I refused an alcohol test, what should I do?

Refusal of medical examination: how to get your license back

The content of the article

Recently, cases of bringing motorists to administrative liability for refusing to test for intoxication have become more frequent. In most cases, when refusing to undergo a test for intoxication, drivers are not aware of the responsibility for such acts and believe that they can calmly refuse to undergo this procedure without adverse consequences.

However, this is a misconception. After all, activities in the field of transport always involve risks for the life and health of others, and a drunk driver poses an even greater threat.

What are the penalties for this act, is it possible to avoid liability for this offense, is there a possibility will be discussed in the following chapters.

What to do if you refuse a medical examination

A driver who refuses an on-site medical examination may be taken by a traffic police officer to a specialized institution that carries out this procedure. It is better not to refuse to undergo an examination in a hospital, all the more carefully you need to be careful about signing the documents provided by the inspection officer, since they may contain a refusal to undergo a medical examination.

If the driver does not consent to this examination, citing the impossibility of passing for various reasons, then it is important to remember that according to Article 2.7 of the Code of Administrative Offenses of the Russian Federation, in case of emergency, punishment for the offense committed is not provided, but for this the following circumstances must exist:

threat to life, health or property of the driver or another person;
threat to society or the state;
the driver had no other way to prevent the threat.

For example, a driver delivered a seriously ill person to a medical facility and could not undergo examination due to existing circumstances that fall under the criteria of extreme necessity, and cannot be deprived of a driver’s license. However, these circumstances should be confirmed either by witness testimony, or by an audio recording of a conversation with a traffic police officer or a recording from a video recorder.

You should also pay attention to the very procedure of the traffic police officer and if there are violations, the driver has the right to refuse a medical examination:

the traffic police officer did not provide conditions for the examination;
lack of understandability;
the driver shows no signs of alcohol intoxication. The presence of grounds for undergoing a medical examination must be confirmed by attesting witnesses.

These violations should be noted in the protocol, as this will help determine the legality of the inspector’s demands.

Responsibility

In accordance with Art. 12.26 of the Code of Administrative Offenses of the Russian Federation, this action entails administrative liability and a fine of 30 thousand rubles with deprivation of a driver’s license for 1.5 to 2 years.

If the driver does not have the appropriate license or has been deprived of it, or refuses to undergo an intoxication test, one of the following penalties may follow:

arrest from 10 to 15 days
a fine for individuals against whom arrest cannot be applied in the amount of 30 thousand rubles.

It is worth noting that these penalties are applied if they do not contain signs of a crime. That is, unless the accident results in serious bodily injury or death. If these facts occur, the guilty person is liable in accordance with the criminal code.

It can be seen that the punishment for these actions is quite severe. Therefore, you should react responsibly to the legal requirements of road service employees and undergo examination by a medical organization. Such a requirement will be legal if:

you were unable to undergo an examination using technical means (breathalyzer);
if there are reasonable grounds to believe that you are intoxicated, but the tester shows a negative result.
if you do not agree with the results of the examination using technical means.

The law includes (one or more) signs of intoxication:

speech disorder;
smell of alcohol from the mouth;
unstable posture;
rapid change in skin color;
behavior that is inappropriate to the situation.

That is, if you have the data and the above signs, you cannot refuse to undergo the examination. You can refuse to be examined by police officers, but you must definitely visit a medical organization, upon the direction of an inspector, to check this condition.

Important! If you ignore the protocol on referral for examination, administrative liability will inevitably follow.

How to avoid punishment for refusing a medical examination

If the driver refuses a medical examination, not knowing that Article 12.26 of the Code of Administrative Offenses of the Russian Federation for such a refusal faces administrative liability in the form of deprivation of a driver’s license, or was misled by a traffic police officer, you should immediately contact the nearest medical institution that has the right to conduct this independent examination. The report received during the examination will be evidence confirming that the driver did not violate the rules established by law when considering a case of an administrative offense in court.

Important! The driver will not be able to undergo a medical examination without a referral from a traffic police officer at a government agency. To do this, you should contact a paid clinic that provides this service; the conclusion in this case will be lawful and should be accepted by the court as evidence refuting the inspector’s grounds for removing the driver from driving the vehicle and the requirement to undergo a medical examination.

If the driver was unable to carry out an independent examination after refusing to undergo a medical examination in the next few hours, then the only option to avoid punishment for this offense is to find grounds for dismissing the administrative offense case. Such grounds may include:

failure to provide a video recording from an installed recorder or the absence of attesting witnesses when drawing up a protocol by a traffic police officer on refusal to undergo a medical examination - the protocol may be declared invalid and will not be accepted as admissible evidence by the court;
the documents drawn up by the traffic police officer contain significant errors (inaccurate information, the name of the detained driver is written incorrectly, the protocol on suspension was drawn up later than the protocol on passing for a medical examination, etc.);
misleading the driver by the traffic police officer, or concealing the meaning of the documents being filled out, not informing about legal rights, etc.

The driver must very carefully check all the documents that the inspection officer provides for signature, if possible, record the conversation when stopping the vehicle and complete the appropriate documentation, so as not to lose his driver’s license in the future.

How to return rights

In the case where the driver refused to be tested for intoxication with a tester and did not appear to the doctor according to the protocol of the police officers, then it is obvious that liability will arise under this article. Actually, no appeal will help in this case. This can only delay the execution of the judicial decision. That is, the rights will be taken away in any case.

In some cases, if the protocol contains gross errors and the procedure for its preparation is violated, you can try to appeal the document in court or a court decision based, among other things, on this document. However, in practice, even the above errors and violations do not entail the cancellation of the court’s decision to prosecute. Courts are often inclined to trust the papers and testimony of law enforcement officials.

The courts believe that a violation of the procedure for bringing to justice does not mean that a specific person has not actually committed a given offense, especially if it is established by documents of law enforcement agencies. Therefore, decisions on administrative offenses are very rarely overturned even in the Supreme Court.

Thus, the chances of overturning the court's decision to hold this person liable are very low. Therefore, all that the guilty party can do is delay the execution of the court decision by filing complaints against the decisions of lower courts. In practice, complaints are filed first to the district court against the decision of the magistrate, then to the regional court against the decision of the district court. After the appeal, the decision comes into force and must be executed.

Of course, you can still apply for an installment plan for the execution of a judicial act, documenting your difficult financial situation. Although, given the size of the fine, the court may allow installments for a couple of months.

How to return your license early

Current legislation defines a list of traffic violations, according to which only for certain types of administrative offenses it is possible to return a driver’s license early. This list does not include Article 12.26 and Article 12.27 of the Code of Administrative Offenses of the Russian Federation, which provide for punishment in the form of deprivation of a driver’s license for a driver’s refusal to undergo a medical examination and for driving a vehicle while intoxicated. Thus, for this type of violation, early return of rights is not provided.

Court for refusal of medical examination

The jurisdiction of this type of case is assigned to the magistrate in accordance with Article 23 of the Code of Civil Procedure of the Russian Federation. The magistrate reviews the provided case materials and, based on the issued protocol and analysis of the factual evidence, makes a decision either to terminate the proceedings in the case of an administrative offense, or a resolution on an administrative offense, which includes punishment in the form of deprivation of a driver's license for a specified period.

How long until the trial?

After a traffic police officer draws up a protocol on an administrative offense, it must be sent to court within three days from the date of its preparation. After receiving the protocol, the judge is obliged to consider the case within two months on the basis of the materials provided and make a ruling (decision) in accordance with clause 1.1, part 1, article 29.6 of the Code of Administrative Offenses of the Russian Federation.

What are the chances of getting your license back in the regional court?

If the magistrate made a decision to deprive the driver of the special right to drive a vehicle, or a district court decision has already been made, then within ten days the driver has the right to appeal this decision through a higher court in accordance with Art. 30.2 Code of Administrative Offenses of the Russian Federation. A complaint by way of appeal or supervision is filed directly with a higher court.

Filing a complaint to the regional court will allow the full re-examination of the case of an administrative offense for refusal of a medical examination and provide new evidence that may change the decision in favor of the driver deprived of a driver’s license. Based on the results of the consideration, the court makes a reasoned decision to satisfy the complaint or refuse to satisfy it.

What to say in court

At the court hearing, the driver should comply with the procedural rules of conduct established by the Code of Civil Procedure of the Russian Federation and answer the questions posed clearly and concisely. The driver has the right to provide arguments indicating the illegality of actions on the part of the inspection officer or an improperly executed protocol, violation of the procedure for sending for an examination to determine the state of alcohol intoxication, or failure to provide such an opportunity. They must contain evidence in the form of DVR recordings provided to the court, audio recordings of a conversation with a traffic police officer, witness testimony, etc.

If the refusal of a medical examination occurred in case of emergency, it is worth mentioning this and providing testimony, since Art. 2.7 of the Code of Administrative Offenses of the Russian Federation exempts from punishment for administrative offenses in this case.

If there were no attesting witnesses present when drawing up the protocol, then courts often do not accept such an argument due to the fact that when signing the protocol, the explanations and comments column does not contain a record of the absence of attesting witnesses. It is very important for the driver to carefully read the documents before signing the protocol.

Arbitrage practice

An analysis of judicial practice shows that the basis for canceling a court decision in a case of an administrative offense under Article 12.26 of the Code of Administrative Offenses of the Russian Federation can only be a violation of the established procedure for sending and conducting a medical examination by a traffic police officer, as well as the legality of his requirements.

So, for example, a judge of the Zelenogradsky District Court of Moscow, on appeal, overturned the decision of the magistrate of court district No. 3 of the Matushkino-Savelki district of Moscow, indicating that the basis for the cancellation was the illegality of the demands of the inspector, who unreasonably demanded to undergo a medical examination, based on subjective judgment.

In this publication, we examined the penalties for refusing to take an intoxication test, the possibility of avoiding liability for this offense, as well as the likelihood of returning the certificate. Since this type of offense is fraught with many nuances, when a traffic police officer draws up a protocol, you should immediately contact our auto lawyers, who will quickly help resolve the situation and will not allow the driver to lose the right to drive a vehicle.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge.

Is it possible and how to avoid punishment for refusing a medical examination?

Can! But, as in any other situation, only if there are proper grounds for this - when there is any doubt about the driver’s guilt. In 2019, a medical examination, as well as the procedure for referral to it, are carried out according to the rules specified by law. If procedural violations are committed, the driver has a high chance of avoiding punishment for refusing it, even knowing that there is indeed alcohol in the blood.

Refusal to undergo examination: what is it and what is the punishment?

The very first thing we need is to learn to understand the difference in 2 types of procedural actions on the part of the traffic police officer:

examination for alcohol intoxication (and only for alcohol) – is carried out on the spot on the road and can be avoided easily and without consequences by simply refusing to blow into the “pipe”,
medical examination - done in a medical institution (including a portable one, if there is one).

Clause 227.1 of the Administrative Regulations defines a number of signs, guided by which, the inspector can conduct an alcohol intoxication examination (OSIAO) against the driver. Such grounds include:

alcoholic smell;
instability of posture;
incoherent speech;
sudden change in complexion;
behavior that is inappropriate to the situation.

If they are detected, the police officer removes the driver from driving and conducts an examination using a breathalyzer. But the driver has every right to refuse to be tested for intoxication on the spot, and nothing will happen to him for this - a fine, much less deprivation of rights, is not provided for this. It is enough to express your reluctance verbally; no one can force you to breathe into the tube.

However, such a refusal will most often serve as the basis for referral for a medical examination (clause 234 of the Administrative Regulations), which must be distinguished from a regular on-site examination. It is carried out by accredited medical specialists in a licensed healthcare facility or equipped mobile unit.

To send for such a procedure, the inspector draws up a protocol in which he records the refusal on the spot. All this is confirmed by the signatures of witnesses, who must personally verify your will and personally hear the refusal.

But no one can force a driver to undergo testing; he has the right to refuse the procedure. However, if the driver refuses a medical examination (MOSO), the inspector will again draw up a report, but this time about an administrative offense under Part 1 of Art. 12.26 Code of Administrative Offences. In this case, much more severe consequences await you; the punishment for refusing a medical examination is a fine of 30 thousand rubles and deprivation of rights for 1.5-2 years.

Is it possible to avoid responsibility?

Yes! But this is only possible if the inspectors committed violations when processing your refusal, or if the conditions for checking the driver did not meet the requirements of the law, and this, in turn, could affect the incorrect results of the examination.

Initially, non-compliance with the conditions for conducting an examination, stipulated by Government Decree No. 475 of June 26, 2008 and Order of the Ministry of Health No. 933n of December 18, 2015, can be considered as violations.

Based on the provisions of these regulatory legal acts, a refusal to take tests will be completely legal if it is due to (we list below the most common violations during the procedure):

non-compliance of the mobile medical examination point with the Requirements, including temperature and humidity, equipment, and its size;
the medical institution does not have the necessary license, and the doctor does not have the necessary certificates, licenses and certificates of special training;
the use for medical examination of devices for the use of which there is no permission from Roszdravnadzor;
absence of the verifier's seal or its discrepancy with the imprint contained in the passport of the device for testing exhaled air, or verification carried out by a non-accredited organization;
using a tester provided by police in a medical facility;
doubts about the authenticity of the tester’s verification certificate, for example, a discrepancy between the verification date in the certificate and the passport, the absence of a signature in the verification report;
lack of certificates of compliance of the device with GOST requirements;
lack of documents that the device for testing alcohol vapor in the exhalation is registered as a medical device.

We recommend that you reflect any of these violations of requirements in your explanations in the protocol under Art. 12.26 Code of Administrative Offences. This will help in making a decision in the case in the future.

Procedural violations during examination

But even if such facts did not occur in practice, subsequent study of procedural documents will help to identify violations on the basis of which the procedure for bringing to justice can be considered unlawful.

It is regulated by the Administrative Regulations, and if you see that the actions of the inspectors do not comply with its requirements according to the procedure, you should not point out the violations to them. Remember this! Subsequently, such violations will help you get away with it.

These include:

lack of witnesses and video recordings during removal from management, drawing up protocols, appearance of witnesses after drawing up procedural documents, lack of video recordings of the offer to undergo an inspection;
absence of signatures of witnesses in the protocol on referral for a medical examination, the refusal of which followed later;
violation of procedural chronology - protocol under Art. 12.26 of the Administrative Code was drawn up later than the protocol on referral for a medical examination;
failure to remove the driver from driving - the first thing the police must do is to exclude the possibility of further driving, about which they will draw up a report, and then only carry out the remaining procedural actions. If this is not done, any other protocols are illegal;
proposal of inspectors to sign a blank protocol. You must definitely write about this in your explanations;
the protocols do not contain the exact stop time, the address or they do not correspond to reality, or they differ in different protocols;
the protocol on referral for a medical examination specifies criteria and grounds for referral for examination that differ from those specified in paragraph 3 of the Rules, for example, “pungent odor from the mouth” instead of “smell of alcohol from the breath”;
discrepancy in the doctors’ conclusion between the phrase about the driver’s refusal and the text provided for in clause 14 of the Procedure;
discrepancy between the signatures of the same witness in different procedural documents, a significant difference in the explanations of different witnesses, which makes the protocols unacceptable evidence in the case;
failure to explain to the driver his rights, in particular, the provisions of Art. 25.1 Code of Administrative Offences. Based on this, the court must find that the driver was not aware of the scope of procedural rights granted to him, and this violates his right to defense.

Fine and deprivation of rights for refusing to undergo a medical examination

In accordance with the provisions of the current legislation, a traffic police officer who suspects that a driver is driving while drunk has the right to send him for a medical examination.

So what is this procedure? When is it held? In what order? What is the penalty for refusing to undergo a medical examination?

When is a driver required to undergo a medical examination?

The law clearly defines situations when a detainee must undergo such a procedure. According to clause 2 of section I of the RF PP No. 475, the driver must be sent for a medical examination if there is:

obvious signs of intoxication;
previously initiated case under Art. 12.24 Code of Administrative Offenses of the Russian Federation.

In accordance with paragraph 3 of the mentioned Resolution, signs of alcohol intoxication sufficient for referral for examination include:

characteristic odor from the mouth;
unstable posture with loss of balance;
incoherent speech;
acquisition of unnatural facial coloring;
inappropriate behavior.

Procedure for testing for alcohol

The specific algorithm of actions is described in detail in RF PP No. 475. It is this regulatory act that traffic police officers are guided by when detaining a drunk driver.

Actions before examination

This procedure is preceded by the following two steps:

First of all, the driver is removed from driving the car (Clause 2 of Article 27.12 of the Code of Administrative Offenses of the Russian Federation).
Next, the traffic police officer who detained the driver must, in accordance with clause 6 of section II of RF PP No. 475, explain to him:
- How does the examination procedure work?
- about the breathalyzer with which the procedure will be carried out;
- about the integrity of the seal placed by the attorney on this device;
- about the presence of a verification certificate or a corresponding entry in the technical passport of this device.

On-site inspection

The examination at the scene of the incident is carried out by an official with the appropriate authority. As a rule, this is a traffic police officer who caught the driver drunk.

To confirm that the owner of the car actually drank alcohol, a special device is used, certified and approved for use. This type of equipment is called a breathalyzer or breathalyzer.

During the procedure, a traffic police officer, using an appropriate device, takes a sample of exhaled air from the offender. The fact of alcohol consumption is confirmed if, based on the results of such a test, it is determined that the concentration of ethanol exceeds the permissible norm, that is, more than 0.16 mg per 1 liter of exhaled air .

The results of the examination are recorded in the protocol in accordance with the form approved by Order of the Ministry of Internal Affairs of the Russian Federation dated August 4, 2008 No. 676.

Sending the driver for a medical examination

The driver may be sent for a medical examination under the following circumstances:

refusal to take a breathalyzer test;
the offender does not agree with the results of the inspection;
the fact of intoxication is obvious, but the results of the examination are false.

The referral is made in the presence of witnesses . The latter must meet the following requirements:

there must be at least 2 people;
age of majority;
lack of interest in the outcome of the case.

In practice, situations sometimes occur when traffic police representatives do not have the opportunity to attract witnesses. In this case, traffic police officers can record the medical examination on a video camera (clause 2 of article 27.12 of the Code of Administrative Offenses of the Russian Federation).

In general, the fact of referral for a medical examination is documented in an appropriate protocol, in which a record must be made of the participation of witnesses or the use of video recording.

Passage in healthcare organizations

The procedure for conducting a medical examination is described in Section III of Government Decree No. 475 of the Russian Federation.

According to this regulatory act, only those organizations that have a license to carry out medical activities have the right to carry out such a procedure. At the same time, not only full-fledged hospitals, but also mobile medical units that meet a number of requirements established by legislation in the field of healthcare can act as such institutions.

This type of examination can be carried out by a psychiatrist-narcologist or another doctor with appropriate training in this field. At the same time, the driver’s condition itself is assessed according to the procedure prescribed in Decree of the Government of the Russian Federation of December 18, 2015 No. 933n.

In general, the following main features of such an examination can be identified:

The results are documented in a special act, drawn up in 3 copies.
The fact of a medical examination must be recorded in a special journal.
If the driver is in a helpless state, then to check the presence of alcohol, his biological fluids are taken and laboratory tests are carried out on them. Based on the results of this procedure, a corresponding certificate is prepared, which is also attached to the medical examination report.

What is the penalty for refusing a medical certificate? Fine and deprivation of driver's license in 2019

For a driver’s refusal to undergo a medical examination procedure, the law provides for 2 penalties:

administrative liability (initial violation);
criminal (in case of repeated resistance).

What article of the Code of Administrative Offenses of the Russian Federation?

In accordance with Part 1 of Art. 12.26 of the Code of Administrative Offenses of the Russian Federation, in case of refusal to undergo such an examination, the following punishment may be applied to the violator:

a fine of 30,000 rubles;
deprivation of a driver's license for drunkenness for up to 2 years.

What does a driver face for repeatedly refusing a medical examination?

If it turns out that the driver has previously been brought to administrative responsibility for unwillingness to undergo a medical examination, then he will already face a criminal case. According to Art. 264.1 of the Criminal Code of the Russian Federation, the following punishment options may be imposed on the violator:

a fine in the amount of 200,000 to 300,000 rubles;
compulsory work for a period of up to 480 hours;
assignment to forced labor for 2 years;
imprisonment for up to 2 years.

Moreover, regardless of the type of punishment imposed, the offender is additionally prohibited from holding certain positions for 3 years .

Is it possible to refuse to take a test for alcohol intoxication without consequences?

This option is possible if the driver can prove that the traffic police officers detained him illegally . In any case, there will be a trial during which the accused will be given the opportunity to defend himself.

It is worth noting that the success of the entire business largely depends on the following factors:

Having the support of an experienced lawyer for deprivation of a driver's license who can competently justify his client's innocence from a legal point of view.
The driver shows no obvious signs of intoxication. If he can prove that the detention and referral for examination occurred under such circumstances, then the chances of a successful outcome of the case will increase significantly.

What to do if you refuse a medical examination for alcohol and/or drug intoxication?

The entire registration procedure in case of refusal to undergo a medical examination is as follows:

First, the traffic police officer draws up a protocol.
All materials are submitted to the court.
A trial is scheduled.
The offender is given the opportunity to appeal the decision.

Preparation of the protocol

The fact of refusal to undergo a medical examination must be recorded by the traffic police officer in the protocol on the commission of an administrative offense. The requirements for the form and content of this document are reflected in Art. 28.2 Code of Administrative Offenses of the Russian Federation. So, this procedure has the following features:

the authorized person who detained the drunk must explain his rights and obligations;
the protocol must be presented to the driver for review;
the document must be signed by the traffic police officer who compiled it and the person against whom the administrative case was opened (or his representative);
Based on the results of the registration procedure, the violator is given a copy of the protocol (against signature).

Consideration of the case in court

Currently, cases related to deprivation of a driver's license are being considered by the judiciary. However, such issues are within the competence of the magistrate’s court. Thus, after registering the fact of a violation in the form of driving while drunk and refusing a medical examination, the employee submits all the materials of the case to the court.

Court decision on deprivation of driver's license

According to paragraph 1 of Art. 154 of the Code of Civil Procedure of the Russian Federation, cases within the jurisdiction of a magistrate are considered and resolved within 1 month. As a result of the trial, one of the following decisions may be made:

on the application of the appropriate type of punishment and deprivation of a driver’s license;
to find the driver not guilty.

Thus, if the driver’s guilt is not established, he will not have to give up his license after the decision is made.

How to get my rights back? Appeal after deprivation

In accordance with Art. 320 of the Code of Civil Procedure of the Russian Federation, a driver in respect of whom the court of first instance made a decision to deprive him of a driver’s license has the right to appeal such a verdict. In this case, the convicted person should write an appeal to the district court.

The grounds for challenging a decision made by a magistrate may include:

errors made when drawing up the protocol;
lack of witnesses or video recording when sent for a medical examination;
violation of inspection rules.

The driver has the opportunity to challenge the decision made by the magistrate within 1 month from the date of its adoption . So, if, based on the results of consideration of such a complaint, the initial decision of the magistrate is canceled, then the citizen against whom the administrative penalty was applied will have his driver’s license returned.

Positive judicial practice

In judicial practice, there are many cases related to refusal to undergo a medical examination and deprivation of a driver’s license. Several examples can be considered:

Case No. 12-272/2019 . In June 2019, the district court of the Irkutsk region conducted proceedings on the complaint of citizen Yu.A. Kuznetsov. on the decision made by the magistrate in the case of an administrative violation under paragraph 1 of Art. 12.26 Code of Administrative Offenses of the Russian Federation. Following the consideration of the appeal, the district court made a decision to cancel the decision made by the magistrate due to the expiration of the statute of limitations.
Decision No. 12-264/2017 of June 17, 2017 . In June 2017, the district court of Samara received a complaint from citizen Prahov E.S. to the decision of the magistrate's court, within the framework of which a punishment was imposed under Art. 12.26 Code of Administrative Offenses of the Russian Federation. Based on the results of consideration of this complaint, it was decided to leave it without satisfaction.
Case No. 5-1502-92/07 . In 2007, a supervisory complaint was sent to the Omsk Regional Court regarding the illegality of the decision made by the Central District Court of Omsk on September 24, 2007, to find him guilty and impose punishment for refusing to undergo a medical examination. Upon review, the authorized body left it without satisfaction due to the legality of the decision made earlier by the district court of Omsk.

In conclusion, it can be noted that if alcohol intoxication is suspected, traffic police officers have the right to send the driver first for an examination and then for a medical examination (in case of refusal of the previous procedure, disagreement with the results, if false results of the preliminary examination are suspected). At the same time, the violator must understand that he will be punished for not agreeing to undergo such a procedure.

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Refusal to test for intoxication

Good afternoon, dear reader.

Every road user knows that the traffic police are constantly fighting against drivers who drive while intoxicated. Such drivers often become the culprits of serious road accidents.

In practice, almost any driver can be tested for intoxication and there is nothing wrong with that. However, this article will discuss what a driver faces for refusing an alcohol test:

Examination and medical examination

First of all, it should be said that drivers often confuse the concepts of examination and medical examination for intoxication. The first procedure is carried out by traffic police officers, and the second by medical workers.

Each of the procedures is discussed in detail in a separate article:

In short, the driver is sent to medical workers after a check by the traffic police.

Refusal to undergo a traffic police inspection

Refusal to test for intoxication conducted by police officers is not a violation.

For example, a driver may refuse a check if it seems to him that the employees are deliberately trying to set him up.

Paragraph 234 of the traffic police regulations states that refusal of a traffic police examination is possible:

234. The grounds for referral for a medical examination for intoxication are:

refusal of the vehicle driver to undergo an alcohol intoxication test;

In this case, refusal to check is only a basis for referral for a medical examination. It does not entail any fines or deprivation of rights .

Refusal of medical examination

As for the medical examination, it is the final stage of the check, and refusal in this case will lead to serious punishment for the driver.

On the first violation

1. Failure by the driver of a vehicle to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, if such actions (inaction) do not contain a criminal offense, -

shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

In this case, the driver will be subject to two penalties at the same time:

Fine 30,000 rubles .
Deprivation of rights for a period of 18 to 24 months .

If the driver has previously been disqualified or does not have a license

Part 2 of Article 12.26 of the Administrative Code:

2. Failure by a driver of a vehicle who does not have the right to drive vehicles or has been deprived of the right to drive vehicles to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, if such actions (inaction) do not contain a criminal offense -

entails administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons against whom administrative arrest cannot be applied in accordance with this Code in the amount of thirty thousand rubles.

If a driver does not have a valid driver's license or is deprived of his license, he will face one of the following penalties:

administrative arrest for 10 - 15 days .
fine 30,000 rubles (only for drivers who cannot be arrested).

In case of repeated violation

A driver faces a much more serious penalty for repeated violations:

That is, if the driver previously refused to be tested for intoxication or drove a car while intoxicated, then for a repeated violation he will face criminal punishment under Article 264 1 of the Criminal Code of the Russian Federation:

2. For the purposes of this article and Article 264 1 of this Code, a person who is in a state of intoxication is recognized as a person driving a vehicle if it is established that this person has consumed substances that cause alcoholic intoxication, which is determined by the presence of absolute ethyl alcohol in a concentration exceeding the possible total measurement error established by the legislation of the Russian Federation on administrative offenses, or in the case of the presence in the body of this person of narcotic drugs, psychotropic substances or their analogues or new potentially dangerous psychoactive substances, as well as a person driving a vehicle who has not complied with the legal requirement of an authorized official to undergoing a medical examination for intoxication in the manner and on the grounds provided for by the legislation of the Russian Federation.

Refusal to undergo an intoxication test: consequences and fines

Alcohol testing is a widespread procedure that is taken by drivers whose sobriety is questioned by traffic police inspectors. Passing such a text includes a set of standard procedures - from setting up the breathalyzer to recording the test results in the protocol. The examination can take place either on site or at the nearest post. If the driver or inspector is not satisfied with the results, the degree of intoxication is determined by a narcologist at the appropriate medical institution. We will talk further about what may result from refusal to take a test for intoxication.

Refusal to undergo an intoxication test

When is the examination carried out?

There is a list of situations fixed in law that are a valid reason for a traffic police officer to require a driver to undergo an examination. The document stipulating all possible reasons is Government Decree No. 475. According to this resolution, a traffic police officer may question the driver’s sobriety in the following cases:

the driver smells of alcohol;
The driver's position is unstable;
the driver’s speech is unclear, there are clear irregularities in pronunciation;
the driver's skin has an unnatural shade (as a rule, we are talking about spotty redness of the face);
the driver behaves inappropriately.

The degree of intoxication is calculated based on the strength of alcohol and its quantity

There is a special table that matches the blood alcohol content and the expected behavior of a person.

Table 1. Degrees of human intoxication

The combination of all these signs or the obvious presence of one of them requires the traffic police inspector to conduct a mandatory examination. However, in some cases, an alcohol test is carried out even when the driver does not show visible signs of alcohol intoxication. Since each employee has a subjective view of people driving, he can carry out the procedure purely formally - if he wants.

Often, determining blood alcohol is a formal procedure

What precedes the examination

Since the examination procedure is regulated at the legislative level, it implies a strict procedure. Therefore, before conducting the blood alcohol test itself, the traffic police inspector must carry out two actions:

remove the driver from driving a car (or other vehicle);
familiarize the driver with the details of the upcoming test and show him the breathalyzer that will be used for these purposes.

Breathalyzer used by traffic police inspectors

Suspension

Despite the fact that suspension is a formal stage, its implementation is stipulated by the Code of Administrative Offenses. In this case, the fact of suspension must be documented - the traffic police officer must draw up a protocol in which he displays the following information:

date and place of driver's suspension;
the reasons why the driver was suspended;
information about the car;
information about the driver;
FULL NAME. employee + position.

Before the inspection, the inspector draws up a protocol

Often the reason for suspension is a traffic violation or an accident. However, in some cases, employees stop drivers and suspend them without obvious reasons.

Familiarization with the procedure

Before taking an alcohol test, the driver must find out from the traffic police officer what the essence of this procedure is and how exactly it will be carried out. The driver's information must include two mandatory items:

information about how the measurement will be carried out;
demonstration of a technical device with which measurements will be made (breathalyzers or breathalyzers are used for such purposes).

Before using a breathalyzer, the traffic police officer must ensure that it is in working order.

Reference. You can verify that the breathalyzer is certified using the state verifier's stamp, which must be on all devices used by traffic police officers.

According to the law, a mandatory condition for conducting an alcohol examination is the involvement of two witnesses by the traffic police officer. Witnesses are understood as uninterested persons who have the right to act as witnesses to a particular action (in this case, passing an alcohol test). Witnesses cannot be other traffic police officers or any people who know this officer.

The examination must take place in the presence of two witnesses

However, in some cases, attracting witnesses is impossible. What to do in this case? The law provides for this scenario and describes a simple way out of the situation - in the absence of attesting witnesses, the employee must record all his actions on camera. Subsequently, if the driver has any objections, he will be able to refer to the video recording.

How is the examination carried out?

Depending on the specific situation, the examination can take place in two ways:

at the place where the driver was stopped by a traffic police officer;
at the nearest traffic police post.

Generally, inspectors prefer to carry out on-site inspections. But in situations where employees are not equipped with the required technical means, they ask the driver to follow them to the post.

The procedure itself - regardless of the details of its course - consists of several stages:

The breathalyzer mouthpiece must be disposable

The driver and witnesses must familiarize themselves with the results of the breathalyzer

Repeated procedure

Sometimes the traffic police inspector suggests re-measuring. Such a procedure takes place no earlier than twenty minutes after the first, otherwise it will be absolutely impractical. In this case, a re-check should be carried out using a new mouthpiece. If as a result of such a check the result changes, it will need to be entered into the protocol as the main one.

In some cases, the driver may be subject to re-examination

Medical examination

A medical examination involves an examination of the driver by a doctor, as a result of which the specialist makes a conclusion about whether the person is intoxicated. A medical examination is resorted to in two cases:

if the driver does not agree with the results of the measurement carried out by the inspector;
if the inspector himself is dissatisfied with the measurement results.

Unfortunately, in practice, breathalyzers can be faulty, which greatly complicates the situation – especially for the driver. Under such circumstances, the inspector is obliged to issue a referral to the driver for a medical examination.

If the results of the alcohol test do not satisfy the inspector or driver, a repeat analysis is carried out by a narcologist

After the driver passes the examination, he will be issued a certificate, which will describe one of the following results:

a state of intoxication was recorded;
state of intoxication was not recorded;
the driver refused the inspection procedure.

If the driver's intoxication is confirmed, he will be required to surrender his license to the inspector for a certain period. You can read below about what penalties a motorist can expect for drunk driving.

Punishment for drunk driving

What happens if you refuse the examination?

Many drivers are interested in the question of whether it is possible to refuse to undergo a test for intoxication without negative consequences. Unfortunately, any attempt to refuse an inspector to take a test for alcohol intoxication is an administrative offense for which punishment is imposed.

Penalties for non-compliance with the Code of Administrative Offenses may vary. However, in any of the situations, the driver, one way or another, will face deprivation of his license. The length of this deprivation depends on the context - sometimes the motorist is “exempt from driving for a year and a half, sometimes for two years. Another unpleasant “bonus” could be a fine of thirty thousand.

If an intoxication test is refused, the driver is automatically deprived of his driver's license.

This punishment may affect even those drivers who do not drink alcohol, since it applies to those citizens who refuse to follow the rules established at the legislative level. Therefore, the first advice that can be given when undergoing an examination for intoxication is to carry out the actions required by the inspector and carefully check the papers he draws up.