The obliging of drivers to take the alcohol test is constitutional, the Constitutional Court ruled on July 18 following a case examined by the Balti Court in which the lawyer claimed that the provisions of the article concerning the refusal, opposition or avoidance by the driver to allow having a sample of blood taken for the medical examination for establishing the state of inebriation run counter to the Constitution, IPN reports.
The Court held that the provisions of Article 28 of the Constitution guarantee the right to private life to everyone, providing for a particular degree of protection against any interference. At the same time, the right to the respect for private and family life cannot be an absolute right and can involve limitations, on condition that these are reasonable and proportional to the legal goal pursued.
The Court ascertained that the necessity of interfering in the private life of the driver by collecting blood samples for determining the state of inebriation is justified by the protection of important values such as public order, traffic security, prevention of the danger to the life and physical integrity of other persons and to the life and bodily integrity of the drivers themselves.
The Constitutional Court’s judgment is definitive and cannot be appealed.
