DRIVING IN A DRUNK STATE: 0,2 PROMILE, OR 0,5? OWL, THE GLOBE AND THE VIENNA CONVENTION ON ROAD TRAFFIC
I recently read this link this article with a loud name "International law can be applied in Ukraine: permissible alcohol content for drivers 0,5 it's good - they proved it in court and got a decision". The article describes the situation, when according to the results of the examination of the driver in a medical institution it was established, that the alcohol content in the body was 0,25 smartly. Since the clause 7 of section II of Instructions No. 1452/735 dated 09.11.2015 the permissible content of alcohol in the driver's body is 0,2 smartly, and the "dose" found in the driver was higher - the court of first instance found the driver guilty (case #751/8189/24).
However, the Chernihiv Court of Appeal canceled decision of the local court and closed the case. There is such motivation in the decision of the appellate instance:
Article 8 point 5 of the Vienna Convention on road traffic from 08.11.1968, which was ratified by the Ukrainian USSR 25.04.1974, defined, that special provisions should be made in national legislation, which relate to driving under the influence of alcohol, as well as the legally permissible level of alcohol in the blood, and in appropriate cases – in the air, that is exhaled, exceeding which is incompatible with driving a vehicle. In all cases, the maximum level of alcohol in the blood in accordance with national legislation should not be exceeded 0,50 grams of pure alcohol per liter of blood or 0,25 mg. per liter of air, that is exhaled.
So, the minimum limit of alcohol content for determining the state of alcohol intoxication, according to the norms of international law should constitute 0,25 mg. per liter of air, that is exhaled, and, in the calculation of units of measurement of alcohol in blood and air, that is exhaled, is 0,5 smartly.
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Therefore, taking into account the permissible error during the operation of the technical device, alcohol content in the air, that was exhaled by the driver PERSON_1 , did not exceed the maximum permissible norm, stipulated by the norms of international law.
But the court's conclusion is not entirely based on that, what is written in the Convention (Viennese, and not Vienna, by the way). Paragraph 6 (and no 5) articles 8 of this Convention reads as follows:
"In the national legislation need to predict special provisions, relating to driving under the influence of alcohol, as well as the legally permissible level of alcohol content in the blood, and in appropriate cases - in the air, that is exhaled, exceeding which is incompatible with driving a vehicle. In any case, the maximum level of alcohol content in the blood according to national legislation should not exceed 0,50 g of pure alcohol per liter of blood or 0,25 mg per liter of air, that is exhaled."
Therefore, the provision of the Convention mentioned by the court does not allow driving a car with the content of alcohol in the blood 0,5 smartly, and provides, that the member states of the Convention independently establish the permissible level of alcohol content, at the same time, it cannot be more, than 0,5 per milliliter in the blood. The Convention does not prohibit national authorities from setting lower alcohol levels, which is happening in Ukraine, where the minimum level of alcohol in the blood is established 0,2 smartly.
Why did the Chernihiv Court of Appeal allow such a sovonaglobusing with the Convention - a rhetorical question. As for me, in that case, the probable error of the device could be used to protect the driver (0.06), and not allow the essence of the Convention to be distorted. The justice of the council should be noted, that the majority of judges interpret the norms of the Convention quite correctly - for example, its absolutely correct interpretation was applied recently by the Khmelnytskyi Court of Appeal in another case.
Ago, if someone believes this phrase from the title of the article I mentioned: "...permissible alcohol content for drivers 0,5 smart..." - take your time. Advertising is one thing, but the realities are different.
25 September 2025 year
