Igor Shuvalov: What is your concern? Drunk driving? State Duma deputies are considering a draft law, it has been submitted to the Government. We support the approaches proposed by the deputies. These approaches also have the President’s and the Prime Minister’s backing. What are those approaches? It is not considered intoxication if you were tested with the use of alcohol testers and the readings are within the margins of error according to the specifications of the testing device. It means that if the device manufacturers believe their device may show error, then within this margin of error all readings received during this testing will be judged in favour of the person who underwent the testing. Now about the work done by the Government. The Ministry of Industry and Trade has studied all existing alcohol testers. There are around 30 of them. The samples were received from the Interior Ministry and the Health Ministry. This is the whole range currently used for identifying people under the influence. The average number is 0.16. For that reason we consider it fair that the draft law states that values within the margin of error indicated in the device’s specifications shall not be considered alcohol intoxication as long as it is not more than 0.16. This does not mean that drivers may consume alcohol, it has nothing to do with drinking alcohol.
Moreover, we think the draft law should not say anything about the probability of alcohol presence in the blood for blood testing since a blood test in any case will completely confirm or deny the presence of alcohol in the blood. And we think that the provision currently proposed by the deputies should first of all protect drivers from the abuses at the hands of traffic police or some other officials who can complicate matters for drivers. Drivers must not drink alcohol, but they should be protected, since the readings of the testing device may not be completely accurate.
Question: But today 0.35 parts per million …
Igor Shuvalov: I am reporting the stance of the Government, what it consists of. It has been agreed with the Prime Minister. Moreover, it did not come from nowhere; it was elaborated following statements of the President of the Russian Federation after the work done by experts and the Ministry of Industry and Trade.
Question: There is a subtlety here. Is 0.16 for breath, or is it made equal to..?
Question: 0 parts per million in blood, while 0.16 per million is the margin of error …
Igor Shuvalov: Let me reiterate: when drivers are given an alcohol test, do they have to take a blood test? No, they don’t. So this margin of error is only relevant for breath tests. And the error should be within the technical specification of the device but no more than 0.16.
As for the alcohol content in the blood, it should not concern those standards at all, as any blood test in a medical facility will always give 100% precision in determining the absence or presence of alcohol in the blood. And a blood test done in a medical facility has no relation whatsoever to the procedure when a person is given a test. You shouldn’t confuse people. It should be stated as simply as possible – just as I told you.
There is a technical specification for every device indicating its margin of error. For readings within that margin of error, the driver is given the benefit of the doubt, and it is not taken as a proof of alcohol consumption. But this is only for readings that do not exceed 0.16 parts per million. That’s it. We think that any mention of alcohol presence in the blood in this provision will confuse people and send false signals. The major signal is the following: no one should drink and drive. Period.
Question: When might this come into effect?
Igor Shuvalov: Everything depends on the deputies. If they are ready to pass the draft law before the end of the spring session, I think that would good for everyone.
