citizen to undergo a survey. This is due to the fact that this list is complete, therefore, traffic police officers are not entitled to expand it on their own.
How is the driver's condition checked?
The survey process is divided into several successive stages. Initially, the traffic police officer should stop the car. Based on certain signs, he can determine that the driver is allegedly intoxicated.
Under such conditions, he can perform various actions to establish this state in an official way.
Driving away from driving
Initially, the inspector must notify the driver that he cannot continue to move in the car, as he may be in a state of intoxication. Removal is subject to the following conditions:
- one of the inspectors is filming;
- in the absence of the necessary device to make a video, witnesses are involved, who need to be told about their rights, and they must personally make sure that there are signs that indicate that the driver is intoxicated.
Further, the traffic police officer draws up a special protocol on the basis of which the driver is suspended from using the car. Further control while intoxicated is not allowed. Video records are attached to the protocol, and this document is signed by the witnesses.
This method of examination is implemented directly by the traffic police inspector. To do this, use a special device called the breathalyzer. You must first obtain consent for the procedure from the driver.
The process is carried out at the road post or on another part of the road after the vehicle stops. The test is carried out by the breathalyzer, in which the driver must exhale air.Further on a special sheet with the use of a printing device, the results of the check are displayed.
The procedure requires the use of recording devices or invitations of witnesses. Preliminary, the traffic policeman should tell the driver what actions they should take. The procedure for the implementation of the procedure is given, and all rights and obligations that a citizen has are listed.
For this purpose, you can use only a certified breathalyzer, which is previously checked in the instrumentation laboratory. It is necessarily sealed with the seal of this laboratory. When checking for alcohol intoxication, the driver receives a special disposable mouthpiece, which is previously in a sealed package.
After the expiration of air results are displayed on a sheet of paper. Additionally, they are duplicated on the instrument screen. The sheet will show the date and time of the procedure, as well as its results. On the basis of the received figures, the driver’s alcoholic intoxication is established by the traffic policeman, after which he can be held accountable.
At the end of the procedure, an inspection certificate is drawn up, where the obtained testimony is indicated, and it is also prescribed whether the driver agrees with the results. Signed on this document, understood, and also put a mark on the filming. A copy of the act is transmitted to the driver.
Often the car owner does not agree with the results. Under such conditions, a traffic police officer issues a referral for a medical examination at the appropriate medical institution.
Referral for medical examination
It is written out in several situations. These include:
- the driver does not agree that the results obtained after the use of the breathalyzer are reliable, and therefore do not want to sign the act;
- the citizen refuses to undergo the OSAO, and he has the right to do so, therefore, a medical examination is required, for which the traffic inspector draws up a report stating that the driver refused to use the breathalyzer;
- the readings obtained after using the device clearly do not correspond to the way the driver behaves, therefore often the traffic policeman himself wants to make sure that the results are reliable.
The direction is written out when understood and when using a video recording device. The driver receives a copy of the protocol and a referral for a medical examination on the state of intoxication. The check must be carried out on the same day, but it is not allowed to use the car. Usually car inspectors themselves take a person to a place where he can be examined.
The passage of MOS
The check is carried out only by a professional narcologist, for which the appropriate equipment is used. Examination should be carried out only in a medical institution that has a license for this work.
For the survey using a certified breathalyzer. When it is used, the air exhaled by the driver is analyzed twice. Check takes about 20 minutes. Additionally, a urine or blood test can be taken for examination.
If the checks indicate that the person was driving the machine in a drunken state, then the protocol on the offense is formed by the traffic police inspector. He is transferred to the court, where the court decision is made and the decision is formed.Based on this document, a citizen is held accountable.
For such a violation, severe penalties are applied, so each person driving a car while intoxicated must not only remember that it creates a danger to his life and the lives of others, but will also be deprived of his rights when traffic police find a violation . In certain situations, even a prison sentence may be imposed.
What is the punishment used?
If, based on the results of the audit, it is established that the citizen is really drunk he got behind the wheel, then different penalties apply to him For this, a protocol is drawn up by an auto inspector, which is then sent to court.
The court makes a decision on the need to pay a significant fine, as well as deprivation for alcohol intoxication of a driver's license for a period of 1.5 to two years. The fine is equal to 30 thousand rubles.
If, on the other hand, a person is caught driving under alcoholic intoxication, then the punishment is significantly tougher. Since 2015, criminal liability has been used. Therefore, the driver pays a fine of up to 300 thousand.RUB., deprived of the right to three years, and also by a court decision may be deprived of liberty for up to two years. These requirements and conditions are prescribed in Art. 264.1 of the Criminal Code.
The most severe punishment is applied to car owners who, in a drunken state, end up in an accident and are responsible for the accident.
Is it possible to lose rights for life?
The legislation does not contain exact information about whether it is possible for citizens who sit behind the wheel of a car in a drunken state to deprive them of their driving license until the end of their lives. But if several times in a row, traffic police officers register this violation, then the period for which a citizen is deprived of rights increases significantly, and therefore may even reach 50 years.
Under these conditions, we can say that until the end of life a citizen is deprived of the right to get behind the wheel of a car.
Is there a chance to win the trial?
Many drivers are wondering if you can win in court In practice, it is difficult to get such a decision from the judge, since the fact of violation was officially established, since the citizen was driving the machine while intoxicated, which was recorded during the examination.
But at the same time there is an opportunity to appeal the decision, for which it is possible to prove that various mistakes were made when drawing up the protocol or during the audit, as well as when making a court decision. In court practice, such cases are rare, so the standard judge decides to deprive a citizen of a driver's license for a period of one and a half to two years, and a fine of 30 thousand rubles will be charged. When repeated violations of punishment will be much more severe.
Why can not drive a car in a drunken state?
Every person who, after drinking alcohol, gets behind the wheel endangers his life and health. He can get into an accident, bring down a person or destroy other people's property. When drinking alcohol, drivers have to face numerous negative effects on their bodies. These include:
- a person’s attention is dispersed, even if a small amount of alcohol-containing drink is taken
- memory is disturbed, so the driver can forget which sign was hanging or which speed limit was set on a certain part of the road;
- vision usually begins to fail, so a person may not react to other cars or pedestrians, which is the cause of falling into a serious accident;
- the reaction slows down, so the person does not notice how fast the car is moving, and also cannot adequately assess the situation on the road.
Due to the above effects of alcohol on the human body, every car owner must responsibly approach the state in which he gets behind the wheel of a car.
Thus, if a driver drives a car while intoxicated, then this can easily be determined by car inspectors. They initially reveal signs of such a condition, and after that surveys are conducted. They can be carried out directly by a car inspector or a narcologist at a medical facility. Based on the test results, the driver is held accountable. She is represented by deprivation of rights and the appointment of a large fine. For repeated violations may be brought to criminal car owner.