"I'm drinking, not eating." Surely many motorists are interested in the answer to the question of whether they have the right by law to drink alcohol while in a parked car. Will a police officer be able to hold a citizen accountable for such an action, fine or deprive him of his rights?
In fact, the law with this issue is quite simple and transparent. In Russia, there is such article 12.8 of the Code of Administrative Offenses of the Russian Federation, which provides for the motorist responsibility for driving vehicle while intoxicated or for transferring control to another person who is in a state of intoxication. Until 2019, there were rumors in the interpretation of the concept of "driving a vehicle" both on the part of the police and on the part of citizens-motorists.
However, the Supreme Court of Russia during the 20th plenum brought final clarity on this matter. Now, only the purposeful influence of a person on equipment, as a result of which this very equipment begins to move in space, is recognized as the control of the vehicle. It makes no difference whether the engine of the car was running or not. If a citizen in a state of intoxication is driving at the moment when the car rolls down the hill, then this, according to the law, is guaranteed to be equated to “drunk driving”.
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Thus, if the car remains motionless, and the citizen sits behind the wheel or in the cabin and drinks alcohol, then there will be no offense. If at such a moment the policeman requires a driver's license from a citizen, then you can safely not show it, saying that the vehicle is not currently being controlled. And all because a person in such a situation is not a driver. Accordingly, the requirement to undergo an examination to such a citizen will also be illegal. It is also worth remembering that the car is private property, and the interior of the car is not a public place.
If you want to learn even more useful, then you should read about how to be a sober driverif the breathalyzer shows ppm.
Source: https://novate.ru/blogs/090222/62109/