Regardless of whether it is a holiday or a weekday, AvtoPortal has decided to highlight the position of lawyers regarding drinking alcohol near a car and the limits of traffic police officers' authority. The question is whether inspectors have the right to make claims if the engine is not running but the hood has not yet cooled down. Judging by the appeals from our readers, this method is used quite often. Equally often, questions arise about trips after a "loud party," when the driver considers himself sober, but the smell of alcohol can cause problems when communicating with patrol officers. This is especially relevant in the event of an accident! Even if you are not at fault in the incident, the presence of alcohol in the blood can automatically make you a party to the case. You definitely cannot do without a lawyer here. However, in any road traffic accidents, legal support is necessary – on the website you can find out why a lawyer for road accidents is needed and what nuances exist in such cases.
According to the updated rules, for such an offense or for refusing to undergo a medical examination, sanctions are provided in the form of a fine from 3.4 to 5.9 thousand hryvnias, or deprivation of a driver's license for a period of one to two years, or administrative arrest lasting from 7 to 10 days. If the violation is recorded again, the punishment is tougher: deprivation of rights for 2-3 years with or without possible confiscation of the vehicle, or arrest for a period of 10 to 50 days with similar conditions for seizing the car.
Starting from December 14, 2013, for driving a car while intoxicated or refusing to undergo an examination, a fine of 3.4-5.9 thousand hryvnias, deprivation of rights for 1-2 years, or administrative arrest for 7-10 days is threatened
Earlier we already told you what refusing an alcohol test leads to, so we will not repeat ourselves. It is better to turn to real stories shared by AvtoPortal readers in letters and comments. Specialists from the law firm "Safir Consulting Group" answer the questions:
AvtoPortal: there are frequent cases when a driver is near his car (sitting in it or standing near the garage) and drinking alcoholic beverages. At this moment, a traffic police patrol passes by, which demands not only to show documents but also to undergo a medical examination. Moreover, inspectors often check how warm the hood is. They say, if it is hot, it means the driver was drinking right behind the wheel. How lawful are such accusations, and is it legal to drink alcohol while in a parked car?
Based on the described situation, the main danger here is administrative liability for drunk driving, as well as for refusing to undergo an examination for intoxication.
It is important to pay attention to the wording of the law: liability for these offenses is borne by a person who drives a vehicle.
Driving a vehicle is recognized as performing driver functions in the process of moving such a vehicle, regardless of whether it moves on its own or is towed
In accordance with the Resolution of the Plenum of the Supreme Court of Ukraine No. 14 of 23.12.2005 "On the practice of applying by courts of Ukraine legislation in cases of certain crimes against road safety and transport operation, as well as administrative offenses in transport," driving a vehicle is considered to be performing driver functions during the movement of such a vehicle... regardless of whether the vehicle moves independently or with the help of towing. It follows that the offense is considered committed from the moment the car under the driver's control starts moving.
Naturally, the assumption that a person sitting in a car with a warm hood drank alcohol while driving is unfounded and by itself cannot be a sufficient basis for determining guilt or innocence in an administrative offense. In any case, traffic police officers must provide other evidence of the violation.
AvtoPortal: are there precedents in judicial practice for such disputes between the traffic police and drivers?
Judicial practice on this issue is ambiguous: decisions are made both in favor of drivers and in favor of the inspection, depending on the totality of evidence in a particular case.
The conclusion from all the above is simple - the law does not prohibit drinking alcohol in the car interior (if the very fact of drinking does not violate other norms of administrative legislation), but to avoid conflicts with traffic police officers who may use not entirely legal methods, it is better to refrain from alcohol.
A warm hood, the driver being intoxicated in the car or near it cannot be a full-fledged argument when deciding on guilt/innocence in committing an administrative offense
AvtoPortal: one of our readers said that he drove drunk across a field. After some time, people in a UAZ drove up to him and called the traffic police. As a result, the driver was deprived of his license. How can you comment on such a situation?
This case can be considered from at least two sides (and each of them implies its own sanctions):
- violation of road safety rules;
- causing damage to the owner of the damaged property.
The most obvious is driving a vehicle while intoxicated, which is punishable by a fine, deprivation of a driver's license for a certain period, or administrative arrest for a period of 7 to 10 days.
If the field was sown and belonged to an agricultural enterprise, the state, a public organization, or a farm, then we can talk about an offense related to driving through crops in a car or other machinery, for which a fine is also provided. In addition, the owner of the property damaged as a result of driving through the field may file a lawsuit for compensation for losses in court, although in practice this is unlikely due to the difficulty of promptly recording such violations.
Conclusions
To avoid creating reasons for conflicts with the traffic police, it is better not to drink either in the car or near it. If you do have a desire to drink – do it at home and never get behind the wheel after that. The consequences can be extremely serious:
P.S. In the next material, we will tell you how to defend your case if you have not consumed alcohol, but the results of the test or examination by the traffic police indicate otherwise.
