International Impaired Driving Laws
Russian Drunk Driving Laws – Protests Against New Regulations
Something for our “International File” – The Moscow Times reported on November 2, 2010 that there were protests against new impaired driving regulations imposed by the Health And Social Development Ministry which were implemented by President Dmitry Medvedev this past summer.
Prior to the change in regulations, in order for a charge of impaired driving to be brought against someone, not only was the evidence of a breathaliser required, but also the evidence of a doctor that could examine a suspected impaired driver including a physical exam and dexterity tests if the suspect challenged the results of the breath test.
In Russia, paramedics administer the breathaliser test. In an effort to institute “zero tolerance” for impaired driving with a blood alcohol concentration limit of about 0.03%, the new regulations have removed the opportunity for a suspect to be examined by a doctor if they wish to challenge the breath test results.
Critics of the new Russian regulations say that without a doctor’s examination, it will make it more attractive to police officers to demand bribes from drivers who have failed a breath test. As well, critics also say that the low legal limit means that it would be possible that some would be over the limit for simply drinking a glass of Kefir, a traditional fermented milk product drink, or Kvas, both of which contain a small amount of alcohol.
Kefir is a drink which is widely accepted by many in Russia and other parts of the world as having health benefits and children are given it to drink as well.
Critics point to a an experiment recently when former Russian Deputy Minister of The Interior, Vladimir Vasilyev, drank a bottle of kvas with news reporters present. He then took a breath test which indicated his BAC was over the Russian legal limit.
Posted in International Impaired Driving Laws | 
Tags: kfir alcohol, kvas alcohol, russian dui laws, zero tolerance alcohol | 
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Impaired Driving In Ireland
In Ireland, “drink driving” as it is called is considered a very serious offense. In that country, the Police (officially named The Garda) have the legal power to randomly request roadside breathalyzer tests. In most jurisdictions of North America, even though the police are allowed to have spot checks, they are still generally required to have some reasonable grounds before demanding a breath test at a spot check. In Ireland, this is not the case, where The Garda are given the power to pull vehicles over at a spot check and demand from any driver upon being pulled over, a breath sample to determine if the driver is over the legal limit.
Irish law sets the legal limit in three different ways:
1. The concentration of alcohol in your blood exceeds a concentration of 80 milligrams of alcohol per 100 millilitres of blood.
2. The concentration of alcohol in your body exceeds a concentration of 107 milligrams of alcohol per 100 millilitres of urine.
3. The concentration of alcohol in your breath exceeds a concentration of 35 microgrammes of alcohol per 100 millilitres of breath.
All three of the above are not only while driving, but within three hours after driving.
In Ireland, anyone that uses a vehicle that is “mechanically propelled” is subject to the laws regarding ‘drink driving’. This includes any vehicle powered by fuel or electricity and can even include electric wheelchairs, scooters and electric bicycles.
Irish citizens do not have a definitive legal right to legal council after a breath demand is made. In 1991, the Courts set the precedent in the case of Walsh v O’Buchalla [1991]. The defendent claimed that his rights were violated because he was denied access to his lawyer before he blew into a alcohol breath machine. The court ruled “that because it was a statutory obligation to provide a specimen when arrested for drink driving, no amount of legal advice would change this obligation.”
When an Irish citizen is arrested for drunken driving (DUI in the US, Impaired Driving in Canada), the citizen is taken to the closest Garda Station where the arrested person may provide a sample of blood, urine or breath. In the case of a blood or urine sample, half is returned to the arrested person, while the other half is sent for analysis to the Irish Medical Bureau of Road Safety. The citizen may also have their own analysis done on the urine or blood sample they were provided.
If the Bureau reports that their sample showed an amount of alcohol in excess of the illegal limit, the driver will be summonsed to Court.
In the case of a breath sample, two printouts are made from the Intoxilyzer machine and the arrested person is given a choice of which printout they would like to be given. The remaining printout is used as proof of being over the legal limit and the arrested person is summonsed to court.
Upon conviction, drivers license suspensions are determined by the amount of alcohol in your system at the time of the test. If the BAC was above .08 but did not exceed .100, it’s an automatic 1 year suspension. If between .100 and .150, a two year suspension will be applied. Over .150, a three year suspension will apply, and if it’s the second offense, the suspension periods are doubled.
The license suspensions are minimums – the Judge may impose a longer sentence.
An Irish driver who is convicted of drunken driving also faces a hefty maximum fine of 5,000 Irish Pounds – about $6,000US.