Moldovan top court rules medical test for drivers compulsory

Chisinau, July 18 /MOLDPRES/ – Drivers suspected of committing a crime under the influence of alcohol are obliged to pass medical examination, according to a decision announced by the Constitutional Court (CCM) today. 

The High Court has ruled that mandatory testing of the alcohol level is necessary, in order to prevent offenses and protect human rights and freedoms of other persons, and does not violate the right to privacy of the drivers. 

"When the driver of a transport means is suspected of committing an offense under the influence of alcohol, he/she can not refuse the breath test, blood or medical examination. At the same time, obliging the driver to undergo examination, to determine the level of ebriety, does not affect the constitutional provisions," reads CMM's decision.  

The provisions were reasoned by the fact that road traffic safety presents an overriding public interest, and ensuring this security is an obligation of the state. However, the transport unit, as a participant in traffic, presents a source of increased danger; therefore, its driver has a duty to comply with certain regulations imposed by the authorities, to avoid risks. 

"The alcohol testing procedure and medical examination to establish the intoxication of a person is governed by the law that establishes certain guarantees in this regard. It is justified for public order, traffic safety, preventing danger to the life of both the driver and of the transport means,  as well as other people," reads the decision by the Court. 

The decision is final, can not be subject to any appeal and enters into force upon adoption. 

According to the Criminal Code, if drivers refuse to pass medical examination, which means collection of biological samples, they shall be fined with 11,000 – 13,000 lei.

(Reporter A. Plitoc, editor L. Alcaza)