How is a medical examination for the state of alcohol intoxication of drivers carried out?

New procedure for testing for alcohol

Driving a vehicle while drunk is a serious administrative offense. For this, the motorist risks being left without a license for one and a half to two years. A drunk road user is dangerous both for other drivers and for pedestrians.

Considering this fact, traffic police officers are obliged to take all measures to prevent such administrative violations.

Therefore, when you are intoxicated, State Traffic Inspectorate employees have the right not only to remove you from driving, but also to conduct an alcohol intoxication examination or take you to a medical facility for a similar procedure.

The examination must be carried out according to the rules established by Russian legislation. But in some cases, traffic police inspectors neglect these rules and do not comply with the procedure for medical examination for intoxication in 2018, thereby violating the driver’s rights. To avoid such situations, a motorist needs to know the procedure for testing for alcohol intoxication in 2018.

A medical examination is not carried out immediately after the inspector has stopped the violator’s car.

This procedure is preceded by the removal of the driver from the vehicle and an initial examination, which helps to verify the presence or absence of alcohol intoxication.

Based solely on the results of the initial inspection, the traffic police inspector will be able to send the motorist to a medical facility for further examination.

The procedure for conducting a medical examination by a traffic police officer

The procedure for inspection and certification is as follows.

If the police officer sees that the driver has all the signs of alcohol intoxication (shaky hands, awkward gait, redness of the face, incoherent speech, inappropriate behavior, the smell of alcohol), he has every reason to conduct an examination. Then the inspector is obliged to prevent the driver from further driving the vehicle.

Removal from driving a vehicle

If a traffic police officer finds all signs of alcohol intoxication in the driver, this is the basis for a subsequent examination. To carry out the procedure, the police officer must find two witnesses. Without them, the examination will not be carried out.

An alternative option in such cases is a video recording made by the traffic police inspector himself. If the policeman chooses the second option, then the search for witnesses is eliminated. Then he draws up a protocol in which all the circumstances are recorded.

The protocol is a written confirmation that the driver is suspended from driving.

Driver examination

The basis for the conduct of the examination procedure is the same signs as given above. Before carrying out all measurements, the traffic police officer must tell the driver everything about the device that will be used during the procedure.

It is important that the police officer has all the documents for this device. The breathalyzer must have a seal. If the device is not sealed, you can refuse to undergo the procedure.

Inspection is carried out only using certified instruments.

After the inspector explains the rules for using the device, it is necessary to begin examining a sample of the air exhaled by the driver. To do this, the subject must exhale into the mouthpiece of the device before the sound signal sounds.

The inspector must demonstrate the results produced by the device to the driver and two witnesses. The permissible rate is 0.2 ppm . Based on the results of the inspection, the inspector must draw up a special inspection report, which records all the information.

If the driver does not agree with the results of the study, then the next step will be an examination at a medical institution.

The procedure for conducting a medical examination for intoxication in a medical institution

The procedure for testing for alcohol is the same for all drivers. A referral for a medical examination to vehicle drivers in 2018 is also issued in the presence of two witnesses. The inspector must draw up a report indicating that he has been sent for a medical examination. The protocol must be signed by attesting witnesses.

About the protocol for referral for examination

You can read more about the sample referral for a medical examination in this article.

After the procedure for testing drivers for alcohol intoxication at a medical facility, the driver must be accompanied by a traffic police inspector.

If, as a result of the alcohol testing procedure, it is not revealed that the driver is under the influence of alcohol or drugs, State Traffic Inspectorate employees are obliged to deliver the driver to the car from which he was removed from driving.

Medical examination is carried out in health care institutions that have the appropriate license. Only specially trained healthcare workers are allowed to perform the procedure.

If the driver refuses to go to a medical facility to undergo an examination, this is regarded as confirmation of intoxication. The driver does not have the right to refuse the procedure if he is already in a medical facility.

In such situations, he will automatically be deprived of his rights for a period of one and a half to two years and receive a fine of 30,000 rubles . In a medical facility, the driver is also checked using a breathalyzer.

The driver also needs to donate blood or urine for chemical and toxicological studies. The results obtained are indicated in the alcohol intoxication examination report, drawn up in triplicate (for the medical institution, for the traffic police and for the driver).

Changes in the procedure for conducting medical examinations in 2016

In March 2016, Order No. 933N came into force, which specified the new procedure and rules for medical examination. Unpleasant news for those who refuse to be examined by traffic police officers.

Now, when examined in a medical institution, it is mandatory not only to use a breathalyzer, but also to submit biological material (urine, blood) for analysis.

Such a test will also indicate the fact that the driver has used marijuana and other drugs.

The new procedure for medical examination from March 26, 2016 is the same for pedestrians, employees of enterprises, and drivers. The innovations also affected those citizens who take certain medications. Now you can get drunk from drugs.

A positive result is indicated in cases where the driver is taking medications that impair physical and mental functions and entail adverse consequences during actions that are associated with a source of increased danger.

Download Protocol for referral for medical examination

Source: https://roadadvice.club/2936-poryadok-provedeniya-meditsinskogo-osvidetelstvovaniya-sotrudnikom-gibdd

The procedure for testing for alcohol intoxication in 2018

Everyone knows that you should not drive after drinking alcohol. This is dangerous for the lives of not only the driver and his passengers, but also pedestrians.

However, not everyone is aware of how, according to the law, a test for alcohol intoxication should be carried out in 2018, what rights a driver has, and whether it is possible to defend the truth if a traffic police inspector tries to accuse a sober driver and extorts a bribe.

Reasons for testing for alcohol

The actions of a traffic police officer, the grounds for conducting an alcohol test, the procedure - all these aspects are strictly regulated by law. Signs of driver intoxication are prescribed in the rules approved by Government Decree No. 475 of June 26, 2008. Visual detection of one of them is a reason to use a breathalyzer.

The traffic inspector has the right to stop any driver to check documents. At the same time, he may notice that a drunk driver is driving. The reason for this could be:

obvious alcoholic odor from a person;
uncertain movements;
slurred tongue when speaking;
trembling hands;
red face;
inappropriate actions.

Identification of any such sign serves as a reason for examination for alcohol intoxication. Before this, the driver is suspended from driving a vehicle. The same rules will apply not only to motorists, but also to hooligans on the street whose unacceptable behavior gives reason to believe that they are under the influence of alcohol or drugs.

Step-by-step description of testing a driver for alcohol intoxication

The process of “blowing into a tube” is not as simple as many drivers think. Every traffic police officer is required to follow the alcohol testing rules.

It is important to know that witnesses are involved in the case, every action is documented, and video recording is carried out when necessary.

The procedure for testing for alcohol intoxication is largely determined by the previously mentioned rules, and is also partly regulated by the articles of the Code of Administrative Offenses.

Preparation

The examination procedure is preceded by some preparatory measures. Not every driver is aware of how an on-site alcohol test should be carried out, so he is immediately ready to “breathe into the tube.” By law, the verification process is preceded by a number of actions.

Invitation of witnesses.
Preparation for video recording if it was not possible to attract witnesses.
Explanation of the examination procedure.
Familiarize the driver with the device for measuring alcohol vapor and check its serviceability.

The involvement of witnesses is necessary not only during an alcohol test, but also when disqualifying an offender from driving. So says the article. 27.12 of the Code of Administrative Offenses of the Russian Federation. Inviting witnesses has become mandatory since 2014.

Such witnesses can be any persons who are not interested in the outcome of the case and are not related to the driver by family or friendly ties. If the inspector was unable to find any of the witnesses, he can start video recording.

The procedural action of driving suspension is accompanied by the drawing up of a protocol. Here two invited witnesses put their signatures, and the driver then receives a copy of the document.

On-site inspection by a traffic police officer

A traffic inspector can examine the intoxication of a detained driver at the place of arrest if he has a device for determining alcohol in exhaled air.

If such a device is not available, the driver is taken to the nearest traffic police station or sent to a medical facility for examination.

At the same time, not everyone clearly knows whether witnesses are needed during an alcohol examination, despite the fact that this norm is spelled out in the Code of Administrative Offenses of the Russian Federation.

Measurement of alcohol-containing substances is carried out through contact with the device and exhalation of the driver. The result can be viewed in the receipt printed by the device. The value is calculated taking into account the error, while the breathalyzer shows the content of ethyl alcohol in the air volume. The permissible blood alcohol content is indicated by a value not exceeding 0.16 mg/l.

If the initial check carried out during the arrest by the road inspector shows a positive result, then the driver faces liability under Art. 12.8 of the Code of Administrative Offenses of the Russian Federation: a fine of 30 thousand rubles and withdrawal of rights for a period of 1.5 to 2 years.

The fact of the inspection and the result are recorded in a special act.

The detainee has the right to disagree with the result of the check; then, instead of a report, the traffic inspector draws up a protocol on sending him for a medical examination to determine the state of intoxication.

In this case, the driver has a chance to defend the truth, because a secondary check takes place in a medical facility. The traffic inspector releases the witnesses, but accompanies the violator and explains where to get tested for alcohol.

Medical examination

An examination in a medical institution is carried out if:

the driver refused it on the spot;
the driver disagreed with the positive result;
The breathalyzer gave a negative result, but the driver's behavior indicates intoxication.

The procedure for undergoing a medical examination for alcohol is also regulated by the rules approved by Government Resolution No. 475. It takes place on the basis of a protocol previously signed by the police officer and witnesses, which indicates one of the grounds for referral to the procedure.

It is important here who has the right to conduct a medical examination for alcohol, because many believe that this can be done by any doctor.

According to the law, the traffic police inspector must deliver the violator not to any medical institution, but to one that has a license for such actions.

This can be either a hospital or a mobile laboratory with medical staff and equipment. The examination is carried out in one of three ways:

measurement of alcohol vapor in exhalation in 2 stages;
urine test (if drugs are suspected);
blood test for alcohol.

The whole process takes time, but it is worth going through if the detained driver is confident that he is right. After the examination, a medical examination certificate for intoxication is signed. If a negative result is recorded there, the police will be required to escort the driver back to the car and let him go, giving him a copy of the report.

Medical examination report

The current form of the document is applied with the entry into force of Order of the Ministry of Health dated December 18, 2015 No. 933n. A sample medical examination report for intoxication, consisting of 18 points, is filled out by the examining physician (doctor or paramedic).

Download the medical examination report for intoxication (.DOCX)

When is a repeat test for intoxication necessary?

There are situations in life when a secondary examination by doctors reveals signs of intoxication, although the offender is sure that he did not drink alcohol.

Unfortunately, a high level of corruption in authorities can lead to this.

If a person is ready to go to the end, he should be patient, not argue in vain with doctors and inspectors, and go for a second check at some other clinic on his own.

An independent medical examination of the driver for alcohol will indicate the sobriety of the person being tested. After this, you can prepare a package of documents, enlist the help of a lawyer and file a lawsuit.

When considering the case, the judge takes into account how quickly the independent audit was carried out after the first inspection.

As you know, intoxication goes away over time, so it is better to undergo a second examination within a short period of time after the first one.

Punishment for refusing to take an alcohol test

Law enforcement officers and inspectors can stop any road user, and they also have the right to conduct a breathalyzer test if the detainee appears to be drunk.

Moreover, this in no way violates the rights of a citizen. Refusal to test for alcohol intoxication in 2018 will lead to the fact that the test will be entrusted to doctors.

If the driver being checked refuses the check a second time, he will not be checked, but will be punished by law:

Offense	Punishment
Positive result of checks (on site or in the clinic) Refusal of checks Transfer of vehicle to a drunk driver	Fine 30 thousand rubles. and deprivation of a driver's license for alcohol from one and a half to two years
Drunk driver without a license or deprived of a license while drivingRefusal of a driver deprived of a license to undergo checks	30 thousand rubles and imprisonment for a period of 10 to 15 days
Repeated drunk driving	50 thousand rubles and revocation of rights for 3 years

Thus, deprivation of rights for refusing a medical examination for alcohol can easily be earned if you do not agree to undergo a breathalyzer test at a traffic police station, and then refuse to go for a medical examination.

Source: http://voditel.guru/shtrafy/alkogol/medosvidetelstvovanie

Medical examination of drivers: procedure, who conducts it and where

When talking about a routine medical examination, the vast majority of people imagine an examination confirming the suspicion that the driver is intoxicated. However, this procedure has a much wider scope of application.

Anyone who wants to get their driver's license, as well as people who use cars in any professional activity, need to undergo such an examination.

Therefore, every motorist should know what a mandatory medical examination of vehicle drivers is, where and when it is necessary to undergo it.

The state of health must allow the motorist to drive a vehicle

The law states that applicants wishing to obtain a valid driver's license must undergo a medical examination.

This procedure is familiar to any driver, since after its successful completion the person is issued a standard medical certificate, presented at the driving school and the traffic police department.

An ordinary driver who does not use his own vehicle for professional purposes does not need to regularly undergo a routine medical examination. After receiving your first driver's license, a certificate will only be required in the following cases:

Planned replacement of the certificate 10 years after the first issue;
Exchange of a document when new standards are introduced or an international certificate is obtained;
Return of a certificate after deprivation for a certain reason;
Opening of new categories of rights;
Lost document.

But professional drivers are required to undergo a standard medical examination when applying for a job - otherwise the organization does not have the right to let such a person go on a trip. The procedure is performed once, and the certificate is submitted to the employer immediately before the formation of an order to enroll the employee on the staff.

However, the law establishes that an enterprise must develop regulations for undergoing periodic inspections. The maximum period between two inspections is 2 years. The minimum is not limited, however, if the examination upon admission is carried out at the expense of the employee, then periodic examinations are paid for by the enterprise.

Passenger transport drivers have special requirements

It allows you to make sure that an enterprise employee can complete the assigned task without creating a threat to the safety of others.

The examination is also carried out after the flight - it is intended to establish whether the driver did not take any intoxicating substances during the trip and to determine whether his condition has significantly worsened after significant physical and nervous strain.

A private entrepreneur or self-employed person who drives his or her vehicle personally is subject to the requirement to undergo a medical examination of all the types indicated above.

The procedure for carrying out such a standard procedure as a medical examination involves the driver going through three stages.

First, you should go to a municipal clinic or public hospital to obtain a certificate form of the appropriate sample.

The list of doctors whose offices you will have to visit to obtain the document depends on the application to a particular medical institution. According to the law, a full medical examination includes an examination of:

Ophthalmologist;
Neurologist;
Surgeon;
Therapist.

Doctors may prescribe an examination by a pulmonologist and fluorography of the lungs, general tests, and for women a visit to the gynecologist’s office. A medical examination in a similar format can also be carried out in private clinics, but this possibility must first be clarified, since non-state medical institutions are not required to provide drivers with certificates.

Health checks are mandatory for all drivers

A prerequisite for obtaining a certificate is a standard medical examination by a narcologist and a psychiatrist. Previously, such a procedure could be carried out in a regular hospital, but since 2014 this rule has been abolished.

Now examinations by these doctors are performed exclusively in state-licensed dispensaries that provide specialized services. You can get a referral to them at the hospital or check the location of the institutions on the website of the Ministry of Health.

A medical examination is a paid service - its cost varies from 800 to 5,000 rubles depending on the chosen clinic and dispensary - it is worth remembering that periodic examinations are never carried out at the expense of the driver himself.

According to the healthcare law, enterprises involved in the transportation of especially dangerous goods or passenger transportation must create medical offices with professional workers who have received the specialty “Occupational Pathology”. For the driver, the services of the enterprise’s medical personnel should be completely free of charge.

An employee has no right to evade examination, even if he is the manager and owner of the enterprise. The doctor is obliged to make an unbiased judgment about the health of the subject and give a reasoned conclusion.

Based on information from a medical examination, a conclusion can be given about a person’s limited suitability for driving. The document issued to the driver indicates the essence of this restriction - the following notes are the most common:

Driving only with glasses;
Prohibition on driving passenger transport;
Prohibition on professional activities;
Prohibition on the transport of dangerous goods, etc.

There are also cases of a driver being completely unfit to drive a vehicle or go on a flight.

In this case, the person is sent for in-depth examination and treatment, and a certificate is issued only after a positive conclusion is issued during a re-examination.

If the documents are completed correctly, the second copy always remains in the institution or in the medical office of the enterprise, which ensures a quick resolution of disputes with official authorities.

Responsibility

Any person understands that a driver in a state of any intoxication or unable to control his own actions while driving for specific medical reasons poses a threat to public peace or the safety of people around him.

Therefore, current legislation provides for quite serious liability for allowing such a serious violation.

The absence of a routine medical examination in the eyes of law enforcement officers is equivalent to a ban on driving, since the likelihood of contraindications is very high.

However, it is worth remembering that only professional drivers will have to present proof of passing a standard medical examination to the inspector. An ordinary motorist receives a certificate only to obtain a driver’s license.

It is better to obtain a certificate before enrolling in a driving school.

If the driver refuses to undergo a pre-trip inspection or a medical examination after returning from the route, he will have to face a fine of 1000–1500 rubles.

A responsible official (for example, a doctor or director of an enterprise) who allowed an employee to go on a flight without a medical examination must pay a fine of 2–3 thousand rubles. The most severe punishment falls on an enterprise in the form of a legal entity - it will have to transfer 30-50 thousand rubles to state funds.

If responsibility for failure to comply with the law lies directly with a private entrepreneur, he is given the same punishment as a legal entity.

If a driver does not undergo a medical examination before receiving his license, he will not face any penalties.

However, the license will remain with the traffic police department until the candidate is able to provide all the necessary evidence of his health.

Experts recommend obtaining a certificate before enrolling in a driving school, since it is necessary to know about possible restrictions even before paying the tuition fee.

Validity

Very often we hear about the validity period of a standard certificate received by the subject after a medical examination. However, the legislation does not say anything about the duration of the official document when issuing a positive conclusion for the driver.

The doctor has the right to set a date for the next medical examination only if potentially dangerous diseases are detected. Typically, a period of six months to three years is established, during which additional examination will be required.

If the driver’s health is fine, he will only have to undergo periodic medical examinations prescribed by the employer.

When, after a medical examination, the doctor tries to set a limitation on the duration of its validity, you need to remind the employee of the medical institution about the legal norms. Practice shows that the threat of complaining to the Ministry of Health prevents such unlawful actions well.

If the doctor insists on his opinion, do not start a scandal, but politely express your protest. At the reception, find out the full details of the doctor who conducted your medical examination, and then send a complaint to the Ministry of Health.

You can use an electronic application on the organization’s website - lawyers claim that more than 90% of such cases can be resolved in favor of the driver without the slightest effort.

Mandatory procedure

For an ordinary motorist, a medical examination is one of the small episodes of obtaining a license - it usually has to be completed every ten years.

However, professional drivers are forced to visit the hospital regularly, since some employers set the period of periodic medical examination at 2-3 months.

Of course, the company bears the costs, but the procedure itself can be delayed and take more than one day if doctors are very busy.

If we talk about the pre-trip medical examination, it is carried out according to an abbreviated program that takes no more than a few minutes of the driver’s time. However, the presence of health problems or detection of signs of intoxication may result in removal from work and, consequently, deprivation of income.

Source: http://xn—-7sbgb2ddh.xn--p1ai/medicinskoe-osvidetelstvovanie-voditelej.html

On new rules for conducting medical examinations of drivers for intoxication

On March 26, 2016, the order of the Ministry of Health on the procedure for conducting a medical examination for alcohol or other intoxication comes into force, which will affect both car drivers and other citizens sent by internal affairs bodies for this type of procedure. In fact, the adoption of an order means standardization of the procedure and the development of general criteria by which the examination will be carried out.

The adoption of the order is associated with a number of nuances that took place before. In particular, the degree of intoxication for a driver and an ordinary citizen (for example, a rowdy detained by law enforcement officials) was determined according to a different scheme.

In the second case, the total error of the measuring device, which is 0.16 milligrams per liter of exhaled air, was not prescribed in any way.

As a matter of fact, this was motivated by the fact that such persons are detained only if there are external signs of intoxication, that is, when the need for verification is visually obvious.

However, such a scheme left a lot of room for abuse, and its standardization was a matter of time.

A person is sent for a medical examination if one of four criteria is met:

alcoholic breath;
unsure gait;
unclear speech;
change in facial skin color.

Alcohol testing begins with exhalation. The patient is asked to breathe into a device equipped with a special printout function. This device is included in the Federal Information Fund for the Uniformity of Measurements.

If the device does not detect a result, the doctor conducting the examination begins to identify clinical signs of intoxication. If the result is known, then after 15-20 minutes, air is taken again. A result that exceeds the total error of 0.16 mg of alcohol per liter of air exhaled by a person will be considered positive.

However, one exception has been made for drivers whose urine must be taken for analysis after exhaling into the device.

And since some “savvy” drivers carry a jar of urine with them without alcohol in it, doctors, in order to avoid substitution, measure its temperature for 3 minutes.

It is known that “fresh” urine should have a temperature of 32 to 39 degrees. Only such urine is subject to chemical and toxicological examination.

If the driver has problems urinating, then his blood is taken for analysis.

For all other law enforcement offenders who were sent for a medical examination by their supervisor at work or who came on their own, a urine test is performed either if there are three or four signs of intoxication, and also if the device does not detect the presence of alcohol in the body when exhaled.

Let us note that if previously it was possible to undergo a medical examination for alcohol with a referral from the police or court, now, according to the law, anyone can undergo it.

For example, if the employer thought that the employee came in drunk, the latter can independently take a test for the presence of alcohol in the body as proof.

Military personnel suspected of intoxication may be referred to a doctor by commanders. Unemployed people who are sent by the employment service can undergo a medical examination if they suspect that the person came for re-registration while intoxicated.

Narcologists believe that the most important thing in the adopted document is the standardization of research. Now the examination will reveal not only alcohol or drugs in the body, but also medications that can cause impairment of physical functions and mental health. So, if the driver took painkillers the day before, then he is prohibited from driving.

Standardization of research allows you to appeal the doctor’s conclusion in case of violation of the procedure prescribed in the order. This is, of course, a positive point, because until recently, the conclusion of a narcologist was considered the only correct one, even if immediately after it a new test was carried out with a completely different result.

Based on the foregoing, it is clear that the adoption of a new order and standardization of requirements will avoid possible problems and abuses regarding the medical examination procedure.

Video about the nuances of a medical examination:

May be of interest:

Source: http://voditeliauto.ru/novosti/reglament-provedeniya-medicinskogo-osvidetelstvovaniya-na-alkogol.html

Procedure for medical examination of drivers - DRIVE2

Procedure for medical examination of drivers

Question: How does the regulatory act regulate the procedure for conducting a medical examination of drivers of vehicles whom traffic police officers suspect of drinking alcohol while driving?

Answer from auto lawyer Lezin A.V.: This regulatory legal act is the Order of the Ministry of Health of Russia dated December 18.

2015 N 933n “On the procedure for conducting a medical examination for a condition (alcohol, narcotic or other toxic).”

In conflict situations, any motorist can find this order on the Internet and check whether the actions of the traffic police officer and the narcologist complied with its requirements.

Question: What is the purpose of conducting a medical examination?

Automotive lawyer's answer: A traffic police officer is not a doctor. He cannot assert that the driver is intoxicated if the motorist does not agree to undergo a breathalyzer test or does not agree with the results.

In controversial cases, the traffic inspector is obliged to refer the driver for a medical examination to a narcologist. If for some reason the inspector does not want to take you to the doctor, then you must write a written request (for example, a request to be referred to a narcologist) and submit it to the inspector.

Question: Should the organization that conducted the medical examination of the motorist have a license?

Automotive lawyer's answer: Yes. If a car enthusiast has doubts about whether the organization has the appropriate license, he can apply to the regulatory authorities (before considering the case) or petition the court (during the consideration of the case).

In judicial practice, there have been cases when medical examinations were carried out in organizations that did not have a license or other violations occurred. In this case, the proceedings in the case of an administrative offense may be terminated on the grounds specified in Article 24.5 of the Code of Administrative Offenses.

Question: Which specific doctor will conduct the examination?

Automotive lawyer's answer: A psychiatrist-narcologist or a doctor of another specialty (if it is impossible to conduct an examination by a medical specialist, the examination is carried out by a paramedic). This is indicated in paragraph 4 of Order of the Ministry of Health of Russia dated December 18, 2015 N 933n.

These doctors must undergo mandatory training in conducting a medical examination according to the approved program (see Appendix No. 7 to the order of the Ministry of Health of the Russian Federation of July 14, 2003 No. 308 “On medical examination for intoxication”).

Question: On the basis of what document is a medical examination of a driver carried out?

Automotive lawyer's answer: This basis is a protocol on referral for a medical examination drawn up by a traffic police officer.

Question: Can a driver be referred by a traffic police officer to a drug addiction specialist without being offered a breathalyzer examination?

Automotive lawyer's answer: No. The driver can be referred to a doctor only if:

— the driver refused to undergo an on-site examination;

— the driver does not agree with the results of the examination carried out by the traffic inspector;

— the breathalyzer showed nothing, but the traffic police officer still wants to take the driver to a drug addiction specialist.

All these requirements are specified in Article 27.12 of the Administrative Code, paragraph 6 of Order of the Ministry of Health of Russia dated December 18, 2015 N 933n.

Referring a driver to a doctor without taking into account the requirements of the law is a serious violation that may lead to the termination of administrative proceedings.

Question: In what order does the doctor conduct the examination?

Automotive lawyer's answer:

1. First, the Act (document) is partially filled out, which indicates the driver’s personal data.

2. After this, the motorist is asked to take the first breath into the breathalyzer.

3. Next, the doctor is obliged to find out if the person being examined has any complaints, conduct an anamnesis and examination (whether there are signs of intoxication or not)

4. After 15-20 minutes, exhale again into the breathalyzer (if the driver’s first exhalation showed less than 0.16 milligrams of absolute ethyl alcohol per liter of exhaled air, then do not exhale again).

5. Regardless of the results of exhalation into a breathalyzer, a biological object (urine, blood) is selected from the driver for sending for chemical and toxicological studies.

All clauses of the Act must be filled out legibly and reflect all the information provided for in the clauses of the Act. Entries to the Act are made in Russian with ink or a ballpoint pen in blue, purple or black, or using printing devices.

Each page of the Certificate is signed by a medical specialist (paramedic) who conducted the medical examination and is certified by the seal of the medical organization (its separate structural unit), the imprint of which identifies the full name of the medical organization (its separate structural unit) in which the final medical opinion was issued.

The driver must be given one of the copies of the Act.

Question: How should an object (urine, blood) be sent for chemical and toxicological testing?

Automotive lawyer's answer: The referral for chemical-toxicological studies (registration form N 452/u-06) is filled out in the form and in the manner approved by order of the Ministry of Health and Social Development of the Russian Federation dated January 27, 2006 N 40 “On the organization of chemical-toxicological research for analytical diagnostics of the presence of alcohol, narcotic drugs, psychotropic and other toxic substances in the human body.”

In this case, the traffic police officer is issued a certificate certified by the seal of the medical organization and the signature of the doctor, which reflects that, based on the results of the examination, clinical signs of intoxication were found (not found). This means that the medical examination will be completed only upon receipt of the results of a chemical and toxicological study of the biological object.

A copy of this certificate must be given to the motorist. If you are missing any document, you can obtain a copy of it at any time from a medical organization or ask the court to request the necessary documents as part of the consideration of an administrative offense case.

Question: Should the breathalyzer into which the driver exhales meet any requirements?

Automotive lawyer's answer: Yes. It must be verified in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of ensuring the uniformity of measurements. The breathalyzer must also record the results on paper.

In addition, the type of breathalyzer into which the motorist exhaled must be entered into the Federal Information Fund for Ensuring the Uniformity of Measurements.

In controversial situations, a motorist can always send an appeal to the supervisory authorities to check whether the breathalyzer complies with the established requirements.

As part of the consideration of a case of an administrative offense, you can also contact the judge with a written request to send a corresponding request.

If it turns out that the breathalyzer did not meet the above requirements, then the proceedings may be terminated. The grounds for canceling the protocol on an administrative offense and terminating the case are specified in Article 24.5 of the Code of Administrative Offences.

Question: Can a doctor confirm that the driver is sober?

Automotive lawyer's answer: Yes. Based on the study, the following conclusions can be made: the state of intoxication has not been established, the state of intoxication has been established, and he refused to undergo the examination.

Question: In what cases will a narcologist give a conclusion “a state of intoxication has been established”?

Automotive lawyer's answer: Such a conclusion can only be given if a positive result (more than 0.16 milligrams of absolute ethyl alcohol per liter of exhaled air) of the first and repeated examination of exhaled air for the presence of alcohol or if, based on the results of chemical-toxicological studies, one biological object is detected in a sample or several narcotic drugs and (or) psychotropic substances.

Question: In what cases will a narcologist give the conclusion “the state of intoxication has not been established”?

Automotive lawyer's answer: Such a conclusion is made if the first or repeated test of exhaled air for the presence of alcohol is negative (less than or equal to 0.16 milligrams of absolute ethyl alcohol per liter of exhaled air) and the absence of narcotic drugs and (or) psychotropic substances in the biological sample.

Question: Can a driver undergo re-examination if he does not agree with the results of the medical examination?

Automotive lawyer's answer: Yes. In this case, it is necessary to urgently undergo re-examination. The initially issued Act is only one piece of evidence in the case. It has no predetermined force for the court.