THE SECRETS OF THE BREATHALYZER TEST - HOW MUCH CAN WE EXCEED THE LIMIT AND NOT BE REPORTED - WHAT WE NEED TO KNOW - Filenews 12/4 by Vassos Vassiliou
When do police officers set up roadblocks in order to carry out breathalyzer tests and distribute out-of-court notices and penalty points to drivers and how much above the limit can the reading on the control device reach so that the person being tested is not reported when he blows?
What about the last drink and the last cigarette for those who smoke? Especially for these two aspects, drivers should know that before taking the sample, 15 minutes must have passed since the last drink and 3 minutes since the last cigarette was smoked.
An official answer to the above as well as to other questions is given by the competent Minister of Justice and in fact, not only on a theoretical level but on the basis of a specific police provision. This is very helpful not only for the law enforcement agencies but also for the citizens, when they go out for "a drink" and generally for entertainment, so that they know their limits when using the road network. The issue becomes interesting especially now with the gatherings and outings due to Easter, when everyone can arrange their course.
The answers were given in the context of questions submitted by the MP of Famagusta of DISY, Mr. Nikos Georgiou and one of the main details, which many do not know, concerns the fact that when the alcohol indication exceeds the specified limit by 1-2 pg, no complaint is made. In other words, given that for most drivers the limit is set at 22 pg, if the indicator after blowing, shows 23 or 24, the driver is not reported. However, the driver is not allowed to drive, unless afterwards (when in a few minutes he is asked to blow again) the amount of alcohol in his exhalation is below the specified limit.
More specifically, in the police provision, which should be the gospel of the law enforcement officers who take part in the blockades, the following is recorded:
– In case the amount of alcohol exceeds the specified limit by one or two (1-2) pg, no complaint should be made. However, the driver should not be allowed to drive unless the amount of alcohol in his exhalation is then below the cleared limit.
-The police officer should keep in mind that it is advisable, before the sample is provided, that 15 minutes have passed since the last drink and 3 minutes since the last cigarette was smoked.
In the question "when are breathalyzer tests carried out", the police order records that:
-Both the Police Director of the Traffic Department of the Headquarters and the Police Directors of the Districts, to organize systematic checks on the drivers who move mainly during the night and especially the midnight hours.
-Particular emphasis should be placed on Friday and Saturday nights and on the eve of holidays when there is an increase in the consumption of alcoholic beverages.
-During the day, it is recommended that drivers returning from picnic areas, especially on Sundays and other holidays, be checked.
-Testing is mainly carried out on drivers, whose behaviour or expiration gives rise to a reasonable suspicion that they are under the influence of alcohol. These findings can be made either during the usual traffic check or by the way of driving on the road.
-Alcohol testing is necessarily carried out on all drivers involved in road traffic accidents, of all categories.
-It is imperative that police officers are discreet, polite and show understanding and respect when asking drivers for a sample of exhalation.
-Under no circumstances is it legal to arrest any driver after a preliminary examination, unless the driver refuses or avoids going to the area where there is necessary technical equipment without reasonable cause.
According to the provision, when during the preliminary examination the device reading is above the specified limit, under no circumstances is the driver allowed to continue driving.
If there is no final examination device available at the point where the driver was stopped, then the driver should be transported to the nearest area where the necessary technical equipment is available, for a final examination and his vehicle should be driven to this area.
The driver is asked to give two exhalation samples for final examination, provided that:
-His attention was drawn to the Law
-At least 10 minutes have passed since the preliminary examination
-It's been 3 minutes since you smoked the last cigarette
-15 minutes have passed since vomiting. Otherwise he must rinse his mouth to clean it of any alcohol residue.
The police order is quite detailed and even covers the possibility that the driver is injured and is hospitalized. In this case, an expiration sample can be taken for preliminary and final examination only with the written consent of the Attending Physician. In this case, the equipment for the preliminary and final examination should be transported to the hospital. If the driver refuses or avoids providing a satisfactory exhalation sample, he is not arrested.
It is also provided that a blood sample is given only with the consent of the person from whom it is requested. In the event that this person refuses or is not able, due to his state of health, to consent to the concession, a blood sample taken for the needs of his medical monitoring may be used for laboratory analysis. This must be certified by the doctor who has the person under his direct supervision.
Based on the same police order, the result must be printed in three copies signed by the authorized operator. The first copy should be given to the driver and the second is archived in a special register while the third is placed in the case file. In cases where an out-of-court notice is issued, the third copy should remain in the possession/custody of the member (of the Police) who carried out the final examination, in order to be used for the purposes of judicial proceedings, in case the out-of-court fine is not paid.
