That’s why the new law the certification of drivers will lead to massive disenfranchisement
A new procedure for medical examination of drivers for intoxication: Not so simple as it seems.
Probably every car enthusiast has heard about that in Russia since the beginning of July came into force the Federal law amending the procedure for medical examination of drivers in the state of alcoholic or narcotic intoxication, and also in the administrative code. It would seem, is nothing new in this law. Just the legislator made the law the opportunity to attract drivers to justice for exceeding permissible levels of alcohol in the blood.
Earlier, the administrative code provides for liability of the driver in accordance with article 12.8 of the administrative code of the Russian Federation only in case of exceeding the content of ethyl alcohol (more than 0.16 milligrams per breath).
Now after 3 APR 2018 President of the Russian Federation signed the Federal law №62 “On amendments to article 12.8 of the Code of the Russian Federation about administrative offences” (FL-62) administrative responsibility for driving in an alcohol intoxication will face and those drivers that exhibit excess concentration of ethyl alcohol in the blood (0.3 and more grammes on one litre of blood).
Recall that originally this law was to bridge the gap in the administrative code (article 12.8 Cao RF), which is not allowed to bring drivers to justice for driving while intoxicated, if the driver was in an unconscious state.
Yes, the driver who is unconscious could take blood and find alcohol, drugs or psychotropic substances, but the law previously did not allow them to prosecute for driving in a condition of alcoholic or narcotic intoxication. Now with the introduction of amendments to article 12.8 of the administrative code of the drivers will fail to go unpunished, even if at the time of the accident committed no fault of their own, they lost consciousness and was taken to the hospital.
But not so simple with this new law. Why? Yeah, the thing is that, as we have already said that the original bill which introduces amendments to article 12.8 of the administrative code was intended only for those drivers who at the time of the medical examination are unconscious. But in the following on the table to Vladimir Putin for signature came, the Federal law FZ-62, adopted by the State Duma on March 23, 2018 and approved by the Federation Council on March 28, 2018, in which there is no rule providing for medical examination for blood test on the subject of alcoholic or narcotic intoxication of the driver, who is unconscious.
In the end, after the amendments to article 12.8 of the administrative code (the law entered into force 90 days after signature by the President of the Russian Federation) on the territory of Russia a medical examination of the driver on the state of alcoholic intoxication on the blood test can be done at any driver without the use of the breathalyzer first. Even if the crew DPS will be alkotester, drivers can still now be sent for a medical examination for alcohol and drugs in a mobile or stationary medical laboratories for the determination of blood levels of ethyl alcohol or narcotic / psychotropic substances, without testing on the breathalyzer.
But what’s the catch? Well, as always in our country, all the innovations in the legislation need to be able to read between the lines. Because as always happens, in every law there are both pluses and minuses. Although we recognize that this innovation has really good intentions, in order to prevent General drunkenness at the wheel. Including mass driving in the hangover state. But, unfortunately, this new law has the pitfalls.
So, now the traffic police has the right to use mobile laboratories to carry out medical examination for intoxication of drivers, without resorting to the examination using the traditional method – using a breathalyzer.
To do this, after stopping the vehicle the police are entitled to ask the driver to go in a mobile laboratory item (or drive in the stationary med. laboratory), where the health care provider will take blood from a vein, followed by rapid analysis on the content of alcohol in the blood, and the contents of some drugs.
If the results of the examination of the driver is detected exceeding the permissible norms of ethyl alcohol in blood (or drugs), it will be brought to administrative responsibility under article 12.8 of the administrative code providing for the suspension of driving privileges for a period of 1.5 to 2 years.
If the state of intoxication will be set again (that is, before man was brought to administrative responsibility in accordance with article 12.8 Cao RF), then the driver will be prosecuted according to article 264.1 of the criminal code.
What threatens the drivers of the new law on medosvidetelstvovanie of alcohol from the blood?
According to statistics, as well as our survey, which we conducted in the article “Here’s how many you can get behind the wheel after drinking alcohol” a lot of drivers every morning, going to work, sit behind the wheel with a hangover.
Unfortunately, we have often written that do not in any case impossible. Moreover, even if you are breaking the law.
But many drivers in our country, I believe that if you do not break the law, to drive after drinking is still possible. That is why a lot of motorists in Russia, bought a pocket breathalyzer, to know for sure if you can get behind the wheel after drinking alcohol. Therefore, most drivers are insured before you get behind the wheel, so in the case of testing on the breathalyzer traffic police pass the medical examination.
But I hasten to disappoint many drivers who bought all alkotestery in the country. Now, to be sure that your body is not the legal limit of blood alcohol check on a portable breathalyzer will not be enough.
The fact that after the amendments to article 12.8 of the administrative code, any employee of traffic police has the right to test you for intoxication in a mobile laboratory where you will take a blood test. Here begins the most interesting.
Did you know that even if alkotester shows that the level of ethyl alcohol in the exhaled air does not exceed 0.16 milligrams per liter of exhaled air, a blood test may show a completely different result, as it is more accurate compared with the results of the breathalyzer used by the traffic police.
With pocket Chinese breathalyzer blood test will have even greater error.
Why? Yes, the fact is that ethyl alcohol is kept in the blood much longer than alcohol vapors in exhaled air, the person. Plus, do not forget that the level of error in the breathalyzer cheap Chinese big.
So, if you like to drink in the evening beer, wine, etc., and in the morning, sit behind the wheel, after verification, the purchased alkotester, continue to be careful. It is possible that you fall under any RAID by police (in the morning I like to bust drunk drivers or sat down behind the wheel with a hangover) that you will be obliged to undergo a medical examination by a blood test in a mobile medical lab, or send you to undergo a blood test in a stationary laboratory.
The only bad thing in connection with the new law, fall under the distribution of even those who got behind the wheel completely sober, after drinking the day before, for example, only a few glasses of wine. The fact is that every person has individual body chemistry and your own metabolism. In the end each of us alcohol is eliminated from the body in different ways.
So, after drinking in the evening quite a bit, does not guarantee you that in the morning when you sit behind the wheel, in your blood will not contain the unacceptable norms of ethanol (alcohol – 0.3 grams per 1 liter of blood). And, unfortunately, to check the level of alcohol in your blood you can’t. The breathalyzer won’t help you. As we have said, between the breathalyzer and blood test there is a big difference.
Alas, on the one hand the amendments to the administrative code have eliminated the obvious gap in the legislation, which did not allow to draw some drunk drivers responsible for driving while intoxicated. But on the other hand, the new law will open a new wave of raids over the normal drivers, which, due to lack of knowledge of his body, or, relying on the testimony of his personal breathalyzer can be without a license. Of course this will not help reduce corruption in the traffic police authorities, which has since been fighting our state.
So that now, when you get behind the wheel think a thousand times if you had drank the night before, even just a little bit. It may be easier to temporarily switch to public transportation or call a taxi than in court trying to prove that you not a camel?