46.9. Who conducts the examination for intoxication?
UAКим проводиться огляд на стан сп’яніння?
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This is an exam question from the Traffic Rules of Ukraine concerning road safety and the legal procedure for checking a driver for alcohol, drug, or other intoxication. In practice, such checks follow a strict procedure, as the correctness of the examination affects both road safety and the legality of subsequent actions by police officers and medical personnel.
The question tests understanding of Section 2 of the Traffic Rules, specifically points 2.5 and 2.9 (“Duties and rights of drivers of motor vehicles”): the driver is obliged to undergo an examination in the prescribed manner, and driving under the influence is prohibited. The “prescribed manner” is determined not only by the Traffic Rules but also by the relevant Instruction of the Ministry of Internal Affairs and the Ministry of Health: the examination is conducted either by police officers at the place of stop using permitted special devices in the presence of two witnesses, or by authorized medical personnel at a healthcare facility (in rural areas, under certain conditions, a paramedic who has undergone training may conduct the examination).
Analyzing the answer options in such tests for the theoretical exam is important: the statement about “any doctor” is incorrect, because the examination must be conducted not by any medical worker, but specifically by a healthcare facility and a specialist who is authorized and trained for this procedure. On the other hand, the wording about a check by a police officer at the place of stop in the presence of two witnesses corresponds to the procedure, as does the option about an examination in a medical facility by an authorized doctor. That is why the correct logic of the answer combines these two legal ways of conducting the examination, and not all the options listed.
Clause 2.5 (Section 2 "Duties and Rights of Drivers of Motor Vehicles")
At the request of a police officer, the driver must undergo a medical examination in the prescribed manner in order to determine the state of alcoholic, narcotic, or other intoxication, or being under the influence of medicinal drugs that reduce attention and reaction speed.
This clause of the Traffic Rules checks the knowledge that the examination is not conducted "arbitrarily," but specifically in the manner established by law (that is, according to the procedure defined by separate regulatory acts).
Clause 2.9 (Section 2 "Duties and Rights of Drivers of Motor Vehicles")
The driver is prohibited from operating a vehicle while in a state of alcoholic, narcotic, or other intoxication, or under the influence of medicinal drugs that reduce attention and reaction speed.
This clause of the Traffic Rules serves as the basis for monitoring the driver's condition and, accordingly, for conducting the examination in the prescribed manner.
That is, the correct answer is "Answers 2 and 3," given that, according to the definition in the Traffic Rules, the driver is obliged to undergo an examination "in the prescribed manner" (clause 2.5) in cases of monitoring compliance with the prohibition on driving under the influence (clause 2.9), and the established procedure provides for the examination to be conducted by a police officer at the place of stop or by a doctor of a healthcare institution.
When there is suspicion that a driver is under the influence of alcohol, drugs, or other intoxicants, the procedure for testing is determined not by the 'regular' points of the Traffic Rules, but by a special Instruction of the Ministry of Internal Affairs and the Ministry of Health regarding the detection of intoxication and the documentation of examination results.
According to this procedure, the examination can be conducted in two ways. The first option is directly at the location where the vehicle was stopped. In this case, the examination is carried out by a police officer using a special technical device that is officially authorized for such checks. An important point: the on-site examination is conducted in the presence of two witnesses to ensure the transparency of the procedure.
The second option is an examination at a healthcare facility. In this case, it is conducted by a doctor. And if it concerns a rural area where there is no doctor, the examination can be performed by a feldsher (paramedic) of a feldsher-midwife station, but only if they have undergone special training. This means that 'just any medical worker' or other persons cannot conduct such an examination.
Therefore, the correct answer is 'Answers 2 and 3,' since an examination for intoxication according to the established procedure is conducted either by a police officer at the scene using special devices (in the presence of two witnesses), or by an authorized medical worker at a healthcare facility.