In the legislation of the Russian Federation, a paragraph on the permissible norm of alcohol content again appeared - 2.5 years after its abolition. And millions of drivers have a lot of questions about whether the blood alcohol norm has changed compared to the indicators from the previously repealed amendments and whether it is possible to return the rights taken away on the basis of the conclusion that there is alcohol in a lower or the same concentration.
What the breathalyzer shows
This is a device showing the amount of alcohol in the human body. And at the same time it is a terrible dream of any driver. The simplest breathalyzers - SIMS tubes and "Sobriety Control" simply determine the presence of alcohol, but do not show its concentration.
By appointment, they share professional and personal devices. In a separate category, breathalyzers for traffic police are distinguished. It is by them that the permissible rate of alcohol at the wheel is determined. Breathalyzers show its amount in ppm. That is how many grams of alcohol a liter of blood contains. For example, one ppm is 1 g of pure alcohol contained in a liter of blood. Accordingly, when converted to percentages, this means 0.1%. It remains only to add that one ppm is a high concentration, which means marked intoxication.
Is it possible to trick the device
A common myth is that a breathalyzer can be deceived with the help of various tricks and tricks. For example, drink 100 g of sunflower oil or chew sweets that discourage the smell of alcohol. It is difficult to imagine how the oil works, it is even more difficult to imagine a person who is able to drink at least half the recommended dose. But peppermint candies certainly will not help. The device reacts to the presence of alcohol in the exhale, and not to the smell, so it will not work out.
You can, of course, cheat and blow by if you use a device without a mouthpiece, but if the traffic police inspector notices this trick, then he will be very angry. And you should not conflict with traffic inspectors!
So the only way out is for the driver to have only the permitted rate of alcohol in the blood. That is, you need to consume less alcohol, and ideally completely abandon them. And if you couldn’t manage without alcohol, and tomorrow you need to be driving, you need to have a good night's sleep, have a good dinner and breakfast, and possibly go to the bathhouse. Although alcohol and steam baths are also not the best combination for health.
How not to be deceived yourself
Fraudsters are found everywhere, and, sadly, they are among the traffic police. For example, they can use a device that shows the presence of alcohol, even if the driver did not drink alcohol. How to act in such a situation?
Need to insist on medical examination! As a rule, if the driver confidently says that he did not drink and is ready for a medical examination, he is released with an apology. Or without apology.
However, you should never not only drive drunk, but also approach your own car while intoxicated. If a drunk driver is detained near his car, they can be deprived of their rights, regardless of whether he was planning to go somewhere or simply wanted to sit inside. It is useless to prove their innocence in this situation, and the court almost always takes the side of the traffic police.
Old law
The permissible rate of alcohol while driving is not an innovation, but the return of old amendments to the legislation of the Russian Federation. They were first introduced in 2008 against the backdrop of universal approval. Our legislators cited the experience of European countries and the USA as an example. From the TV screen, they repeatedly voiced how much low-alcohol and strong drinks can be drunk so as not to lose their rights. So what is the norm of alcohol in the blood was previously prescribed in the legislation?
Drivers could operate the machine at a concentration of pure alcohol of 0.3 g in one liter of blood and up to 0.15 g in exhalation. However, already in 2010, these amendments were canceled - and the permissible norm of alcohol in the blood again became zero. This caused a storm of indignation and massive fines among drivers who did not yet know about the introduction of the “dry” law.
The reaction of the breathalyzer to kefir or kvass
Most often, among the indignant exclamations, phrases were heard saying that you can’t even drink kvass and kefir before you drive. Because the breathalyzer, they say, picks up even the slightest concentration of alcohol and shows a value other than zero, which directly leads to the deprivation of rights.
Is this true? To some extent, yes. For example, if you drink kvass or non-alcoholic beer (alcohol up to 0.5%), then in a couple of seconds after drinking drinks, the device can show 1-1.5 ppm. But in a minute the readings will drop to zero. This is due to the fact that the first sample was taken practically from the vapors, and not from the lungs, as required.
There is a direct correlation between the weight of a person, the strength of the drink and the time elapsed after drinking. It was estimated that if a medium-sized driver drinks four liters of kvass (0.5% strength), then after half an hour the breathalyzer will show 0.12 ppm, and after 1.5 hours - 0 ppm. However, it is difficult to imagine a person who simultaneously drank 4 liters of kvass and immediately got behind the wheel. It is even more difficult to drink the same amount of kefir. So it turns out that the drivers were in vain indignant? There was no need to return the amendments?
Breathalyzer Accuracy
Drivers had every right to resent, especially those who, in principle, do not drink alcohol while driving. The fact is that the breathalyzer has its own measurement error, albeit a small one. In the range of small measurements (up to 0.5), it is, as a rule, ± 0.05 ppm. With an increase in the alcohol content in the exhale, the error can reach 15-20% of the readings. In addition, their accuracy depends on the type of device and weather conditions.
In fact, if we accept that the norm of alcohol in the blood of the driver should be equal to zero, then it is necessary to somehow take into account the possible error. And it is precisely on this that the introduction of amendments to the legislation of the Russian Federation is more oriented. That is, drivers are not given permission to drink alcohol, even in small doses, but they reduce the possibility of an unjust punishment based on incorrect testimony of a breathalyzer.
What may affect the reading
The permissible rate of alcohol while driving cannot be zero, not only because of the error of the devices. There are several other factors that can affect the breathalyzer. These are alcohol-based medicines, toothpaste and rinse aid, cigarettes, strong-smelling foods, spicy dishes, peppermint gum and any food that contains a lot of essential oils. The list is pretty impressive, but it's not as scary as it seems. An increase in the readings of the device can be observed only within a few minutes after eating some foods. After this time, zero or a small digit will be displayed on the scale, which falls within the range of permissible error.
But the terrible myth of an increased level of endogenous alcohol has not been confirmed. According to competent experts, its quantity in the human body is so small that not a single device will react.
Permissible alcohol rate while driving
So, the possibility of error exists, which means that corrections should be returned. It was this decision that the State Duma deputies made and returned the concept of the permissible rate of alcohol. 2013 was a time of fierce debate. Not everyone considered such a move reasonable. But still the decision was made. The new blood alcohol rate is 0 ppm. The permissible value of absolute alcohol in the exhale is 0.16 ppm. What do these numbers mean? A note appeared in article 12.8 of the Code of Administrative Offenses of the Russian Federation , which clarifies that the responsibility of the driver occurs in the presence of drugs or psychotropic drugs in his body or the presence of ethyl alcohol in excess of a concentration of 0.16 mg per liter of air. This value was defined as exceeding any possible error.
In fact, this amendment means that you can’t drink while driving, and it is aimed at eliminating the corruption of traffic police officers and at reducing the number of unjustly punished drivers who are deprived of their rights even for very small numbers on a breathalyzer.
Medical indicators
And from the point of view of narcologists, what should be the norm of alcohol in the blood? Promille is an indicator by which alcohol concentration can be determined, but what do these numbers actually mean?
So, absolute sobriety, or zero alcohol content, practically does not exist, and a person with indications of 0.1-0.13 ppm is considered sober. At 0.2-0.5 - the perception of moving objects decreases, attention and concentration decrease. Caution disappears.
A concentration of 0.5-0.7 shows that a person cannot correctly assess the distance, distinguish colors and maintain balance. He has a slow reaction. However, a critical attitude towards one's own condition remains.
At 0.7-1.3 ppm, a state of severe intoxication sets in: a decrease in attention, inability to quickly assess the situation. Concentration of 1.3-2.4 is a very intoxicating. In humans, speech and coordination are impaired. There is no self-control.
The maximum norm of alcohol in the blood is 3-5 ppm. She is deadly.
So, as we see, the new amendments were introduced taking into account real medical indicators. And if earlier it was allowed 0.3 ppm in blood, which many drivers accepted as permission to drink before the trip, today they can’t drink strong drinks.
Permissible blood alcohol rate in different countries
The Russian Federation is not the only state where it is forbidden to drive a car after taking alcohol. A similar practice has been introduced in the UAE, Japan, Romania, Saudi Arabia, Iraq, Armenia, and a number of other countries.
- In Algeria and Albania, the allowable blood alcohol norm is 0.1 ppm.
- In Estonia, Norway and Poland - 0.2.
- In Georgia, Belarus and Uruguay - 0.3.
- In Lithuania and in Jamaica - 0.4.
- In France, Monaco, Thailand and Portugal allow 0.5 ppm.
- In Bolivia, Honduras and Ecuador - 0.7.
- In the Bahamas, in England, the USA and Singapore - 0.8.
The largest value of the permissible norm in the Cayman Islands and Lesotho is 1 ppm. And a number of countries, for example, Ethiopia, Bhutan and Angola, do not limit drivers to drink alcohol at all.
Is it possible to return the rights, referring to the presence of an error in the breathalyzer
You can, if you prove that the device really has it. That is, it is necessary to undergo a medical examination, which will show the absence of alcohol in the blood. Only such evidence will the court consider sufficient to decide in favor of the driver.
If you do not pass the examination on time, you can lose your driver’s license.
How to return rights after the adoption of the new law
In this case, retroactive force mitigates the punishment of drivers for an offense. This is regulated by the second part of Art. 1.7 Administrative Code.
That is, if the driver was deprived of his rights due to the content of alcohol in the exhale up to 0.16 ppm, then he can file a motion with the court to review the case in connection with the adoption of new amendments. Consequently, retroactive force is applicable to the law.
Drivers punished with a concentration of 0.16 ppm or higher will not be able to regain a driver’s license.
Driver survey
Previously, the permissible norm of blood alcohol was 0.3 ppm, which made it possible for drivers to drink a glass of beer without fear that they would have to lose their rights. Today, only 0.16 ppm in exhalation was allowed (and then as the probable total error). But how much do drivers really drink?
According to anonymous polls, 2.7% of respondents regularly get drunk behind the wheel. Almost half of all respondents (49.2%) say that they never drive while intoxicated, because this is associated with a risk of harming their health, strangers, relatives, as well as the possibility of death. Only 8.8% of motorists do not drink because of fear of losing their rights. And as many admit that they drive a car drunk while relaxing in the country, on uninhabited country roads. And 14.8 percent of the respondents admitted that they had driven the vehicle “decently drunk” at least once.
In general, the adopted amendments can be called a concession to those deputies who wanted to introduce a real norm of alcohol, but at the same time cited arguments about device errors, diabetic drivers and the level of endogenous alcohol. And now we have a threshold of 0.16 ppm, which is designed to cover any error. You can’t drink while driving - and rightly so. After all, the relationship between the increase in alcohol in the blood of drivers and the increase in the number of accidents has long been proven and does not need additional confirmation and verification.