Drivers sometimes find themselves in situations where unscrupulous traffic police officers try to "dilute" them into a state of alcoholic intoxication. In such cases, a person should try to minimize emotions and use their knowledge of the law.
So, a familiar situation. You are driving your "iron friend". The day before, they used it a little, quite in moderation. Today you feel great and do not feel any hangover symptoms. On the contrary, they blew into their personal breathalyzer - by zero! However, on the side of the road, a traffic police officer waved his baton. For the vast majority of normal people, this immediately causes a feeling of excitement, even if you did not violate anything, did not drink anything and consider yourself the most law-abiding person in the world. And now there is a small tremor of the fingers, the eyes were running up, the ears and cheeks were reddened, the nostrils twitched …
You should know that the traffic police are mostly excellent psychologists and will instantly recognize your excitement. Some of them will not fail to take advantage of this. Powerful psychological pressure immediately begins. The policeman pretends to carefully study your documents, but at the same time sniffs at the air you exhale, stares into the eyes, which for some reason you shyly take aside, asks tricky questions. Then, as if by chance, he invites you to go into the company car and "blow into a tube." All this can psychologically break you down (especially if you feel yesterday's "sin" behind you).
Attention! In accordance with the legislation of the Russian Federation and regulatory legal acts, there are two types of examination for the state of alcoholic intoxication:
- examination for the state of alcoholic intoxication, which is carried out by the traffic police;
- medical examination for the state of intoxication, which is carried out in the appropriate medical institution.
If you are one hundred percent confident in yourself, you can go with the inspector for an examination (mind you, not a medical one!) For the state of alcoholic intoxication. Conscientious police guys (and there are most of them on our roads) will do everything according to the law and, with a normal check, they will let you go. But the so-called "werewolves in uniform" can, using various tricks they know, deceive you and convince you that you are really intoxicated. By the way, if you do not agree with the results of the survey carried out by the traffic police, proceed as indicated below.
My advice: refuse the survey conducted by the traffic police. You have every right to do so. And demand that you be referred for a medical examination (you do not need to refuse this examination, otherwise you will definitely lose your driver's license).
What is the point here? Yes, in that you are gaining time, which in this case is very important for you. In addition, this is such a psychological move towards the traffic police - whether they want to continue messing with you or let you go, realizing that you cannot be easily "divorced".
If the policemen nevertheless decide to go to the end, remember, they must draw up at least two protocols in accordance with Art. 27.12 of the Administrative Code of the Russian Federation, namely:
- protocol on suspension from driving a vehicle;
- a protocol on referral to a medical examination for the state of intoxication.
Remember! Almost every traffic police officer hates drawing up any protocols!
From the moment the first protocol is drawn up, it will be considered that an administrative offense case has been initiated against you (see article 28.1 of the Administrative Code of the Russian Federation). In this regard, in accordance with Article 25.5 of the Code of Administrative Offenses of the Russian Federation, from this moment on, you can use the services of a defender. Call a lawyer and wait for him.
In addition, you can use the testimony of any witnesses to the incident. Even close relatives. Therefore, if someone else is in the car with you or some compassionate passers-by have appeared nearby, let them also write explanations in any form.
Believe me, all these activities will take a lot of time, which will allow you to calm down to some extent and certainly get out of this situation with dignity. If you do everything right, you will most likely leave the scene happy and contented, warming your driver's license in your pocket.
And my main advice is to never drink alcohol while driving!
