In the legislation of the Russian Federation, a clause appeared again on the permissible standard of alcohol content – 2.5 years after its abolition. And millions of drivers have a lot of questions about whether the blood alcohol content has changed compared with the figures from the previously repealed amendments and whether it is possible to return the rights taken away on the basis of the conclusion about the presence of alcohol in a lower or the same concentration.
What shows breathalyzer
This is a device that shows the amount of alcohol in the human body. And at the same time it is a terrible dream of any driver. The simplest breathalyzers – SIMS tubes and “Sobriety Control” simply determine the presence of alcohol, but do not show its concentration.
By appointment, share professional and personal devices. In a separate category allocate breathalyzers for traffic police. It is determined by them the permissible rate of alcohol at the wheel. Alcohol testers show the amount in ppm. That is how many grams of alcohol contains a liter of blood. For example, one ppm is 1 g of pure alcohol contained in a liter of blood. Accordingly, when converted to percentages, this means 0.1%. It only remains to add that one ppm is a high concentration, meaning noticeable intoxication.
Is it possible to trick the device
A common myth – the breathalyzer can be deceived with the help of various tricks and tricks. For example, drink 100 grams of sunflower oil or chew sweets that discourage the smell of alcohol. It is difficult to imagine how the oil will work, it is even harder to imagine a person who is able to drink at least half the recommended dose. But mint lozenges definitely won’t help. The device reacts to the presence of alcohol in the exhale, and not the smell, so it will not work to fool it.
So the only way out is for the driver to have only the permitted rate of alcohol in the blood. That is, it is necessary to consume less alcohol, and ideally completely abandon them. And if you could not do without alcohol, and tomorrow you need to be behind the wheel, you need to sleep well, have a good dinner and have breakfast, perhaps go to the bathhouse. Although alcohol and steam – is not the best combination for health.
How not to be deceived
Fraudsters are found everywhere, and, sadly, they are also among the traffic police. For example, they can use a device that shows the presence of alcohol, even if the driver did not drink alcohol. How to act in such a situation?
Need to insist on a medical examination! As a rule, if the driver confidently says that he did not drink and is ready for a medical examination, he is released with an apology. Or without an apology.
However, you should never just drive while drunk, but also approach your own car while being drunk. If a drunk driver is detained near his car, they can deny rights regardless of whether he was going to go somewhere or just wanted to sit inside. Proving his innocence in this situation is useless, and the court almost always takes the side of the traffic police.
The permissible rate of alcohol at the wheel is not an innovation, but a return of the old amendments to the legislation of the Russian Federation. They were first introduced in 2008 against the backdrop of universal approval. As an example, our legislators cited the experience of European countries and the United States. From the TV screen it was repeatedly voiced how much alcoholic and strong drinks can be drunk so as not to lose rights. So what is the rate of alcohol in the blood was previously spelled out in the legislation?
Drivers could drive a car with a concentration of pure alcohol in 0.3 g in one liter of blood and up to 0.15 g in exhalation. However, already in 2010, these amendments were canceled – and the allowable rate of alcohol in the blood became zero again. This caused a storm of indignation and massive fines among drivers who did not yet know about the introduction of the “dry” law.
The reaction of the breathalyzer to kefir or kvass
Most often, among the indignant exclamations, phrases were heard that even kvass and kefir could not be drunk before getting behind the wheel. Because the breathalyzer, they say, catches even the slightest concentration of alcohol and shows a nonzero value, which directly leads to deprivation of rights.
Is this true? To some extent, yes. For example, if you drink kvass or non-alcoholic beer (alcohol up to 0.5%), then after a couple of seconds after consuming drinks, the device can show 1-1.5 ppm. But after a minute, the readings will drop to zero. This is due to the fact that the first sample was taken almost from the fumes, and not from the lungs, as required.
There is a direct relationship between the weight of a person, the strength of the drink and the time that has elapsed after consumption. It was calculated that if the average driver drinks four liters of kvass (0.5% strength), then in half an hour the breathalyzer will show 0.12 ppm, and after 1.5 hours – 0 ppm. However, it is difficult to imagine a person who simultaneously drank 4 liters of kvass and immediately got behind the wheel. Moreover, it is difficult to drink the same amount of kefir. So it turns out that drivers were indignant in vain? There was no need to return the amendment?
Drivers had every right to be indignant, especially those who, in principle, do not drink alcohol at the wheel. The fact is that the breathalyzer has its own measurement error, albeit small. In the range of small measurements (up to 0.5), it is usually ± 0.05 ppm. With an increase in the alcohol content in the exhalation, the error can reach 15-20% of the readings. In addition, their accuracy depends on the type of device and weather conditions.
In fact, if it is assumed that the driver’s blood alcohol level should be zero, then it is necessary to somehow take into account the possible error. And it is precisely to this that the introduction of amendments to the legislation of the Russian Federation is more oriented. That is, drivers are not given permission to drink alcohol, even if in small doses, but reduce the possibility of unfair punishment based on incorrect testimony of the breathalyzer.
What can affect the instrument reading?
The permissible rate of alcohol at the wheel can not be equal to zero, not only because of the error of the instruments. There are several other factors that can influence the breathalyzer. These are alcohol-based drugs, toothpaste and rinse, cigarettes, strong-smelling products, spicy dishes, peppermint gum, and any food that has a lot of essential oils. The list is quite impressive, but everything is not as scary as it seems. An increase in the readings of the device can be observed only within a few minutes after consuming some products. After this time, a zero or a small digit will be displayed on the scale, which fits into the range of permissible error.
But the terrible myth about the increased level of endogenous alcohol has not been confirmed. According to competent experts, the number of it in the human body is so small that no device reacts.
Allowable alcohol driving
So, the possibility of error exists, which means that you should return the amendment. This is the decision that was taken by State Duma deputies and they returned such a notion as the permissible rate of alcohol. 2013 was a time of fierce debate. Not everyone considered such a move reasonable. But still the decision was made. The new rate of alcohol in the blood – 0 ppm. The permissible absolute alcohol value in exhalation is 0.16 ppm. What do these numbers mean? In the article
In fact, this amendment means that you can not drink while driving, and it is aimed at eliminating the corrupt actions of traffic police officers and at reducing the number of unfairly punished drivers, who are denied rights even for ultra-small numbers on the breathalyzer.
And from the point of view of narcologists, what should be the rate of alcohol in the blood? Promille is an indicator by which alcohol concentration can be determined, but what do these numbers actually mean?
So, absolute sobriety, or zero alcohol content, practically does not exist, and a person with readings of 0.1-0.13 ppm is considered sober. At 0.2-0.5 – the perception of moving objects decreases, attention and concentration decrease. Disappears caution.
Concentration of 0.5-0.7 shows that a person cannot correctly estimate the distance, distinguish colors and maintain balance. He has a slow reaction. However, a critical attitude to their own state remains.
At 0.7–1.3 ppm, there is a state of marked intoxication: reduced attention, inability to quickly assess the situation. Concentration of 1.3-2.4 – this is the strongest intoxication. In humans, speech and coordination are impaired. There is no self control.
The maximum rate of alcohol in the blood – 3-5 ppm. She is deadly.
So, as we see, new amendments were introduced taking into account real medical indicators. And if previously it was allowed 0.3 ppm in blood, which many drivers took as permission to drink before the trip, then today it is impossible to drink them.
Allowable blood alcohol in different countries
- In Algeria and Albania, the permissible rate of blood alcohol is 0.1 ppm.
- In Estonia, Norway and Poland – 0.2.
- In Georgia, Belarus and Uruguay – 0.3.
- In Lithuania and Jamaica – 0.4.
- In France, Monaco, Thailand and Portugal allow 0.5 per mille.
- In Bolivia, Honduras and Ecuador – 0.7.
- In the Bahamas, in England, the USA and Singapore – 0.8.
The highest permissible rate in the Cayman Islands and Lesotho is 1 per thousand. A number of countries, for example, Ethiopia, Bhutan and Angola do not limit drivers in the use of alcoholic beverages at all.
Is it possible to return the rights, referring to the presence of an error in the breathalyzer
You can, if you prove that the device really has it. That is, it is necessary to undergo a medical examination, which will show the absence of alcohol in the blood. Only such evidence the court finds sufficient to make a decision in favor of the driver.
If you do not go on time examination, you can lose a driver’s license.
How to return the rights after the adoption of the new law
In this case, the applicable retroactive force, mitigating the punishment of drivers for the offense. This is governed by the second part of Art.
That is, if the driver is deprived of his rights because of the alcohol content in the exhalation to 0.16 ppm, he may file a petition to the court to review the case in connection with the adoption of new amendments. Therefore, retroactive force applies to the law.
Drivers punished for a concentration of 0.16 ppm and higher will not be able to recover their driver’s license.
According to anonymous polls, 2.7% of respondents regularly sit behind the wheel. Almost half of all respondents (49.2%) claim that they never drive a car in a drunken state, because it carries the risk of harming oneself, strangers, relatives, and the possibility of death. Do not drink because of the fear of losing the rights of only 8.8% of motorists. And as many admit that they drive drunk while relaxing in the countryside, on deserted country roads. And 14.8 percent of the respondents admitted that they had driven the vehicle “decently drunk” at least once.
In general, the adopted amendments can be called a concession to those deputies who wanted to introduce a real alcohol rate, but at the same time gave arguments about the errors of the device, diabetic drivers and the level of endogenous alcohol. And now we have a threshold of 0.16 ppm, which is designed to cover any error. In this case, you can not drink and drive – and rightly so. After all, the relationship between the increase in alcohol in the blood of drivers and the increase in the number of accidents has long been proven and does not need additional confirmation and verification.