In Ukraine, drivers are tested for alcohol intoxication by the Patrol Police. Certified Dräger breathalyzers are used for this purpose, which allow for rapid determination of blood alcohol levels. In the event of a positive result, the driver may be held administratively liable and disqualified from driving.
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However, the Ivano-Frankivsk Court of Appeal recently passed a decision that changes the testing procedure for military personnel. From now on, testing must be carried out exclusively according to the norms stipulated in Article 266-1 of the Code of Ukraine on Administrative Offenses. According to these rules, only an authorized person of the Military Law Enforcement Service of the Armed Forces of Ukraine can perform a test of military personnel for intoxication.
This rule was decisive in a case where a serviceman was accused of driving while intoxicated. During the test, the Dräger device showed 0,68 ppm of alcohol, which exceeds the permissible limit. However, the court declared the results invalid because the testing was conducted by police officers, not representatives of the Military Law Enforcement Service. As a result, the case was closed, and the serviceman escaped responsibility.