Police Mistakes in Alcohol Testing: How to Challenge Them

Driving under the influence of alcohol or drugs is a serious offense that carries significant fines and license suspension. However, in practice, there are many cases where a driver is wrongfully accused due to police errors, incorrect protocols, or violations in the testing procedure.

If you were unfairly accused of driving under the influence, the lawyers of the “Advocacy and Real Estate Association of Ukraine” will help you challenge the protocol, prove your case, and protect your license.

What mistakes can police make during alcohol testing

Law enforcement officers must follow the procedure outlined in Article 130 of the Code of Ukraine on Administrative Offenses. If violations occur, it can be grounds to cancel the fine and reinstate your driving license.

Common police mistakes:

• Testing without witnesses – if the alcohol test was done without two independent witnesses or without video recording

• Incorrect protocol – missing signatures, wrong dates, vague wording

• Using a faulty or uncalibrated breathalyzer – the device must be certified and regularly checked

• Violation of the medical examination procedure – referral must be issued in accordance with the law

• Denial of alternative testing – if the breathalyzer results are questionable, the driver must be referred for a medical test

If any of these errors occurred in your case – they can be challenged.

How to challenge a drunk driving protocol

To prove the accusations are invalid, act promptly and clearly:

1. Stay calm and do not sign the protocol without comments – if you disagree, note it in the protocol

2. Check the documentation – keep a copy of the protocol and any available video

3. Gather evidence – find witnesses, CCTV footage, or dashcam video

4. Contact a lawyer – a legal expert will identify violations and prepare the paperwork

5. File a complaint in court – you have 10 days to appeal the police decision

How a lawyer can help with your case

Lawyers at the “Advocacy and Real Estate Association of Ukraine” provide full legal support:

• Case analysis – we review the protocol, evidence, and possible violations

• Drafting a legal claim – we prepare a well-founded statement to challenge the fine and suspension

• Court representation – we defend your rights and prove the charges are unlawful

• Appeal to higher courts – if the first ruling is unfair, we file an appeal

• License reinstatement assistance – if the appeal is successful, you get your license back

Why choose us

• Experience in challenging police protocols

• High success rate

• Fast and professional service

• Full confidentiality and legal protection at every stage

Do not waste time. If you are accused of drunk driving – contact us. We will help protect your rights and avoid unfair punishment.