In accordance with paragraph 2.9 a According to the Traffic Regulations of Ukraine, the driver is prohibited from driving a vehicle under the influence of alcohol, drugs or other intoxication, as well as under the influence of drugs that affect attention and reaction.
Violation of this requirement entails administrative liability, as established by Article 130 of the Code of Ukraine on Administrative Offenses (CUAO).
Read our article to find out what the liability is for a driver refusing to undergo a drunk driving test.
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Can a driver refuse to undergo a drunk driving test?
The examination procedure is regulated by current legislation.
It can be carried out directly at the place where the vehicle is stopped by a police officer using certified devices (in particular, the Dräger type), permitted by the Ministry of Health and other authorized bodies.
In the absence of such technical means or in controversial situations, the examination can be carried out by a doctor in a medical institution.
In rural areas where there is no doctor, such a function can be performed by a specially trained paramedic at a feldsher-midwife station.
The results of the inspection, if the procedure was carried out in accordance with the established requirements, have the force of official evidence.
In case of refusal to undergo a test for intoxication, the police officer draws up a corresponding administrative protocol Art. 130 of the Code of Ukraine on Administrative Offences.
Although such a refusal is considered as evidence of an offense, it does not provide medical evidence of intoxication. However, it may be sufficient for a court decision.
The court determines whether an offense has taken place, evaluates the evidence collected, determines the degree of guilt of the person, his financial situation, and other circumstances of the case.
The Constitution of Ukraine guarantees the presumption of innocence, so all doubts regarding a person’s guilt are interpreted in his favor.
If there is insufficient evidence, the court has the right to close the proceedings due to the lack of evidence of an offence.
At the same time, if the collected evidence is sufficient, the court may decide against the driver, even without a medical examination.
Driver's refusal to undergo a test for intoxication: liability
In the article Article 130 of the Code of Administrative Offences of the Ukrainian Federation states that driving a vehicle while under the influence of alcohol, drugs or other intoxication, as well as under the influence of medications that reduce attention and reaction, as well as handing over control to a person in such a state, is a violation of the law.
This category also includes the driver’s refusal to undergo a test for intoxication or the use of medications that affect the ability to safely drive a car.
What is the fine for refusing to undergo a drunk driving test at the request of the police:
- For such actions a fine of 1,000 non-taxable minimum incomes of citizens ( 17 thousand UAH ) is provided, with deprivation of the right to drive vehicles for a period of one year.
- In case of repeated violation within one year, stricter liability occurs. The driver faces a fine of 2,000 non-taxable minimums ( 34 thousand UAH ) with deprivation of the right to drive for a period of three years, and also possible paid confiscation of the vehicle or administrative arrest for a period of 10 days with the same accompanying consequences.
Is it worth signing a protocol on an administrative offense?
The procedure for examining a driver for alcohol or drug intoxication is clearly regulated and described in a Cabinet of Ministers resolution.
Failure to comply with this requirement by the police is grounds for such an inspection to be declared invalid in court.
Lawyer Roman Simutin says that all violations and the procedure for examining a person for alcohol intoxication are recorded by the police on a body camera.
Therefore, the video recording is evidence and is carefully studied in court. According to the lawyer, there is no need to refuse to sign the protocol or to receive a copy of it.
This usually happens if the driver does not agree with the inspection results or the fine issued. But such a protest by the driver will not be an argument for his acquittal in court.
The lawyer notes that the protocol contains a special column for comments.
Therefore, if a person refused to sign the protocol, citing their disagreement, but did not indicate in the column of this protocol that they did not agree with the conclusion or inspection of the police, then the judge will not take this version into account and will consider it a fabrication to avoid responsibility.
All arguments regarding disagreement with the actions of the police must be indicated in a special column of the protocol.
