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In 2022, more than 18,000 incidents occurred in Ukraine Road accidents with victims, including 790 accidents involving drivers who were driving under the influence of alcohol, which is about 5% of the total number of them in the country.
Ukrainian legislation states that the permissible content of alcohol in a driver’s blood is 0.2 ppm, and if the indicators are higher, the driver can be punished in the form of a fine from UAH 17,000 to UAH 51,000 with deprivation of the right to drive vehicles from 1 to 10 years
But is it possible to apply the norms of international law in this matter, which speak of a different permissible level of alcohol in the blood of a driver? We will try to answer this question in this informative article.
Is the person in a state of alcohol intoxication?
To establish whether a person is in a state of alcohol intoxication in Ukraine, law enforcement officers of the National Police need to examine the person with the help of special devices (for example, “Drager Alcotest 6820”).
After the results of the inspection, the indicator on the device must be equal to or greater than the mark of 0.2 ppm, and then it can be assumed that the person drove the vehicle, having consumed alcohol before that.
Data on the authority of employeesThe national police are fixed in instructions dated November 9, 2015 No. 1452/735.
Considering the above, it can be assumed that the norm of alcohol in the blood of a driver in Ukraine according to national legislation is 0.2 ppm.
What does court practice say?
From the analysis of judicial practice in Ukraine for the year 2023, it can be seen that in cases involving the prosecution of a person under Art. 130 of the Code of Civil Procedure, the courts note that in our country the priority of international law over national law is recognized, which follows from the Constitution of Ukraine, the Law of Ukraine “On International Treaties of Ukraine” and other normative legal acts.
Therefore, in the event of a discrepancy between the norms of the international treaty ratified by Ukraine and the norms of its national legislation, the norms of the international treaty should be applied.
In addition, in such cases, the courts are guided by the Road Traffic Convention dated November 8, 1968, which was ratified by the Ukrainian USSR on April 25, 1974, which states that countries that have ratified this Convention must include special provisions in their national legislation that fix the permissible alcohol limit in of blood for driving cars, the excess of which is inadmissible and an appropriate sanction is provided for it.
In addition, in all other situations where there are no special provisions mentioned above, the maximum level of alcohol in the blood should not exceed 0.50 grams of pure alcohol per liter of blood or 0.25 mg per liter of exhaled air.
From the recalculation of measurement units of alcohol in the blood and exhaled air, it is 0.5 ppm. (Resolution of September 14, 2023, in case No. 750/10219/23, resolution of June 19, 2023, in case No. 682/1439/23, resolution of October 4, 2023, in case No. 538/1877/23).
Summarizing the above, we can say that in Ukraine, international law should be applied when determining the permissible content of alcohol in the blood of a driver, where the minimum norm is fixed at 0.5 ppm because it has priority over national legislation.
However, attention should be paid to the critical attitude of judges to cases under Article 130 of the Code of Criminal Procedure, in connection with which we recommend engaging the legal assistance of lawyers during the resolution of such cases.
If you need professional assistance during consideration of an administrative offense provided for in Art. 130 of the Code of Administrative Offenses – contact the proven specialists of the “Prikhodko and Partners” law firm.
Our lawyers will study all the circumstances of your case in detail, and provide professional advice on possible actions, as we have many years of experience in the field of law with similar cases.