Each person involved in driving a car must take into account some requirements. These include the fact that driving a car is allowed exclusively in a sober state. If a person is intoxicated, which may be alcoholic or narcotic, he must refuse to operate the machine. If, after stopping the car, the traffic inspector suspects that the person is drunk, then he may require an examination. Refusal to undergo a medical examination by the driver is the basis for applying the same penalties to him as in the presence of evidence of drunk driving.
How should car inspectors direct drivers to a survey?
The check-up procedure is initiated only by the traffic police, who suspect that a particular driver is intoxicated. Most often this is due to the following reasons:
- the presence of a characteristic unpleasant odor of alcohol;
- inappropriate driver behavior;
- incoherent speech;
- dilated pupils and slow motion.
A traffic inspector may ask a citizen to walk along a flat line to check his gait. If there is the slightest suspicion, the traffic police officer may insist on conducting a verification procedure. A driver’s refusal to undergo a medical examination is not allowed even if there are any good reasons. It is allowed to refuse to use the breathalyzer only. The consequences of an unlawful refusal are dire for the driver, as he will have to face the need to pay a significant fine and forfeit his rights.
How is the verification carried out?
The procedure is divided into the following steps:
- Initially, the traffic inspector offers to undergo a survey on the spot. For this, a special breathalyzer is used. The driver may require permission and certificates for this device to make sure that it can be used. If there is reason to believe that the testimony of the breathalyzer is erroneous, then a medical examination is performed.
- The direction of the driver in a medical facility. Refusal to undergo a medical examination is illegal, therefore a citizen is automatically recognized as drunk, which leads to negative consequences. It is the employees of medical institutions who will be able to prove whether the driver was taking drugs or alcohol.
A traffic inspector may require verification only if there are good reasons. If they are absent, then refusal to undergo a medical examination is allowed, but still, the driver will have to prove that he really is not intoxicated. It is allowed to challenge the actions of the traffic inspector if he violates the requirements of the legislation by different actions.
How is a failure recorded?
The driver’s refusal to undergo a medical examination must be correctly recorded by the traffic police. To do this, the following actions are performed:
- the procedure requires the participation of at least two witnesses;
- witnesses must sign the protocol;
- they must make sure that the car inspector correctly checks the driver for intoxication;
- the process is recorded on the video;
- if there is a citizen's refusal to use a breathalyzer or to visit a medical institution for verification, then this is confirmed by witnesses.
Without witnesses, the process is illegal.
The nuances of failure
If the car owner has doubts about the correctness of the testimony of the breathalyzer, then he may not agree with the results, after which the traffic inspector must escort the citizen to a medical organization for laboratory tests.
If the traffic police do not attract witnesses and do not film the process, then the refusal to undergo a medical examination is justified, therefore, officials may be held accountable for such violations. But the driver will have to prove his case in court.
Protocol Rules
The driver’s refusal of a medical examination is recorded in a special protocol. If the car owner is confident that he is in a sober state, then refusing to check is impractical. If, nevertheless, a decision is made to abandon the study using a breathalyzer, you should make sure that the traffic inspector correctly compiled the protocol. The basic rules of this process include:
- the driver must confirm with his signature that he received a referral for tests at a medical facility;
- the protocol states that the driver does not want to use a breathalyzer;
- a special column states that a citizen is ready to undergo examination at a medical organization;
- information on all witnesses should be entered in the protocol;
- the driver fixes that he does not agree with the suspicions put forward by the traffic police officer;
- it is indicated that the citizen did not violate traffic rules, and is also in a sober state.
The correct preparation of the protocol is the key to a possible challenge of the punishment imposed by the traffic inspector or the court. If incorrect information is entered, then this may become the basis for toughening penalties for the driver.
If the driver does not want to undergo research even in a medical organization, then an act of refusal to undergo a medical examination is drawn up by the traffic inspector. A sample referral for medical examination can be found below.
Rules for drawing up an act
If the driver refuses a medical examination, a corresponding act is drawn up by the traffic inspector. It includes the following information:
- date and place of stop of the driver;
- information about the car owner;
- information about invited witnesses;
- a citizen’s immediate refusal to go to a medical organization for verification;
- reasons for this behavior;
- position and full name of the traffic inspector fixing the violation.
After compiling this document, the driver is not allowed to operate the machine. A protocol is issued to him, after which he can use the help of friends or a tow truck to transport the car to the right place. On the basis of the drawn up protocol, the date of the court session is appointed, where a decision is made regarding the optimal penalty for the driver.
Drivers Mistakes
The refusal of a medical examination is possible only on condition that the requirements of the traffic inspector are illegal. It will be difficult to prove this in court, so it is advisable to agree with the requirements of the traffic police.
The most common mistakes made by car owners include:
- after refusing to be examined, a citizen does not pass an independent investigation within an hour, therefore he does not have evidence for the court confirming that he was really sober at the time of communication with the traffic inspector;
- drivers begin to behave aggressively and rudely with traffic police officers, which often leads to an arrest of 15 days;
- the judge can mitigate the punishment if the citizen has evidence that the traffic inspector had no reason to make demands, but this is possible only if there is a record from the DVR.
Drivers should be aware of the consequences of compiling an act of refusal to undergo a medical examination. They consist not only in the payment of a large fine, but also in the deprivation of rights.
When can I refuse?
If the driver refuses a medical examination, the traffic inspector has no legal right to force him to visit a medical organization. If there are good reasons, a refusal to undergo a medical examination is allowed. Article 2.7 of the Code of Administrative Offenses contains information that this is legal under the following conditions:
- there is a threat to the life or health of persons, therefore, the driver cannot spend time checking;
- there is a threat to society or country, eliminated by the driver;
- the car owner with his refusal tried to prevent any threat.
For example, in a car with a driver there is a seriously ill citizen, so he cannot spend time on research, since he needs to be taken to a hospital. Under such conditions, it is required to obtain a certificate from a medical organization where, after talking with a traffic inspector, a sick citizen was delivered. The court, when considering the evidence presented, may refuse to deprive the driver of his license. In this case, it is important to confirm your words with additional testimony and recording a conversation with the traffic police.
What to do after a refusal?
In order to protect yourself from possible deprivation of rights and a large fine, it is necessary to perform certain sequential actions after refusal. These include:
- within an hour, a citizen can contact any medical institution for an examination, and the certificate will confirm that the driver was not intoxicated while talking to the inspector;
- It is additionally recommended to take the contact information of witnesses, who can confirm that the traffic inspector violated the correct procedure for conducting the examination by his actions.
The evidence obtained is transmitted to the judge during the consideration of this case. After studying such documents, the judge may take the driver’s side. It is also advisable to transfer the record from the DVR, which confirms that the traffic police officer really violated the requirements of the law when communicating with the driver.
Responsibility for refusing to undergo a medical examination
If the driver is confident that he is sober, then it is not recommended to refuse to check in a medical institution. This is because the consequences of such a failure are truly serious. Punishment is chosen only by the court, so you have to attend the meeting. What threatens the refusal of a medical examination? The main penalties include:
- a fine of up to 30 thousand rubles. for the first violation;
- deprivation of a driver’s license for a period of 1.5 to 2 years;
- if a citizen who is deprived of a driver’s license or does not have a license refuses to check, then an arrest of 10 to 15 days is prescribed for him, and if such a punishment cannot be applied to a citizen, then it will be replaced by a fine of 30 thousand rubles.
Such measures of influence are used exclusively provided that there are no signs of a crime.
When are citizens prosecuted?
If a person refuses to be examined after he has inflicted grievous harm to the health of another citizen, then the punishment is more severe, therefore even criminal liability is often used.
For refusal to undergo a medical examination, deprivation of rights is considered the most severe punishment for many drivers. The term varies from 1.5 to 2 years, which is considered a fairly long period of time.
How to avoid punishment?
Drivers may intentionally refuse to be examined, and some car owners simply do not know what the penalty is for such actions. In order to avoid punishment, it is necessary to undergo an independent study confirming that the citizen is sober.
Avoiding the trial will not work, but the judge must pass as much evidence as possible on the driver. For this purpose, written testimonies of witnesses, audio recordings and video recordings, as well as an independent research report are prepared.
Additionally, you can dispute the documents drawn up by the traffic inspector under the following conditions:
- missing signatures of witnesses;
- serious errors are identified in the protocol drawn up by the traffic police;
- the driver was misled by the traffic police officer, which can be found out using the recording from the DVR.
Judicial practice shows that most often judges take the side of car inspectors if the driver does not have evidence of illegal actions by the official. Therefore, it is advisable not to refuse the survey.
Conclusion
A medical examination is carried out on the basis of a special area drawn up by a traffic inspector. Failure to do so will lead to legal proceedings, on the basis of which the driver may lose his rights for up to two years.
To avoid serious punishment, it is necessary to have evidence of illegal actions on the part of traffic police or have serious reasons for refusing.