Refusal to "blow the pipe": lawyers explained how to legally avoid a fine and deprivation of rights

Drivers in Ukraine often do not realize that Article 130 of the Code of Ukraine on Administrative Offenses (CUP) applies not only to drunken driving, but also to refusal to pass a drug test. It is noteworthy that a significant part of the cops' protocols are drawn up precisely for refusing to "blow into the pipe". However, lawyers emphasize that such an approach is not always legitimate, informs mauto.

If the driver refuses to undergo an alcohol test using a breathalyzer, the police officer is obliged to offer an alternative - a medical examination at a specialized institution. For this, the law enforcement officers must provide a written referral. The examination is carried out exclusively in approved medical institutions, where samples of biomaterials are taken from the driver for analysis in laboratory conditions. The results of such an analysis are key to confirming or refuting the fact of intoxication.

If the driver refuses a medical examination, having an official referral in hand, the police get legal grounds to draw up a report under Article 130 of the Code of Criminal Procedure. On the other hand, the refusal of only the field test on the Drager without further action is not grounds for imposing a fine or revocation of the driver's license.