When stopping drunk drivers, police officers are required to draw up a report on referral for a medical examination. However, if the driver agrees with the results of the on-site breathalyzer test, then this document is not necessary. The results of the tester readings are recorded, and a test report is handed. However, lawyers recommend visiting a drug treatment clinic. Unless, of course, there is even the slightest chance of being right.
Alcohol intoxication. Essence of the question
The driver receives a protocol on referral for a medical examination. If it is filled in incorrectly, there remains a chance to avoid punishment. There are many conditions without which the procedure will be considered invalid: the presence of witnesses, video filming, other evidence.
It should be compiled not only a protocol on referral for a medical examination. There are 2 more documents:
- Protocol on the seizure of cars. Transport goes to the parking lot.
- Driving Suspension Protocol. A driver’s license is collected.
Clearance begins at the first suspicion of taking narcotic substances. Alcohol is also a prohibited substance. The basis for compiling the protocol is the presence of signs of intoxication. They are clearly listed in the rules.
Lawyers do not recommend refusing examination. This is tantamount to admitting yourself drunk. It’s definitely necessary to remain without rights. A protocol on referral for a medical examination will be needed even with a negative breathalyzer test at a traffic police inspector. Police officers have the right to additionally examine the driver in the presence of suspicions of his intoxication.
Inspection Procedure
After a referral for a medical examination for intoxication has already been handed over, the police escort the driver to the institution for the procedure. The car remains at the stopping place, or the second inspector can get there with the consent of the owner. However, this is not practiced.
Doctors begin a test for intoxication with the definition of external signs. The following is the test: ethanol vapors are measured, the driver must provide urine at the request of health workers, or they will take blood. The last analysis is needed to identify other drugs.
Air measurements are carried out 2 times with recording the time and tester readings. There are 2 nuances of taking measurements:
- Pairs are fixed on the same device.
- The number of measurements must be 2 times strictly after 20 minutes.
The characteristics of the human body and environmental conditions are taken into account. The concentration of ethanol vapor should exceed 0.16 mg / L. Then alcohol intoxication is present. This rule existed even during the period of the law of zero per mille. But this inconsistency was corrected.
Violation Options
The procedure for conducting a medical examination is strictly regulated by legislative acts. Deviations in the procedure for compiling documents play to the benefit of the offender. A special case is the sentencing of a court refusal to prosecute a driver, whose intoxication was checked by various devices in a medical facility.
A violation is the lack of witnesses in the amount of two people when filling out the act of preliminary examination in place.Instead of their presence, video can be recorded. But often police officers flagrantly violate this requirement, which causes them to lose in court.
A similar result will be in the absence of at least one protocol. The documents must contain the reasons for the suspicion of the employee. The suitability of the tester for taking measurements must be confirmed by a record, its number and date of verification are indicated.
Driver behavior
Before zealous efforts are made to prove innocence, one should be sure that one is not intoxicated. After illegal actions of police officers, the driver has the right to visit an independent examination within 4 hours from the receipt of documents. It is highly recommended to collect all copies of the protocols, a certificate of examination. You also need to carefully check the date and time of its holding.
If inaccuracies are found, you can not put a signature or register disagreement with the data provided. It is possible to challenge a decision already made in court within 10 days. It is better to collect as much evidence as possible of your innocence.