To assess the alcohol content in exhaled air, a special device is used - a breathalyzer. To obtain results, a person must breathe into the tube. Many drivers do not agree to the proposal of the traffic police officer to undergo a medical examination. At the same time, motorists are concerned about the issue of what threatens the refusal of a medical examination.
How is the procedure going?
The traffic police officer has the right to send for a medical examination only if there are clear signs that a person had used alcohol and drugs on the eve in excess of permissible norms. If there are sufficient grounds for suspecting the presence of psychoactive substances in the driver’s blood, the motorist has no right to refuse an examination without consequences. If a person commits this offense, measures will be taken against him. Responsibility will follow in accordance with Article 12.8 of the Code of Administrative Offenses, the refusal of a medical examination will entail the calculation of a large fine and the loss of a driver’s license for a long time.
There are 2 options for a medical examination:
- A check that involves determining the level of ethanol in exhaled air. It is carried out at the place where the driver stops the traffic police inspectors. You can refuse this type of check.
- A motorist is sent to a medical facility where he checks for the presence of drugs and other psychoactive substances in the blood. It is for this type of check that a set of rules has been developed: what threatens with refusal of a medical examination.
When can a traffic police officer demand a certification?
The requirements of a patrol officer are justified only if there are clear signs of a drunk driver. The main symptoms that you pay attention to:
- When talking, the smell of alcohol is noticeable.
- Unsteady gait or inability to get to your feet.
- Difficult speech or severe violation of pronunciation.
- Finger tremor.
- Redness or blanching.
- Behavior deviates from social norms.
Survey is carried out using a technical device. If the norm of the alcohol content is exceeded in the exhaled air, the driver, upon the request of the traffic police officer, must arrive at the medical institution for testing. The permissible value of alcohol in exhaled air is 0.16 ppm, and in the blood - 0.35 ppm.
It is important to ensure that your rights are respected. The procedure takes place in the manner prescribed by Article 25.7 of the Code of Administrative Offenses.
During the examination, 2 witnesses are involved, who are absolutely disinterested people. Their signatures must be present in the protocol. The task of these people is to see how the procedure is carried out, whether violations were committed, whether there were any features in order to testify in court if necessary. If the driver decides to refuse to be examined, this fact is also recorded by witnesses.
The driver has the right to challenge the test result if there is reason to believe that the device showed an inaccurate figure. You must immediately declare your doubt in the presence of witnesses who play the role of witnesses. In this situation, the traffic police must send the driver to a medical facility that has a laboratory for the examination. The inspector is obliged to take the driver personally, since when there are questions about the likelihood of driving a vehicle while intoxicated or narcotic, the motorist is temporarily deprived of the right to drive. If the driver refuses further examination, witnesses record this fact, signing in the corresponding column of the protocol.
How can a traffic police officer violate the Code of Administrative Offenses and what to do in this case?
Most often, it is the need to independently take the driver to a medical facility that is not respected by the traffic police. Also, there are frequent cases when the examination process begins to be carried out without involving witnesses, and video recording is not being conducted. In some cases, witnesses are attracted after the procedure has been completed. This is a violation of the rights of drivers. Then the measures that threaten the refusal of a medical examination are not applied.
Given these circumstances, the driver has the right to refuse a trip to a medical institution, while not undergoing the preliminary analysis procedure, in which it is proposed to "blow into the tube." In most cases, in order to assert one’s rights, one subsequently has to participate in legal proceedings.
What punishment is provided?
Refusal of a medical examination under Article 12.26 of the Code of Administrative Offenses shall entail one of the following types of punishment:
- In the absence of actions that entailed criminal liability, the driver is charged a fine for refusing a medical examination. Its size is fixed: 30,000 rubles. At the same time, a driver’s license is deprived of a minimum period of one and a half years. Maximum time: 2 years. The deprivation of rights for refusing a medical examination is justified only if an appropriate court decision is made, however, practice shows that the court is inclined to trust the traffic police even if the defendant proves that he is not guilty or the vehicle was stopped without good reason.
- If the driver does not have the right to drive the vehicle, for example, if they were legally seized earlier, punishment will also follow if the medical examination is refused. In the absence of other actions that violate the law, an administrative fine of a fixed amount of 30,000 rubles is imposed, but another penalty is also possible: arrest for 15 days. This should be remembered by the driver, wanting to clarify what threatens the refusal of a medical examination.
The driver must comply with the legal requirements of the inspectors. If a traffic police officer makes abusive words or indicates errors that do not exist, the proposal to undergo a survey can be refused.
If necessary, a person is taken to a medical facility. The results of tests and analyzes are necessarily issued in combination with completed acts, the formation of which is the responsibility of the laboratory employee. If there are no violations, the inspector sends the driver to his vehicle in a company car.
The traffic police inspector draws up a protocol which indicates information on the progress of the case. When filling in, errors or data distortions are unacceptable. In order to prevent unexpected problems from arising, you should control the process of filling out the protocol and do not sign it until all points have been agreed.
Package of documents for the court
The list of papers that must be provided in the form of copies should also be accompanied by the originals:
- A document that confirms the transfer of the case to the court for further consideration.
- A protocol with a clear indication of the reason for referral for a medical examination, as well as an act that must be filled out by a traffic police officer.
- The protocol for refusing medical examination, which indicates what administrative violation the driver committed.
- A protocol with established grounds for removing the driver from the possibility of driving a vehicle.
- If available, an inspection certificate is necessarily attached, the results of the analyzes are attached to it.
- Report of the traffic police inspector, as well as testimonies of witnesses, written in writing.
The protocol, which clearly states that the driver is removed from the ability to drive a car, must contain signatures of witnesses, and both the driver and the traffic police must sign it. Before you put your signature, you need to check whether all the words in the protocol correspond to reality.
How to defend your rights?
It is important to pay attention to how the medical examination procedure begins. Previously involved witnesses. They should see the whole process, make sure that the breathalyzer showed the value indicated in the protocol. Signatures alone are not enough. It is important that witnesses observe the process without being absent.
If witnesses were not involved, and the inspector called other traffic police officers to sign the protocol, this procedure is considered illegal. All results obtained during this test are considered inappropriate in this case. In court, the driver may declare that the procedure was performed incorrectly, then all the materials of the case will cease to matter and will not be able to serve as evidence of the guilt of the motorist. In this case, the measures that threaten the refusal of a medical examination will not be applied if you declare your rights in court. When applying for an unlawful conduct of the procedure, it is necessary to refer to article 26.2 of the Code of Administrative Offenses.
The driver has a wire not to go to a medical facility if the inspector is unable or refused to conduct a medical examination at the stopping place. For example, if a traffic police officer has a faulty breathalyzer, the procedure cannot be performed, and in this case, the driver cannot be forced to visit the hospital. If in this case the problem reaches the court, a petition is necessary that the protocol indicating the direction of the medical examination cannot be attached to the case file.
Before going to court, it is necessary to check whether all the fields in the protocol are filled out correctly, whether the time, date, and if any analysis results are set correctly. If the inspector of the traffic police made a mistake at any stage of the procedure, it should be mentioned in court.
Repeated refusal of medical examination
After the restoration of the right to drive a car, the motorist is given a trial period, which lasts for a year. If during this period it turns out that the person was driving drunk or refused to be examined, a more serious punishment will follow. If you are interested in the threat of a repeated refusal of a medical examination, it is necessary to take into account that several sanctions are possible, including a fine, forced labor or criminal liability.
Options that threaten for refusing a medical examination to a person who committed this offense in the past:
- Penalty from 200,000 to 300,000 rubles. It is possible to assign compensation equal to the salary for a year of work or more.
- Deprivation for refusing a medical examination of the opportunity to drive a vehicle, as well as work by profession if the driver is a person, for 3 years.
- Mandatory work for a period of 480 hours.
- A stricter sanction is possible, under which they can appoint forced labor for 2 years or less.
- Penalties under the Criminal Code.
The list of sanctions applicable to each driver is selected based on the history of previous violations. The degree of intoxication is also determined if a medical examination has been performed. It is possible to use both one punishment option and their complex. In some cases, drivers not only lose the opportunity to continue driving, but are also sent for compulsory treatment and rehabilitation.
Criminal penalty
For drivers who have repeatedly refused a medical facility, the Criminal Code may apply. Even if during the trip the actions of the motorist did not provoke any negative consequences for others, there is a risk of going to prison for up to 2 years. In the event of death of a person, a sentence of 2 to 7 years is possible. With the death of a group of people, the prison term is calculated from 4 years.
Pedestrian medical examination
According to Article 6.9 of the Code of Administrative Offenses, the use of drugs and psychotropic substances is unacceptable without an appropriate prescription from a medical specialist. If a person violates this law or refuses a medical examination, administrative responsibility may be incurred. Many are interested in giving up a medical examination, which threatens a pedestrian. It is important to consider that there are 2 options for punishment. A person will either receive a fine from 4,000 to 5,000 rubles, or they will arrest him for 15 days.
Misconception about a medical certificate
Some drivers do not always take into account the current legislation, but prefer to think over what options for solving the situation are possible. Sometimes motorists are afraid of excessive responsibility, but in some cases they underestimate the authority of the traffic police.
Myth number 1
If you refuse the survey, but on the same day pass it yourself, then the driver will not be punished.
Some drivers think so, but this opinion is erroneous. Administrative responsibility arises not only because the driver drove the car in excess of the level of ethyl alcohol in the blood, but also because he disobeyed the legal requirements of the traffic police officer.
Even if the driver is found to be sober as a result of a subsequent examination, this will not cancel the fact that he did not obey the inspector. However, the outcome of a subsequent trial in court may be of little value. With its help, you can refute the original grounds for stopping the vehicle and removing the driver from subsequent driving.
Myth number 2
It is possible that either a fine or arrest will be applied as a preventive measure, but deprivation of rights for refusing a medical examination will not occur.
Courts often use selective penalties. However, despite this, this rule does not apply to the refusal to undergo a medical examination. The rule for all is one. If the driver is found guilty, both penalties will be applied to him. There is no need to immediately admit guilt, since even in the case of repentance there will be no mitigation of punishment. It is better to use possible clues to prove that the person was innocent. It is impossible to worsen the situation in this case, but there is an opportunity to win the court.
Myth number 3
If you tell the judge the circumstances of the case, believe the driver.
In most cases, the court remains on the side of the inspector. If the driver cannot prove that the representative of the law committed clearly illegal actions, he will be found guilty, and the decision will most likely contain a phrase indicating that there are no reasons not to trust the traffic police officer. Even if the testimony of the driver and the inspector are completely different, the court takes the side of the second.
In order to be able to refute his guilt and prove that the inspector’s actions were unlawful, all claims must be written. If necessary, confirm them with documents. Talking about the violations directly in the meeting room verbally, the driver will not achieve recognition of his innocence. During the hearing, the testimonies of the parties are not recorded, because of which the court has the right not to pay attention to the words of the defendant, as well as take some words from the context and use them at their discretion, and delete the rest.
After refusing a medical examination, the traffic police officer draws up the appropriate protocol. This document is very important. You must carefully read it, and if errors are found, present them in court. It is important to carefully monitor the actions of the inspector, since in case of any violations by representatives of the law, the procedure can not be passed or responsibility for a positive test result can be avoided if the blood alcohol content has already been checked. Even if the inspector’s actions were fully authorized, and the driver is held liable for the repeated refusal of the survey, you can subsequently return the rights ahead of schedule by submitting a corresponding application.