Do you have to breathe into a Breathalyzer inspector?

You stop the traffic police inspector and asked "to blow into a tube." You are confident and agree to, and suddenly the device shows that you're drunk. Congratulations, you're all wrong. But how? Experience divided our lawyer.

There are, of course, and very sober people, but more often in such cases, unsure. Or maybe not yet weathered with weekend, despite the fact that it is now the end of the week ?! And you're like most drivers, committing another mistake. Talk to the inspector that, yes, yet three days ago have sinned, and drank a bottle of beer, it is naive to rely on the understanding of him. Do not expect, miracles do not happen. You have just said about the use of, and this is a direct path to the doctors for examination.

 So how to behave correctly in this case?

Let's look at the same situation only has to correct your actions.

So you stop the inspector and ask to be tested for alcohol. And you, before you blow into the phone, answer that gladly follow his request, but only after he found two witnesses, whom colleagues it can not be, or begin to conduct a video of what is happening, and then draw up a protocol to dismiss you from driving.

Notify the inspector that you are sober, and therefore, if the instrument will show something bad, then you are going to require a trip to the doctors! And he'll have to make another protocol to send you for a medical examination in which he is obliged to indicate the signs of your intoxication.

 When your words are likely to have the inspector simply let go.

Well, if the inspector still found witnesses or camcorder, and drew up a report, it would take him a breathalyzer certificate and an original of the calibration device.

Let me remind you that the test for alcohol on the road using a Breathalyzer measured taking into account the margin of error in the unit 0.16 milligrams per liter of exhaled air. Therefore, there will be more than if you check with the inspector what the error of his technical means. If the device has shown the value of 0.16, you are sober.
And remember that the survey on the road proof of your intoxication is not, it will be direct evidence only if you are agreed with his results!

In no case do not give up a medical examination, or walk you walk two years, but still have to pay a fine of 30 thousand rubles.

 Then, if you disagree with the results of the Breathalyzer, you do insist on a trip to the doctor.

In the report, handed to you on the signature, indicate that the inspector without any reason you are accused in a drunken state. Alcoholic beverages are not consumed. With the alleged violation did not agree and require the assistance of counsel. If the inspector is stopped you post DPS, calling cause stop checking documents, and this fact certainly reflect in the minutes. Since the verification of documents is not the cause of the stop is fixed stations, which means that there is already a violation on his part.

So you sent for examination. You go, most likely with the police on their machine. Question: what to do with your car? Even if something breathalyzer showed a drunk you are not recognized, so the car can not be evacuated, it must stay in place stop. If the examination recognizes you drunk, then it will have to have a take away on the car pound or transfer arms to your friend or relative, to fit into the insurance (if you have insurance, without limitation, the wheel can take anyone with the right).

On arrival at the medical facility, ask doctors to produce your license for a medical examination, as well as the certificate of conformity of devices they use.
Doctors should make two measurement readings with an interval of 20 minutes. Whatever the outcome of the doctor is an act of a medical examination, in triplicate. Act is signed by the doctor and stamped. One copy is given to you.

  Every medical procedure medosvidetelstvovaniya recorded in a special register.

In the event that you are drunk, the inspector shall draw up a protocol on administrative offense. In the report, you should be sure to specify that you do not accept it, since alcohol is not consumed, and that require an independent medical examination. Specify the time.

Next, the inspector prepared a second report "On the detention of the vehicle", then your car evacuated to eliminate the reasons for the detention, that is, until the next examination of evidence that refutes the result of the medical examination. So, again, better to pass your car in good hands, and then there will be nothing to evacuate.

  And know that you have exactly 2 hours by passing an independent examination fee by the time specified in the act of a medical examination.

And the inspector does not have the right to withdraw your driver's license and issue a temporary permit, he should have done it earlier, because no such thing as a "patch" for a long time no longer exists. The obligation to surrender a driver's license you will come the day when the come into force of the court decision to deprive you of the right to drive vehicles - from this moment you will have exactly 3 days.

If by the inspector under the direction of a medical examination you were violations or it took you to medical sober, you spend your time, then immediately submit a complaint against him. And to appeal the actions of its inspectors can direct superiors in the prevention and control of traffic police department, the Office of its own security police or the prosecutor's office, and directly to the lawyer. Then maybe you have a chance to return to the court of law.

  According to Article 137.5 of the Order № 185 MVD, if the driver is recognized as sober, the inspector of traffic police is obliged to deliver it back to the car. The independent examination of it you should not go, so there will have to take a taxi.

Q: What if the car for as long as you pass a further examination, had to take on a tow truck? Look for an inspector who signed the protocol on the detention of the vehicle, the data is in the report. It is based on a paper from the medical center, talking about your sobriety, must put a stamp duty on a copy of the protocol - it will be your resolution out to pick up cars from the parking lot.

There remains the question of payment towing services ... But this is another topic to which we will return shortly. Be sure to communicate with the inspector and learn to competently defend their rights.