Drink-driving lawyer in Odesa (Article 130)

When you need a lawyer

• a protocol for driving under the influence was drawn up against you
• the test was carried out with violations or the result is doubtful
• your rights were not explained or you received no copies of documents
• the court has already scheduled a hearing
• a ruling was issued in your absence

What we do

• review the protocol, video and test results
• check that the stop and test procedures were followed
• prepare explanations, motions and evidence
• represent you in court
• appeal the ruling

What to do right away

• do not sign anything you disagree with: write your objections in the protocol
• keep copies of documents and dashcam footage
• note the contact details of witnesses
• call a lawyer before giving explanations

What is the penalty under Art. 130?

Under Art. 130(1) of the Code of Administrative Offences a driver faces a fine of 1,000 tax-free minimum incomes (UAH 17,000) and a one-year driving ban. Refusing a sobriety test carries the same penalty. A repeat offence within a year falls under Art. 130(2): a fine of 2,000 minimum incomes (UAH 34,000) and a three-year ban, and the court may also take the car with compensation of its value or order ten days of administrative arrest.

How the test must be carried out

At the roadside the officer tests you with a special technical device and must record it on video; if recording is impossible, the test is done in front of two witnesses. If you refuse the roadside test or disagree with the result, the test is carried out at a healthcare facility, no later than two hours after the grounds for it arose. A test carried out in breach of these rules is invalid by law (Art. 266 of the Code of Administrative Offences).

Deadlines to know

• a penalty under Art. 130 can be imposed within one year of the offence (Art. 38);
• the case is heard by the court where the offence took place (Art. 276(1)); in Odesa that is one of the city’s district courts, such as the Prymorskyi, Kyivskyi or Malynovskyi District Court;
• a judge’s ruling is appealed to the Odesa Court of Appeal within ten days of the day it is made, not the day you receive it (Art. 294).

Common mistakes

• signing the report without objections even though you disagree with the test result;
• not asking to be sent to a healthcare facility, although you are entitled to;
• not attending court and learning about the ruling after the ten days for an appeal have passed;
• not keeping the dashcam recording that shows how the stop and the test really went.

If people were injured in an accident, the case may become criminal; see the road accident lawyer page.