Where do the examinations take place? Procedure for medical examination. Procedure honey

Lawyer Maria Obedalova talks about how the examination procedure should take place, its nuances and possible tricks on the part of traffic police officers.

As you know, on August 6, 2010, changes to the Code of Administrative Offenses regarding the permissible level of alcohol in the driver’s blood, or rather its complete absence, came into force. The previously permissible dose of alcohol in the blood of 0.3 ppm has been abolished and now Prohibition law fully applies to drivers.

The adoption of this kind of legislative innovation gave rise to a lot of controversy both before and after its entry into force. Now, after almost a year since the adoption of the innovations, it is time to once again consider in detail the procedure for undergoing an intoxication examination and the most common violations during its implementation.

Absolutely all drivers should remember that the human body always contains so-called endogenous alcohol, which is naturally produced by the body. According to scientists, the amount of endogenous alcohol can vary from 0.008 to 0.4 ppm. For example, the presence of diseases such as diabetes mellitus, chronic obstructive bronchitis, certain diseases of the liver, kidneys, and nervous system can lead to a positive result when taking a breathalyzer test. It is better for drivers with such problems to have a certificate with them, and also be sure to indicate the presence of the disease in the examination report. A doctor's certificate can help the driver in the future if the case goes to court. Drivers who have drunk kvass, kefir, kumiss, ayran, tan or taken medications containing alcohol should drive no earlier than 20-30 minutes after taking it.

If you are nevertheless stopped by a traffic police officer and asked to undergo a test for intoxication, you should not panic, but it is better to simply remember the procedure thoroughly:

• Removal from driving a vehicle;
• Testing for alcohol intoxication by a traffic police officer;
• In some cases - a medical examination.

Removal from driving a vehicle

Before the examination begins, the traffic police officer, in accordance with the administrative regulations of the Ministry of Internal Affairs (clauses 126-127), is obliged to remove the driver from driving the car. Removal is possible only after identifying one or more signs of possible intoxication in the driver, listed in the Decree of the Government of the Russian Federation No. 475: the smell of alcohol on the breath, unsteady posture, speech impairment, a sharp change in the color of the skin of the face, behavior inappropriate for the situation. The reason for the suspension must be reflected in the protocol.

The removal must take place in the presence of two witnesses. At present, despite the recommendations of the traffic police leadership not to involve other police officers as witnesses, there is no direct ban on this.

When you are suspended from driving a car, a protocol is drawn up, which must be signed by the traffic police officer who compiled the protocol, witnesses, and the driver himself.

Inspection by a traffic police officer

Often, traffic police officers conduct an examination for intoxication in violation of the procedure prescribed by law. So, for example, a driver may be asked to undergo an examination without leaving the car, using an already assembled breathalyzer with incorrectly configured readings.

The examination procedure is carried out in accordance with the administrative regulations of the Ministry of Internal Affairs (clauses 129-135). The grounds for conducting an examination for intoxication are the above-mentioned signs, which must be indicated in the protocol.

The examination of a person can be carried out directly at the place of his removal from driving a vehicle or, in the absence of a breathalyzer, at the nearest traffic police post or in another premises of the internal affairs agency where the device is available. It is important to remember that after being removed from driving, the driver can no longer drive and travel to the inspection site must be provided by traffic police officers, and in case of a negative result, travel back.

Before the inspection itself begins, the traffic police officer must tell the driver what he will do and show that he is using a high-quality breathalyzer: attest to the integrity of the state verifier’s mark, the presence of a verification certificate or a verification record in the passport of the technical measuring instrument.

The device must:

• ensure that research results are recorded on paper;
• be approved for use by the Federal Service for Surveillance in Healthcare and Social Development;
• certified by the Federal Agency for Technical Regulation and Metrology;
• the type of device must be included in the State Register of approved types of measuring instruments.

The inspection procedure must be carried out in accordance with the operating instructions for the technical measuring instrument used. In particular, at a certain air temperature (usually not lower than five degrees below zero) and humidity. In addition, the permissible error of the device specified in its passport must be taken into account and included in the inspection report.

Currently, traffic police officers use breathalyzers that have an absolute error of plus or minus 0.048 milligrams per liter of exhaled air.

It should be noted that the instructions for most devices indicate that you cannot take an air sample immediately after eating, smoking or taking medications - all this can lead to an increase in readings, therefore, the traffic police officer should ask how long ago you ate, took medications or smoked. And if you answer that recently, he should wait 20-30 minutes before taking the sample.

Drivers should also pay attention to the most common tricks of the traffic police officers themselves, for example, during passive sampling, when the breathalyzer itself sucks in the surrounding air; it is enough to pour a little alcohol into the patrol car and the readings of the device above 0 ppm are guaranteed. If the driver blows into the breathalyzer through the mouthpiece, then it is enough to drop alcohol inside or even pour it with a syringe into a disposable packaged mouthpiece, and the readings of the device will also increase. In order to avoid the possibility of this kind of trick being used against you, make sure that the clock on the breathalyzer is set correctly and that the breathalyzer takes a control breath of air, during which ask that the device be next to you and with the mouthpiece on it. If alcohol vapor is detected during the test test, the device will be blocked. Witnesses, along with the driver, must be present during the inspection and monitor the correctness of the actions of the traffic police officer.

Upon completion of the study, a paper recording the results of the study and the signature of the driver and witnesses is attached to the alcohol intoxication examination report. Be sure to check the time and readings of the device to ensure that the information on paper corresponds to the result and time that were displayed on the screen.

If the test result is negative, the examination protocol is not drawn up, and the protocol on suspension from driving a vehicle is automatically terminated for lack of grounds. No additional document on cancellation of the protocol is drawn up.

If, based on the results of taking a sample on a breathalyzer, a state of intoxication was detected by a traffic police officer, an inspection report is drawn up. The act is signed by the driver, inspector and attesting witnesses. A copy is given to the driver.

Medical examination

Currently, undergoing a medical examination by a narcologist is not necessary, however, in case of disagreement with the results of the breathalyzer, you can insist on an examination at a medical institution. To do this, you must indicate in paragraph d) of the protocol that you do not agree with the results of the examination and require a medical examination to determine the state of alcohol intoxication.

In this case, it should be taken into account that the referral is also carried out in the presence of two witnesses with the drawing up of a protocol on the referral for a medical examination for intoxication, which is signed by the traffic police officer, the driver and the witnesses. Traffic police officers are required to escort the driver to the place of medical examination at the appropriate medical institution. And if the medical examination does not reveal intoxication, they must escort the driver and back to his car.

Conducting a medical examination in accordance with the administrative regulations of the Ministry of Internal Affairs (clauses 136 -138.2) is possible in three cases:

• if the driver refused an on-site check;
• if the driver does not agree with its results;
• if, despite the “zero” readings of the breathalyzer, the traffic police officer has reason to believe that the driver is drunk.

It should be noted that in the first and second cases the driver must pay for the medical examination, and in the third case the examination for the driver will be free.

A medical examination is carried out by a psychiatrist-narcologist; in rural areas it is possible to conduct an examination by a doctor of another specialty who has undergone special training.

The specific method or medical technology for determining alcohol in exhaled air is determined by the doctor, but in all cases exhaled air is tested for alcohol. The results of testing exhaled air for the presence of alcohol are entered into the Act.

According to Order of the Ministry of Health No. 308, the doctor takes a sample on one or two different breathalyzers and another control sample after 20 minutes. If the device shows a negative result, but the doctor detects the presence of clinical signs of intoxication, a blood or urine test may be taken from the driver to determine the causes of intoxication and the method of alcohol entering the body. The Report must contain a note about the collection of tests or that it was not carried out.

Each medical examination procedure for intoxication is registered in a special journal of a medical organization.

Based on the results of the examination, the doctor issues a conclusion with one of the following wordings:

• state of intoxication has not been established;
• state of intoxication has been established.

At the same time, the indication of the substance (drug) that caused intoxication is not noted in the conclusion of the Act.

Based on the results of the medical examination, the Report is drawn up in three copies, one of which remains in the medical institution, the second for the traffic police officer, and the third for the driver.

If you do not agree with the results of the medical examination, your only option is to go for a repeat examination. The main thing is to do this as quickly as possible so that the clinical condition is as close as possible to the one you had at the time of the primary. Re-examination is not a guaranteed way to avoid punishment. The conclusion made by an independent medical organization will be considered by the court, and only the court will be able to give a comprehensive assessment of it as evidence in the case.

If a traffic police officer, witnesses, or doctor do not comply with the procedure reflected in this article, then you should indicate all violations in the protocol. In addition, you have the opportunity to file complaints with higher authorities or challenge the legality of the procedure and the preparation of protocols in court.

Finally, I would like to say that, despite the fact that “sobriety calculators” are increasingly found on the Internet, where you need to enter your age, weight, gender, indicate the amount and type of alcohol consumed, and the program will tell you when you can get behind the wheel, You can only use such services for fun - the rate of alcohol elimination in people of even similar build can differ significantly and is an absolutely individual indicator for each person.

Memo to drivers:

1. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ.
2. Federal Law No. 169-FZ of July 23, 2010 “On amending Article 19 of the Federal Law “On Road Safety” and invalidating certain provisions of legislative acts of the Russian Federation.”
3. Decree of the Government of the Russian Federation dated June 26, 2008 No. 475 “On approval of the Rules for examining a person who drives a vehicle for alcohol intoxication and recording its results, sending the said person for a medical examination for intoxication, medical examination of this person for intoxication and registering it results and rules for determining the presence of narcotic drugs or psychotropic substances in the human body during a medical examination for the state of intoxication of a person driving a vehicle.”
4. Order of the Ministry of Health of the Russian Federation dated July 14, 2003 No. 308 “On medical examination for intoxication.”
5. Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 No. 185 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety.”

Friends, thanks for the repost

A true car enthusiast is a person who understands his responsibility, one who will never drive while intoxicated. But our reality is such that the number of drunk drivers, despite any laws, is not decreasing. And deprivation of rights for drunkenness (D/D) is an excellent “feeder” for unscrupulous traffic police officers who do not remove a person from control, but release him without medical assistance. examination for a certain amount of money. Driving instructors They will talk about how the medical examination procedure should take place.

If you are suspected

There are quite a lot of holidays in Russia - these include the ten-day New Year holidays, and the rather long May holidays, and even simple weekends are often not complete without alcohol. On such days, traffic police officers do not mind catching a couple of drunk drivers and making money at their expense. But sometimes they stop completely sober motorists.

It’s worth starting with the fact that if your actions are decisive, the traffic police inspector, who stopped you for profit, will “back up” and there will be no examination.

The main task of the driver in a conversation with representatives of the law is to prevent him from committing illegal acts against himself.

And to do this, it is necessary to record on recording devices (using a video recorder, a mobile phone camera or even a voice recorder) all administrative actions performed by a representative of the law.

Divorce method

The main task of an illegal traffic police officer is to confiscate your driver’s license or receive a good bribe so that the driver retains his license. Therefore, a conversation with such an “inspector” usually begins with hints that the driver has been drinking alcohol.

Some people only need to hint at a bribe, and they immediately give it.

It should be?

This is the only correct procedure for testing for alcohol intoxication. This procedure is set out in detail in the Code of Administrative Offenses of the Russian Federation, Art. 27.12 as amended on July 1, 2008. Let's look at it in detail:

1. Drivers who have reasonable grounds to believe that they are intoxicated are subject to a medical examination for intoxication. Such reasons are considered: characteristic odor from the mouth, speech impairment, unstable postures, inappropriate behavior, redness of the face. It doesn’t matter whether one sign or several are observed.
2. The examination can be carried out by officials (traffic police officers for civilian drivers) in the presence of two witnesses.
3. The breathalyzer used during the examination must be verified (have the stamp of a government verifier). The verification is confirmed by a verification certificate or an entry in the technical passport. Also, this measuring device must provide output of the received data on paper.
4. The traffic police officer who conducts the inspection must tell the driver about the procedure for carrying out this procedure and provide information about checking the device.
5. The examination must be carried out in accordance with the operating instructions for the breathalyzer. And “the state of alcoholic intoxication is determined based on the readings of the technical measuring instrument used, taking into account the permissible error of the technical measuring instrument.”

If the driver is drunk, an intoxication certificate is drawn up in the approved form. A sheet with printed research results is attached to the act. A copy of the act is given to the driver against signature.

Medical examination

A medical examination in healthcare institutions can take place in three cases: if the driver refuses to undergo an on-site examination, if the driver disagrees with the results of the study, and if the breathalyzer readings do not correspond to external signs.

When sending for a medical examination, the official draws up a protocol on the referral for examination in the presence of two witnesses. The inspector must also take all measures to establish the driver’s identity.

To carry out this procedure, you need to indicate in the protocol mentioned above that you are against the result of the examination and require a medical certificate because you do not trust the readings of the device

Medical examination in medical institutions has a number of features:

1. The examination must take place in medical centers that have the appropriate license. Mobile medical stations equipped accordingly are also available to carry out the procedure.
2. “A medical examination...is carried out by a psychiatrist-narcologist or a doctor of another specialty (in rural areas...this examination can be carried out by a paramedic) who has been trained in conducting a medical examination.”
3. All results of the examination, which is carried out in accordance with legal acts, are reflected in the medical examination report. The act is drawn up in three copies, one of which is given to the driver, the second to the traffic inspector, the third remains in the medical institution.

Examination for the content of psychotropic and narcotic substances in the human body as a whole is carried out in a similar way.

The presence of prohibited substances is determined in chemical and toxicological laboratories equipped in accordance with the requirements.

As a result

In order to prove that the driver is intoxicated, the inspector is required to draw up certain documents in the presence of witnesses. Well, if the inspector, for his own benefit, decided to “frame” an innocent person, he will not once again create paperwork for himself.

In this case, he will simply “slow down” another car and again try to check its owner for alcohol intoxication.

Therefore, as stated at the beginning of this article, decisive action by the driver will put him in his place.

Let's watch a video on the topic:

Don't get caught in the inspection and good luck on the road!

The article uses an image from the site www.drive2.ru

They will begin to examine not only drivers, but also other citizens.

The Ministry of Health has made an attempt to standardize the medical sobriety examination procedure not only for drivers, but also for all citizens who will be examined compulsorily or on a voluntary basis. The main innovation of the document is that it is the same for everyone.

For this purpose, it was adopted, which will become basic for all citizens, not just drivers who were sent to undergo testing.

How were the different violators examined?

We still have different criteria for the bully. For example, for a hooligan, the total error of the device is not stated: 0.16 mg per liter of exhaled air. And it is unlikely that any doctor will force a violator without a machine to breathe into a breathalyzer tube if there are no clinical signs.

It turns out that the medical sobriety examination system objectively showed the conditions of drivers or citizens in serious condition.

Now the state of alcohol intoxication will be the same for everyone.

New standardized sobriety test procedure. In order for a citizen to be sent for a medical examination, at least one of the four standard criteria indicating a state of intoxication must be present: unsteady posture, unsteady gait, speech impairment and changes in the skin of the face. Of course, in addition to this list, bad breath will also indicate alcohol intoxication.

In all cases, the examination begins with exhalation. The patient will be asked to exhale into a device with a printout function, a special device included in the Federal Information Fund for Ensuring the Uniformity of Measurements. If the device does not show a result, the doctor begins collecting an anamnesis. (a set of information obtained during a medical examination by questioning the person being examined and/or people who know him) and identifying clinical signs of intoxication. If the device shows a result, then after 15-20 minutes the air is taken again. A result exceeding the total measurement error of 0.16 mg of alcohol per liter of exhaled air is considered positive.

According to the new rules, the order of the Ministry of Health noted that exceptions were made for the only category, drivers. Only from drivers suspected of drunk driving, in addition to measuring their exhaled air, a urine sample is taken. She will go for chemical and biological research. If this collection of biological material is not possible, blood will be taken from the subject under study.

For all other groups of citizens, hooligans, criminal elements or people sent from work for a medical examination by management, a biological object is collected in the presence of three clinical signs of intoxication and the absence of alcohol in the exhalation.

According to the order, doctors will also check military personnel sent by commanders. And employment services have the right to send unemployed people who come for re-registration to be checked when there is a suspicion that the person came drunk.

You can come for testing at your own discretion. Before this, such an alternative did not exist. Now it will be possible to legally undergo a second examination, which the court will not have the right to ignore.

After all, now, if a narcologist concluded that the driver was drunk, then the court accepted this as the only correct conclusion. Even if in a short period of time he did another study with completely different results, indicating the absence of his guilt. Now, thanks to standardization, it is possible to appeal the doctor’s decision in case of disagreement, if the procedure prescribed in the order was violated .

In addition to alcohol intoxication, the order standardizes studies that can cause disruption of consciousness and mental functions.