Alcohol test. "Drive on" or criminal liability.

Sergey got into an unpleasant situation. An ordinary story – had a few beers with friends on holiday, then got into their cars and drove home. But as luck would have it, there was a KAT check on the road, and he had to take an alcohol test. The police officers did not fail to notice that Sergey was nervous and clearly did not want any checks. What to do? Refuse the test? Take it and then challenge it? Submit to fate?

What the law says

In Bulgaria the maximum permitted amount of alcohol in a driver’s blood is 0.5 per mille. If the alcohol level is between 0.5 and 0.8 per mille, the driver faces a fine of 500 leva and a six-month withdrawal of the driving licence. In addition, 10 points will be deducted from the control coupon attached to the licence.
If the blood level is between 0.8 and 1.2 per mille, the fine will be 1000 leva, the licence will be withdrawn for a year, and 10 points will be deducted. If the alcohol content is even higher, the driver faces criminal liability and possibly detention in custody. The offender may then be deprived of liberty for a term of 1 to 3 years, stripped of the driving licence and fined 200 – 1000 leva.
For a repeat offence the fine is between 1000 and 2000 leva, the licence is withdrawn for 1 – 3 years and 15 points are deducted.
Refusing to take the test carries a two-year withdrawal of the licence, a fine of 2000 leva and the deduction of 12 control points.
In addition, if alcohol is found in the driver’s blood (more than 0.5 per mille), or if the driver refuses the test, the driving licence is taken away for a period of 6 to 18 months – until the question of liability is resolved. The vehicle of an owner who let an intoxicated driver behind the wheel is temporarily banned from the road (for a period of 1 month or more). The registration of the vehicle of an owner whose blood was found to contain more than the permitted amount of alcohol, or who refused the test, is terminated for a period of 6 to 12 months.

Who pays for the party?

The cost of the examination is covered by the driver if more than 0.5 per mille is found in the blood. If the test shows less than 5 per mille or turns out to be of poor quality and invalid, it is carried out at the expense of the authority that ordered the examination.
If the driver is not satisfied with the result of the test carried out by the police, he may have a second, independent examination performed, but this must be done immediately.

When can you refuse the test without consequences?

If the car is parked and the engine is switched off, the driver may refuse the check without any risk. The point is that being in a car while intoxicated is not prohibited – what is prohibited is driving the car. If the traffic police officer nevertheless insists on the check, draws up a report and takes away the licence, the penalty decree issued in connection with this can be appealed.

So what happened next to the hero of our story?

Sergey did not refuse the test and obediently took it. Fortunately, the alcohol content in his blood turned out to be within the norm, so he was let go, with a parting reminder to be more careful on the road.

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