Breathalyzer test for 51 thousand: when a driver can lose money and his license, even when sober

Have you ever wondered whether refusing to take a breathalyzer test really results in the loss of rights and hefty fines? Ukrainian legislation on this subject is strict: fines can reach up to 51,000 UAH, and terms of deprivation of rights – up to 10 years, which scares even those who have not drunk alcohol.

However, there is one crucial point: police officers do not have absolute powers, and drivers are not left defenseless, especially if they are sure that they have not drunk alcohol.

An inspector with 12 years of experience in the patrol service reveals the nuances of the law: “A police officer is obliged to provide specific reasons for conducting a test: the presence of the smell of alcohol, unsteady gait, trembling hands, or slurred speech. All these facts must be recorded in the document,” the specialist notes.

Your legal grounds for refusing:

– The breathalyzer does not have a seal or documents.

– The mouthpiece was not opened in your presence.
– There are no witnesses during the check.

In such situations, refusing to take the test is a legitimate action, not a violation of the law.

What to do if the test results are questionable?

You have the opportunity to request a retest at a medical facility, where the procedure is conducted in a more formal setting. The main thing is to do this within two hours of the stop; otherwise, the results may be invalid.

An administrative law lawyer clarifies: “Refusing to take the test on the spot is not a violation under Article 130 of the Code of Administrative Offenses and Traffic Regulations, if you are willing to undergo a medical examination. However, complete refusal may result in a fine and deprivation of rights.”

Do not be afraid to request documents, require the presence of witnesses, and verify the legality of the police officers’ actions. This is your safety and an opportunity to avoid unfair punishment.

Recall that we previously considered life hacks that help preserve the engine and pocketbook of Ukrainian drivers, as well as the issue of fines for driving in flip-flops or heels.