The Rules of the Road strictly prohibit driving under the influence of alcohol, regardless of the amount consumed, and forbid anyone from getting behind the wheel while under the effect of narcotics – offences which carry particularly severe penalties. In practice, however, there are instances when medical examinations of drivers become necessary, such as after road accidents or when a driver’s behaviour arouses reasonable suspicion of impaired capacity.
In response, the Russian Ministry of Health (Minzdrav) has developed a draft order, now open to public discussion, which aims to tighten and meticulously regulate the procedure for medical examinations. This initiative is designed to minimise contentious situations and ensure that assessments are conducted in a more objective and impartial manner. The new order is scheduled to come into effect on 1 September 2025, marking a significant change in current practices.
The draft order, published on the federal portal for legislative projects, outlines a new procedure for medically assessing individuals for alcohol and drug intoxication. Although the testing methods and the examination algorithm remain unchanged, the key innovation is the requirement for written consent from the individual being tested.
This change is crucial for safeguarding citizens’ rights. If a driver is conscious, they must personally sign a document confirming their consent to undergo the examination. If the driver is unconscious, written consent must be obtained from their legal representative.
Failure to obtain this written consent will automatically result in a certificate of refusal to undergo the medical examination. Such a refusal carries significant legal consequences under Article 12.26 of the Code of Administrative Offences of the Russian Federation. A driver who declines to be examined faces a substantial administrative fine, as well as the revocation of their driving licence for a period of at least one year, with the exact penalty depending on the circumstances and the court’s decision. Thus, refusing an examination is effectively equated with an admission of guilt, triggering the harshest penalties.
Tatiana Solomatina, Deputy Chairwoman of the State Duma’s Health Committee, emphasised that any medical intervention – including testing for intoxication – must be based on the patient’s voluntary and informed written consent. This requirement is fully in line with current legislation and constitutes an essential guarantee for protecting individual rights.
By introducing the requirement for written consent, the new order aims to eliminate any attempts to conduct medical examinations without the individual’s approval, thereby preventing potential abuses and rights violations. The revised procedure will ensure a stricter and more transparent process for examining drivers, upholding their rights while enhancing the fight against driving under the influence.
Ultimately, the Ministry of Health’s objective is to bolster the rule of law and fairness in this area, striking a balance between the need to detect traffic violations and the protection of citizens’ rights.
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