The alcohol intoxication test rules in 2020 allow officials to conduct a blood alcohol test using measuring instruments. During the check, the presence of alcohol vapors in the driver's lungs is established and the state of alcoholic intoxication or its absence is recorded.
It is important to note that the difference in the examination procedure by traffic police officers and medical workers is fundamentally different in the procedure and in the legal consequences of denying or agreeing with the results of such examinations. Let's take a look at how the general drunkenness screening rules have been adopted and what the drunkenness test is.
Procedure and rules of medical examination
Government Decree No. 475 "On Survey" is the main law, according to which the algorithm of the examination procedure in the traffic police is carried out. Grounds for the survey:
- Unnatural driver behavior;
- Strong alcohol smell;
- Unstable driver posture;
- Inarticulate speech;
- Differences in complexion.
After the driver was removed from control vehicle, the traffic police officer is obliged to invite two witnesses. If it is not possible to invite witnesses, the inspector makes a video filming of the scene. When the attesting witnesses do not explain their rights during the examination, they are allowed not to leave a signature in the protocol.
Then, in accordance with the rules for examining a person for a state of intoxication, an examination procedure begins using a special device for measuring alcohol vapors in the air exhaled by a motorist. The check is carried out at the same place where the driver was stopped. In cases where the traffic police officers do not have a breathalyzer with them, the driver is escorted to a nearby traffic police station or to a police station. If, after the examination, it is confirmed that the driver is sober, the traffic police officers undertake to return the motorist back to the place where the car was left.
A citizen checked for alcoholic intoxication must be told the rules for examining a person for intoxication, as well as submit documents for the breathalyzer and show the integrity of the seal.
If the device shows a value higher than 0.16 mg / l, then this will indicate alcohol intoxication of the checked driver.
The inspector enters all the testimony of the breathalyzer into the protocol, after which the driver and the attesting witnesses put their signatures in the document.
The readings of the device are affected by taking medications, smoking or eating food. The traffic police officer undertakes to check with the driver if he took food or medicine in the last hour. In case of a positive answer, it is necessary to wait thirty minutes in order to minimize the influence of the above factors on the readings of the device.
Positive or negative instrument result
If the permissible level of alcohol is exceeded, then the driver has the right to recognize the readings of the device as valid and sign the act, thereby confirming the fact that he got behind the wheel while drunk. Similarly, the information is confirmed by attesting witnesses.
If the permissible norm is exceeded, and the driver refuses to recognize the testimony of the breathalyzer, then the motorist has the right to demand an examination at a medical institution. In this case, the traffic police officer reflects in the protocol that a disagreement was received and the detainee is sent for additional examination.
What happens to the car in the future depends on the person who is indicated in the insurance certificate. If a citizen arrives at the place of detention before the tow truck, the traffic police representative will hand over the keys and allow him to pick up the car. Also, if a drunk driver managed to go through all the procedures, then it is allowed to put him on the passenger seat without a power of attorney.
If the examination takes place in a medical institution, then the doctor checks the driver with a breathalyzer. Twenty minutes after the first check, the driver again exhales air from the lungs into the device. If intoxication is detected, a specialized medical report, on the basis of which the traffic police draw up a protocol.
New rules for the examination of the state of intoxication allow doctors to make an opinion on the condition of a citizen due to excessive use of drugs. According to the new law, a motorist who has taken a large number of pain pills is a hazard on the road... In the event that intoxication is detected due to drugs, then, just as in case of alcoholic intoxication, the driver will be recognized as drunk. Then the inspector draws up an administrative protocol, and then sends the documents to the court.
We are ready to answer your questions - ask them in the comments
On June 27, 2019, a regular meeting of the regional anti-drug commission took place in Kaluga. It was held under the leadership of Deputy Governor Vasily Bykadorov and Head of the Russian MIA Administration for the Kaluga Region Alexander Dedov. The meeting was also attended by the chief federal inspector for the Kaluga region Igor Knyazev. Anticipating the conversation, Vasily Bykadorov recalled that on June 26, the entire world community celebrated the International Day against Drug Abuse and Illicit Trafficking. He noted that yesterday, under the chairmanship of the Minister of Internal Affairs Russian Federation Vladimir Kolokoltsev, a meeting of the State Anti-Drug Committee took place. “The current situation requires strengthening of state control in this area, as well as the adoption of tough and consistent measures in the fight against the drug threat,” emphasized Vasily Bykadorov. The commission discussed the results of work on early identification of consumers drugs in the 2018/19 academic year. According to the relevant ministry, during the reporting period, social and psychological testing was carried out in all organizations of secondary, vocational and higher education, as well as preliminary chemical and toxicological studies as part of medical examinations of students. In total, 49,598 students from educational institutions of the region have passed social and psychological testing. According to its results, 13,474 people were included in the risk group. This is 27% of the total number of those tested. The maximum number of students who passed the test was noted in Sukhinichsky (99.3%), Ferzikovsky (98.5%), Lyudinovsky (93%), Kirovsky (95%) and Khvastovichsky (95%) districts, as well as in Kaluga (94 %). After analyzing the results obtained, the schedules of preventive medical examinations and sanitary-educational work with schoolchildren and students were approved. The regional Ministry of Health carried out chemical and toxicological studies of students educational institutions area on drug use. Revealed 2 facts of the use of narcotic and psychotropic substances. In the new academic year, testing will take into account specific types of drugs trafficked in the region, including synthetic cathinones. In continuation of the meeting, representatives of the Kirovsky, Dzerzhinsky, Ferzikovsky, Tarusa, Duminichsky and Ulyanovsky districts of the region spoke about the results of preventive work carried out on the ground. The commission also considered the experience of the Krasnodar Territory in the control and prevention of cases of acute poisoning from new types of drugs. During the discussion, Alexander Dedov called on the heads of the administrations of the region's municipalities to raise the activities of the regional anti-drug commissions to a new, higher quality level. "Addiction is a threat national security country, therefore it is especially important to reach out to the consciousness of citizens, especially the younger generation, ”said the head of the regional department of the Ministry of Internal Affairs of Russia. Vasily Bykadorov also noted the importance of preventive work. It should be carried out, first of all, by educational institutions and parents. The Deputy Governor recommended that all interested departments more actively introduce new forms and methods of prevention, involve the public, volunteers, Cossacks, clergy representatives and the general population in it. “It is important to pay attention to young people. Prohibitive and punitive measures alone cannot defeat drug addiction. It is necessary to focus on the early identification of drug addicts, on the promotion of a healthy lifestyle and the harm of drugs among adolescents and students. Prevention of drug addiction should be active and comprehensive. Our children are our future. Therefore, let's take care of them not in words, but in allotments, ”the deputy governor summed up.Decree of the Government of the Russian Federation of June 26, 2008 N 475 "On approval of the Rules for the examination of a person who drives a vehicle for the state of alcoholic intoxication and registration of its results, sending the specified person for a medical examination for a state of intoxication, a medical examination of this person for a state of intoxication and registration of its results and the Rules for determining the presence of narcotic drugs or psychotropic substances in the human body during medical examination for the state of intoxication of the person who drives the vehicle "
Examination of the person who drives the vehicle for the state of alcoholic intoxication and registration of its results, sending the specified person for a medical examination for the state of intoxication, medical examination of this person for the state of intoxication and registration of its results;
Determination of the presence of narcotic drugs or psychotropic substances in the human body during medical examination for the state of intoxication of the person who drives the vehicle.
Government of the Russian Federation of December 26, 2002 N 930 "On approval of the Rules of medical examination for the state of intoxication of the person who drives the vehicle, and registration of its results" (Collected Legislation of the Russian Federation, 2002, N 52, Art. 5233);
Clause 128 of the changes that are made to the acts of the Government of the Russian Federation, approved by the Decree of the Government of the Russian Federation of February 1, 2005 N 49 (Collected Legislation of the Russian Federation, 2005, N 7, art. 560).
rules
examination of the person who drives the vehicle for the state of alcoholic intoxication and registration of its results, sending the specified person for a medical examination for the state of intoxication, medical examination of this person for the state of intoxication and registration of its results
(approved by the decree of the Government of the Russian Federation of June 26, 2008 N 475)
1. These Rules establish the procedure for examination for the state of alcoholic intoxication and registration of its results, referral for a medical examination for the state of intoxication, medical examination for the state of intoxication and registration of its results by the person who drives a vehicle of the corresponding type (hereinafter - the driver of the vehicle).
2. The examination for the state of alcoholic intoxication, medical examination for the state of intoxication is subject to the driver of the vehicle, in respect of whom there are sufficient grounds to believe that he is in a state of intoxication, as well as the driver, in respect of whom a ruling has been issued to initiate proceedings on an administrative offense provided for Of the Code of the Russian Federation on administrative offenses.
3. Sufficient grounds to believe that the driver of a vehicle is intoxicated is the presence of one or more of the following signs:
4. Examination of the state of alcoholic intoxication is carried out by officials who have been granted the right state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, and in relation to the driver of a vehicle of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, troops civil defense, engineering and technical and road-building military formations at federal bodies executive power - also by officials of the military automobile inspection in the presence of 2 attesting witnesses.
5. Examination for the state of alcoholic intoxication is carried out using technical measuring instruments that ensure the recording of the results of the study on paper, approved for use by the Federal Service for Supervision in Healthcare, attorneys in the established manner by the Federal Agency for Technical Regulation and Metrology, the type of which is included in the state register of approved types of measuring instruments (hereinafter - technical measuring instruments).
6. Before the examination for the state of alcoholic intoxication, an official who has been granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, or an official of the military automobile inspection informs the examined driver of the vehicle about the procedure for examination using a technical measuring instrument, the integrity of the stamp state auditor, the presence of a certificate of verification or a record of verification in the passport of a technical measuring instrument.
7. When conducting a survey for the state of alcoholic intoxication, an official who has been granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, or an official of a military automobile inspection takes a sample of exhaled air in accordance with the instruction manual for the used technical measuring instrument ...
8. The fact of the use of substances causing alcohol intoxication is determined by the presence of absolute ethyl alcohol in a concentration that exceeds the possible total measurement error, namely 0.16 milligram per one liter of exhaled air.
9. The results of the examination for the state of alcoholic intoxication are reflected in the examination for the state of alcoholic intoxication, the form of which is approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Health of the Russian Federation. A paper medium with a record of the research results is attached to this act. A copy of this act is issued to the driver of the vehicle, in respect of which the examination for the state of alcoholic intoxication has been carried out.
If the driver of the vehicle refuses to undergo the examination for the state of alcoholic intoxication, the examination for the state of alcoholic intoxication is not drawn up.
C) if there are sufficient grounds to believe that the driver of the vehicle is intoxicated, and the negative result of the examination for the state of alcoholic intoxication.
11. The direction of the driver of the vehicle for a medical examination of the state of intoxication in medical organizations is carried out by an official who is granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, and in relation to the driver of a vehicle of the Armed Forces of the Russian Federation, the Ministry internal affairs of the Russian Federation, civil defense troops, engineering and technical and road-building military formations under federal executive bodies - also by an official of the military automobile inspection in the presence of 2 attesting witnesses.
On referral to a medical examination for a state of intoxication, a protocol is drawn up on referral for a medical examination for a state of intoxication, the form of which is approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Health of the Russian Federation. A copy is given to the driver of the vehicle who is sent for a medical examination for intoxication.
12. An official who is granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, or an official of the military automobile inspection is obliged to take measures to establish the identity of the driver of a vehicle sent for medical examination for intoxication.
GOVERNMENT OF THE RUSSIAN FEDERATION P O S T A N O V L E N I E dated June 26, 2008 N 475 Moscow city On the approval of the Rules for the examination of the person who manages vehicle, intoxicated and registration of its results, sending the specified person to medical examination for the state of intoxication, medical examination of this person for the condition intoxication and registration of its results and the Rules for determining the presence of narcotic drugs or psychotropic substances in the human body during medical examination for the state of intoxication of a person who driving a vehicle dated 10.02.2011 N 64; dated 04.09.2012 N 882; dated 18.11.2013 N 1025; dated 09/10/2016 N 904) In accordance with article 27.12 of the Code of Administrative Offenses of the Russian Federation, the Government of the Russian Federation shall: 1. To approve the attached: Rules for the examination of the person who drives the vehicle for the state of alcoholic intoxication and registration of its results, the direction of the specified person for a medical examination for the state of intoxication, medical examination of this person for the state of intoxication and registration of its results; 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 who drives a vehicle. 2. To declare invalid: Decree of the Government of the Russian Federation of December 26, 2002 N 930 "On the approval of the Rules of medical examination for the state of intoxication of the person who drives the vehicle, and the registration of its results" (Collected Legislation of the Russian Federation, 2002, N 52, Art. 5233); clause 128 of the changes that are made to the acts of the Government of the Russian Federation, approved by the Russian Federation of February 1, 2005 N 49 (Collected Legislation of the Russian Federation, 2005, N 7, Art. 560). 3. This resolution comes into force on July 1, 2008. Prime Minister Of the Russian Federation V.Putin __________________________ APPROVED government decree Russian Federation dated June 26, 2008 N 475 P R A V I L A examination of the person who drives the vehicle means for the state of alcoholic intoxication and registration its results, referral of the specified person to a medical examination for the state of intoxication, medical examination of this person for intoxication and registration of its results (As amended by decrees of the Government of the Russian Federation dated 10.02.2011 N 64; dated 04.09.2012 N 882; dated 18.11.2013 N 1025; dated 09/10/2016 N 904) I. General Provisions 1. These Rules establish the procedure for examination for the state of alcoholic intoxication and registration of its results, referral for a medical examination for the state of intoxication, medical examination for the state of intoxication and registration of its results by the person who drives a vehicle of the corresponding type (hereinafter - the driver of the vehicle). 2. The examination of the state of alcoholic intoxication, medical examination of the state of intoxication is subject to the driver of the vehicle, in respect of whom there are sufficient grounds to believe that he is in a state of intoxication , as well as the driver, in respect of whom a ruling was made to initiate an administrative offense case provided for in Article 12.24 of the Code of Administrative Offenses of the Russian Federation. (As amended by the Decree of the Government of the Russian Federation of 18.11.2013 N 1025) 3. Sufficient grounds to believe that the driver of a vehicle is intoxicated is the presence of one or more of the following signs: a) the smell of alcohol from the mouth; b) unstable posture; c) speech impairment; d) a sharp change in the color of the skin of the face; e) behavior that does not correspond to the situation. II. Examination for the state of alcoholic intoxication and registration of its results 4. Examination of the state of alcoholic intoxication is carried out by officials who have been granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, and in relation to the driver of a vehicle of the Armed Forces of the Russian Federation, troops of the national guard of the Russian Federation, civil defense troops, engineering and technical and road-building military formations under federal executive authorities - also by officials of the military automobile inspection in the presence of 2 attesting witnesses. dated 09/10/2016 N 904) 5. Examination of the state of alcoholic intoxication is carried out using technical measuring instruments that ensure the recording of research results on paper, permitted for use. Federal Service for Surveillance in Healthcare, verified in the prescribed manner by the Federal Agency for Technical Regulation and Metrology, the type of which is entered in the state register of approved types of measuring instruments (hereinafter - technical measuring instruments). (As amended by decrees of the Government of the Russian Federation dated 10.02.2011 N 64; dated 04.09.2012 N 882) 6. Before the examination for the state of alcoholic intoxication, an official who has been granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, or an official of the military automobile inspection informs the examined driver of the vehicle about the procedure for examination using a technical measuring instrument, the integrity of the stamp state auditor, the presence of a certificate of verification or a record of verification in the passport of a technical measuring instrument. 7. When conducting a survey for the state of alcoholic intoxication, an official who has been granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, or an official of a military automobile inspection takes a sample of exhaled air in accordance with the instruction manual for the used technical measuring instrument ...8. The fact of the use of substances causing alcohol intoxication is determined by the presence of absolute ethyl alcohol in a concentration that exceeds the possible total measurement error, namely 0.16 milligram per one liter of exhaled air. (As amended by the Decree of the Government of the Russian Federation of 18.11.2013 N 1025) 9. The results of the examination for the state of alcoholic intoxication are reflected in the act examination for the state of alcoholic intoxication, the form of which is approved by the Ministry of Internal Affairs of the Russian Federation in agreement with. A paper medium with a record of the research results is attached to this act. A copy of this act is issued to the driver of the vehicle, in respect of which the examination for the state of alcoholic intoxication has been carried out. (As amended by decrees of the Government of the Russian Federation of 10.02.2011 N 64; of 04.09.2012 N 882; of 18.11.2013 N 1025)If the driver of the vehicle refuses to undergo the examination for the state of alcoholic intoxication, the certificate of examination for the state of alcoholic intoxication is not drawn up. (Supplemented by Resolution of the Government of the Russian Federation of 18.11.2013 N 1025) III. Referral for a medical examination intoxicated 10. A driver of a vehicle is subject to a medical examination for a state of intoxication: a) upon refusal to pass the examination for the state of alcoholic intoxication; b) in case of disagreement with the results of the examination for the state of alcoholic intoxication; c) if there are sufficient grounds to believe that the driver of the vehicle is intoxicated, and the negative result of the examination for the state of alcoholic intoxication. 11. The direction of the driver of a vehicle for a medical examination for the state of intoxication in medical organizations is carried out by an official who has been granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, and in relation to the driver of a vehicle of the Armed Forces of the Russian Federation, troops of the national guard of the Russian Federation, civil defense troops, engineering and technical and road-building military formations under federal executive bodies - also by an official of the military automobile inspection in the presence of 2 attesting witnesses. dated 09/10/2016 N 904) On referral for a medical examination for a state of intoxication, a protocol is drawn up on referral for a medical examination for a state of intoxication, the form of which is approved by the Ministry of Internal Affairs of the Russian Federation in agreement with. A copy of the protocol is given to the driver of the vehicle, who is sent for a medical examination for the state of intoxication. dated 04.09.2012 N 882) 12. An official who is granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, or an official of the military automobile inspection is obliged to take measures to establish the identity of the driver of a vehicle sent for medical examination for intoxication. Information about the absence of documents from the driver of the vehicle, subject to medical examination for the state of intoxication, as well as about the official source of information, with the help of which, in this case, the official who has been granted the right of state supervision and control over the safety of movement and operation of the vehicle of the corresponding type, or an official of the military automobile inspection established the identity of the driver of the vehicle, indicated in the protocol on the direction for medical examination for the state of intoxication. IV. Drunkenness medical examination in healthcare organizations and registration of its results 13. Medical examination for the state of intoxication is carried out in medical organizations licensed to carry out medical activity indicating the relevant works and services. 14. Medical examination for the state of intoxication is carried out both directly in medical organizations and in mobile medical centers specially equipped for this purpose, corresponding to the established Ministry of Health of the Russian Federation requirements. (As amended by the Decree of the Government of the Russian Federation of 04.09.2012 N 882) 15. A medical examination for the state of intoxication is carried out by a psychiatrist-narcologist or a doctor of another specialty (in rural areas, if it is impossible to conduct an examination by a doctor, this examination is carried out by a paramedic) who have been trained in conducting a medical examination for the state of intoxication of vehicle drivers. 16. The determination of the state of intoxication is carried out in accordance with the regulatory legal acts Ministry of Health of the Russian Federation. (As amended by the Decree of the Government of the Russian Federation of 04.09.2012 N 882) 17. The results of the medical examination for the state of intoxication and laboratory tests are reflected in the act of medical examination for the state of intoxication, the form of which is approved Ministry of Health of the Russian Federation. (As amended by the Decree of the Government of the Russian Federation of 04.09.2012 N 882) 18. The act of medical examination for the state of intoxication is drawn up in 3 copies, signed by the doctor (paramedic) who conducted the medical examination for the state of intoxication, and certified by the seal with the name of the medical organization and the name of the department in which the examination was carried out. If the inspected driver of the vehicle does not have identity documents, the doctor (paramedic) makes an entry in the certificate of medical examination for the state of intoxication, containing information about the official source of information with which the identity of the inspected is established. The first copy of the act of medical examination for the state of intoxication is issued to the official who delivered the driver of the vehicle to the medical organization, the second copy of the act is kept in the corresponding medical organization, the third copy of the act is issued to the driver of the vehicle, in respect of which a medical examination for the state of intoxication was carried out. 19. Each procedure of medical examination for the state of intoxication is registered in a special journal of a medical organization, the form, procedure for maintaining and storing which is determined Ministry of Health of the Russian Federation. (As amended by the Decree of the Government of the Russian Federation of 04.09.2012 N 882) 20. If the driver of the vehicle is in a helpless state (severe injury, unconsciousness, etc.) and in order to make a conclusion about the presence or absence of a state of intoxication, special laboratory tests of biological fluids are required, an act of medical examination for the state of intoxication with a protocol of referral for a medical examination for the state of intoxication, drawn up by an official who has been granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, or by an official of the military automobile inspection, is filled out upon receipt of the results of these studies, which are reflected in the act. The original of the certificate on the results of laboratory studies, certified by the signature of the specialist who conducted the study, is attached to the second copy of the certificate of medical examination for the state of intoxication. The first copy of the certificate of medical examination for the state of intoxication is handed over to an official who is granted the right of state supervision and control over the safety of movement and operation of a vehicle of the corresponding type, or to an official of the military automobile inspection, or is sent by mail to a body that has been granted the right of state supervision and control over the safety of movement and operation of a vehicle of the appropriate type, or a military automobile inspection. The second copy of the act is kept in the relevant medical organization, the third copy of the act is issued to the driver of the vehicle, in respect of whom a medical examination for the state of intoxication was carried out. ___________ APPROVED government decree Russian Federation dated June 26, 2008 N 475 P R A V I L A for determining the presence of narcotic drugs or psychotropic substances in the human body during a medical examination for the state of intoxication of the person who controls vehicle (As amended by the Resolution of the Government of the Russian Federation dated 04.09.2012 N 882) 1. These Rules establish the procedure for determining the presence of narcotic drugs or psychotropic substances in the human body during a medical examination for the state of intoxication of the person who drives the vehicle. 2. Determination of the presence of narcotic drugs or psychotropic substances in the human body is carried out on the basis of a referral for chemical and toxicological studies issued by a medical worker conducting a medical examination for the state of intoxication of the person who drives the vehicle. 3. Determination of the presence of narcotic drugs or psychotropic substances is carried out in the chemical and toxicological laboratories of medical organizations licensed to carry out medical activities with an indication of the relevant works (services). 4. The results of chemical and toxicological studies in determining the presence of narcotic drugs or psychotropic substances are drawn up by a certificate of the results of chemical and toxicological studies, the form and instructions for filling out which are approved by the Ministry of Health and Social Development of the Russian Federation. 5. A certificate of the results of chemical and toxicological studies shall be attached to the second copy of the certificate of medical examination for the state of intoxication of the person who drives the vehicle. 6. The procedure for conducting chemical and toxicological studies, reporting forms, timing of chemical and toxicological studies, as well as the procedure for organizational and methodological support for conducting chemical and toxicological studies are determined Ministry of Health of the Russian Federation. (As amended by the Decree of the Government of the Russian Federation of 04.09.2012 N 882) ___________
The basic document of this chapter is the Government Decree No. 475 of 06/26/08, which approved the "Rules for the examination of the person who drives the vehicle for the state of alcoholic intoxication and the registration of its results, the direction of the specified person for a medical examination for the state of intoxication, the medical examination of this persons on the state of intoxication and registration of its results ”. Further in this chapter "Rules".
For starters, don't confuse the drunkenness test with the medical examination. The first is carried out by the inspector on the road, the second - by the doctor in the office.
Before the examination, the inspector draws up a "Protocol on suspension from driving a vehicle" (Article 27.12, Clause 1 and Clause 3 of the Administrative Code) in the presence of two attesting witnesses (Article 27.12, Clause 2 of the Administrative Code). Insist on drawing up this protocol in order to enjoy all the rights granted to you by Article 25.1 of the Administrative Code (see Explanation of Your Rights). First of all, this is the help of a defender, who needs to be called immediately (see The right to a defender).
Before drawing up the protocol, the inspector must establish one or more signs of intoxication specified in clause 3 of the Rules:
a) the smell of alcohol from the mouth;
b) unstable posture;
c) speech impairment;
d) a sharp change in the color of the skin of the face;
e) behavior that does not correspond to the situation
All available signs will be indicated in the survey certificate. The fewer these signs, the better. Pay attention to the witnesses that the missing signs were not recorded in the act. If there are no signs at all, then the survey is illegal.
For the examination, the inspector politely in the presence of two attesting witnesses (Article 27.12, clause 2 of the Administrative Code) will ask you to blow into the device, having previously told you and the attesting witnesses what exactly and in what sequence he will do, what results he should get in order to establish the fact of intoxication.
The technical means for measuring the level of ethyl alcohol in the exhaled air must have the following documents - clause 5 of the Rules:
1. Resolution Federal Service for supervision in the field of health care for the use of this type of device.
2. Certificate of verification from the Federal Agency for Technical Regulation of Metrology (or a mark on verification in the passport, clause 6 of the Rules).
3. Certificate of entry of this type of devices into the State Register of approved types of measuring instruments.
I will add that there should be instructions (clause 7 of the Rules). Immediately find the device error in it (clause 8 of the Rules); temperature range when it can work, for example, from -5 ° to + 40 ° C, if it is very cold outside, or, conversely, very hot; and also check the time between measurements if the previous driver passed the examination directly in front of you.
Require these documents without fail before certification. Otherwise, the survey can be carried out by an unknown device with a large error. Pay attention to the understood names of the device down to individual letters, dashes and dots. Compare the spelling of the type on the instrument with the type indicated in the documents.
Check the integrity of the state auditor's stamp (seals) - clause 6 of the Rules. The stamp imprint is given in the verification certificate.
The inspector should only use sterile mouthpieces. Be careful! The inspector is obliged to open the mouthpiece in front of your eyes and in front of witnesses. A used mouthpiece is a source of infection. The trick with a drop of alcohol in the mouthpiece used to be done with "pipes of sobriety". Now, an attempt to inject alcohol with a syringe into a bag with a mouthpiece will lead to the device simply going off scale and giving an error. But just in case, check the smell from the opened bag. If in doubt, ask your inspector to turn the instrument off and on again after attaching the mouthpiece to the instrument. At this moment, the device performs a test sampling from the air and checks its performance. If there are alcohol vapors on the tube, the device will notice it.
The device is equipped with a mini-printer - clause 5 of the Rules to immediately attach the results of the survey to the act and protocol. If the printer is not built into the instrument but is connected to it with a separate cable, make sure the cable is connected before starting the survey. Otherwise, the data from the previous examination of a drunk driver may remain in the device, and after connecting the printer, it will print exactly this data, and not yours. You should immediately check the inspection times shown on the printout and compare the serial number on the printout with the serial number on the back of the instrument.
Although the Rules do not provide for the presence of memory in the device, but for the purpose of fighting corruption, it exists in the device, saving all the samples that the inspector made. It is assumed that the number of samples with an alcohol content higher than 0.15 mg / l in exhaled air should coincide with the number of protocols drawn up.
"The presence or absence of a state of alcoholic intoxication is determined on the basis of the indications of the used technical measuring instrument, taking into account the permissible error of the technical measuring instrument", - clause 8 of the Rules. “For example, [margin of error] 0.05 milligrams per liter. Let's say the device shows 0.15, as expected. This means that according to the error, the person is not intoxicated. That is, he will be considered in a state of intoxication only when the device shows 0.2 mg per liter of exhaled air ", - interview with V. Kuzin in ITAR-TASS on 19.06.08.
The average error for the instruments with which the inspectors are "armed" is 10%. This means that in order to establish the fact of intoxication, the device must show 0.166 mg / l, if the scale allows displaying three figures after the decimal point, or 0.17 mg / l, if two figures after the decimal point.
Be sure to receive a copy of the certificate of examination (Article 27.12, clause 7 of the Administrative Code) with the signatures of the attesting witnesses and a printout of the results of the examination.
If the state of intoxication is established, and you agree with it, the inspector will draw up a protocol under Article 12.8 of the Administrative Code and send the car to a fine parking lot.
If you do not agree, ask for a referral for a medical examination. This is your right - Article 27.12 Clause 1 1 of the Administrative Code, and write your disagreement both in the protocol and on the printout.
The examination must be carried out on the spot - the Code of Administrative Offenses does not provide for any arrests or deliveries, because no offense has yet been identified. If you were escorted to the post without your consent, and you will be able to prove this later, then the transmission will be recognized as illegal, as will the subsequent examination. Likewise, if you were made to wait until a technical device was brought up, and you would be able to prove it. It is best to call 02 right away - see Detention for unpaid fines on the road. In this case, pay attention of the attesting witnesses to the exact indication of the time and place in the protocol on the suspension from driving a vehicle, in the certificate of examination and in the protocol on the results of the examination (either the protocol according to Article 12.8, or the protocol on the direction for a medical examination).