An alcotest result becomes contested precisely because a full procedural chain stands behind it: the grounds for the stop, the examination, the device, the protocol and the conversion of the result into a fine ticket. Article 116 of the Administrative Offences Code sets two intoxication thresholds on which the whole system of sanctions rests, and the notes to the article directly record decisive procedural rights — including the right to seek an independent medical examination within a 2-hour window after testing. Our task is to examine every link of this chain against the documents and to carry into the complaint only what is genuinely broken.
Sanctions: Two Thresholds and Aggravated Cases
The law distinguishes two principal ranges: where the driver’s blood ethanol content exceeds 0.3 per mille but does not exceed 0.7 per mille, the offence is punished by a 6-month suspension of the driving licence; content above 0.7 per mille, as well as evading the examination, entails a 1-year suspension. Intoxication within the meaning of the law means blood ethanol above 0.3 per mille — below that boundary no administrative penalty arises under this article at all.
Aggravated cases are provided in separate parts, and their measures must not be blended together:
- repeat commission during the suspension period — a GEL 2,000 fine, administrative arrest from 5 to 15 days, and a 1-year extension of the suspension;
- commission by a driver without a licence or with one suspended for another offence — a GEL 2,000 fine;
- repetition in those circumstances — a GEL 3,000 fine and administrative arrest from 10 to 15 days;
- accompanied by light damage — a GEL 2,000 fine and a 3-year suspension of the licence;
- the most serious repeated case — a GEL 3,500 fine and administrative arrest from 10 to 15 days.
Where a fine-type penalty is imposed, a surcharge of GEL 500 is assessed after the voluntary-performance deadline expires. The complaint strategy therefore always rests on the exact classification — which part was actually applied and whether that is confirmed by the data in the protocol.
After Testing — the 2-Hour Window and an Independent Examination
The note to Article 116 is decisive for human rights: where a state of alcoholic intoxication was revealed by testing, the driver has the right, within 2 hours of the testing, to apply to the relevant medical/expert facility for a clinical-laboratory examination or for the taking of a blood sample and determination of ethanol content. If the clinical-laboratory examination does not establish a state of intoxication, the driver is released from the administrative penalty and may also claim compensation for the damage caused.
When working with blood analysis results, the organ examining the case is guided by the data of alcohol toxicokinetics, under which the concentration of alcohol in the human body decreases by 0.15 per mille every 1 hour — this coefficient is used to reconstruct the timeline. The lists of medical and expert facilities, and the rules for taking and forwarding blood, are defined by a joint order of two ministers — and it is on those acts that we verify whether the chosen facility was authorised at all.
The Officer’s Actions: From Grounds to Protocol
A police officer is obliged to examine on the spot a driver for whom sufficient grounds exist to suppose a state of alcoholic intoxication; where the fact is confirmed or the driver evades the examination, the officer removes the driver from driving. Where narcotic or psychotropic intoxication is suspected, the person is referred to a person authorised by the Minister of Internal Affairs for examination. The procedure for establishing facts of intoxication is likewise defined by a joint ministerial order — so the complaint examines not only the number of per mille but the entire procedure: whether the grounds were sufficient, whether the procedure was observed, and who performed the examination.
What We Check When Preparing the Complaint
In practice the defence unfolds along several lines: establishing the grounds for the stop and the examination; the formal correctness of the testing and the protocol; whether an explanation of the 2-hour window was available at all; getting the results of the independent examination into the case file; and the time-based reconstruction of the per mille using the 0.15-per-mile-per-hour coefficient. If any of these elements is broken, the complaint seeks a reclassification or the annulment of the penalty. We do not name arguments that the case materials do not support — we prepare only a documented position.
The Forum and the Deadlines for Appeal
The decision may be appealed by the person against whom it was issued, by the victim, and by the officer who drew up the protocol. A decision on a fine or another administrative penalty is appealed to a superior organ whose decision is in turn appealable in court; an application directly to the district (city) court is also possible. The complaint is filed with the issuing organ and forwarded within 3 days; no state duty is payable. The deadline is 10 days from the handing over of the decision, restorable where missed for a valid reason. Because an appeal does not suspend enforcement, the time factor is especially critical in licence-suspension cases.
Frequently Asked Questions
Below are the most frequently asked questions about alcotest results and intoxication.
From what threshold is intoxication counted?
Blood ethanol above 0.3 per mille. Between 0.3 and 0.7 per mille the offence carries a 6-month suspension; above 0.7, or evasion of the examination — 1 year.
Within what time can an independent examination be sought?
Within 2 hours of the testing the driver may apply to a medical/expert facility; if intoxication is not established, he is released from the penalty.
How is the timeline reconstructed?
Where blood ethanol content is at issue, the examining organ uses the datum that the concentration decreases by 0.15 per mille every 1 hour, based on alcohol toxicokinetics.
Can a complaint be filed after the suspension has started?
An appeal does not suspend enforcement, so the complaint must be filed within the 10-day period; for a decision received late the deadline is restored for a valid reason.
What fines exist for repeat commission?
A repeat during suspension carries GEL 2,000, 5–15 days of administrative arrest and a 1-year extension; the gravest repeat — GEL 3,500 and 10–15 days of arrest.
How We Help on Legal.ge
On Legal.ge we unfold the procedural chain of the case — from the grounds to the independent examination — recalculate the per mille timeline, prepare the complaint to the superior organ or the court, and protect the deadlines so that a suspension does not become unfounded. We do not advise what the law does not support — Contact us on Legal.ge and receive a precise assessment.