Margin of Error and Objection in Breathalyzer Measurement

Alcohol meter measurement within the scope of KTK article 48; Administrative fines, driver's license revocation and TCK Article 179 are decisive for the crime of endangering traffic safety. However, margin of error and calibration are critical elements in measurements.

Types of Alcohol Meters

• Scanning device (roadside): Fast preliminary measurement; The probative value is weak.
• Sensitive device (evidence device): In a healthcare institution; It has high evidentiary value.
• Blood test: At the medical center; most reliable.

Margin of Error

• Typical tolerance: ±0.05 promil (varies by device).
• In case of lack of calibration, measurement reliability decreases.
• The effects of food/medicine/oral bacteria may cause temporary errors.
• False positives may occur in diseases such as diabetes and GERD.

Right to Second Measurement and Blood Test

• The driver may object to the first measurement and request a repeat measurement
.
• Second measurement with a sensitive device in a healthcare facility.
• Or confirmation with blood test
• If rejected, a note will be made in the minutes.

Supreme Court 12th CD — Established Approach

12. CD requires that the calibration certificate of the device for alcohol measurement is in the file, that the measurement report is duly prepared, and that the driver's second measurement/blood test request is reflected; In case of irregular measurements, the conviction is overturned.

Administrative Sanctions

• 0.50 promil and above: administrative fine + 6 months document withdrawal (first).
• On the second repeat: Rollback 2 years.
• In the third iteration: 5-year rollback + driver behavior improvement training
• In case of causing an accident, additional penalties under TCK Article 179, Article 85, Article 89.

Administrative Objection Procedure

• Objection to the administrative fine to the criminal judgeship of peace within 30 days.
• Annulment case for driver's license retrieval in the administrative court.
• Objection to enforcement proceedings.

Criminal Appeal Procedure

• Questioning the legality of alcohol measurement in the TCK Article 179 case.
• Request for calibration certificate.
• Expert report (reliability of the device).
• Second measurement - effect of refusing blood test request.

Practical Tips