Drug and alcohol testing

On March 26, 2016, the order of the Ministry of Health No. 344n came into force. This document introduced a new certification procedure for drugs and alcohol. Consider further the features of the rules.

General information

The Ministry of Health has developed a new procedure for testing for drugs and alcohol. In accordance with it, in addition to testing for alkatester, laboratory tests are introduced. First of all, they are aimed at identifying drug addicts. Like subjects in a state of intoxication, such persons at the wheel pose a serious danger. In addition, according to the new rules, the doctor can make a medical report on driver drunkenness due to excessive use of drugs. For example, a subject who has taken too much pain medication may pose a safety hazard. When establishing a state of intoxication due to medications, the doctor recognizes the driver as drunk.

What's new in the adopted rules?

The provisions effective since this year are significantly different from the previous ones. Now the state of the subject is divided into the following types:

1. Alcohol intoxication. This condition is caused by drinking alcohol.
2. Drug intoxication. It is provoked by the adoption of funds included in lists I-III of the List of substances whose turnover is subject to control in the Russian Federation.
3. Other toxic intoxication. This condition occurs when using chemicals, including drugs, that can provoke changes in either mental, physiological, or behavioral reactions and functions.

Types of research

The certification process for drugs and alcohol, in accordance with the new rules, involves the following activities:

1. Inspection by a paramedic (medical specialist).
2. The study of exhaled air for alcohol.
3. Determination of the presence, study of the level of psychoactive compounds in the blood and urine.

Reasons for sending the driver for inspection

A medical examination for drugs in the Republic of Kazakhstan and the Russian Federation is carried out if there are certain signs. These include, in particular:

1. Smell of alcohol from the mouth.
2. Speech disorder.
3. Instability posture.
4. Behavior not appropriate to the environment.
5. A sharp change in the color of the skin on the face.

The essence of the procedure

Innovations primarily relate to checking drivers for the presence of alcohol in the body. Today, the procedure is divided into 2 independent stages. At the first, measures are taken at the stopping place of the vehicle by the traffic police inspector. For example, if they suspect, the examination is carried out using a breathalyzer. If the results of measurements reveal that there is more than 0.16 mg of alcohol in the air, the subject will be considered intoxicated. Accordingly, the inspector draws up an administrative protocol. After that, the traffic police officer sends the materials to the court, where the issue of imposing a fine on a person is decided. The second stage involves an examination in a medical institution. As a rule, it is carried out if the driver did not agree to an on-site inspection by the inspector. In addition, the second stage is provided if the citizen does not agree with the results issued by the breathalyzer. If the verification is performed in a medical institution or in a mobile laboratory, the doctor uses a device similar to what the traffic police inspectors take with them. The driver needs to exhale into the tube of the device, which captures the result.After 20 minutes, a second check is carried out. If after the first time the device does not record an increased alcohol content in the air, then you do not need to exhale a second time. If alcohol intoxication is detected, an appropriate conclusion is drawn up. Based on it, the traffic police inspectors draw up a protocol.

Medical Examination: Drugs

After examination of the paramedic (medical specialist), urine is collected. Biological material will subsequently be sent for chemical-toxicological laboratory research. Urine is taken in a disposable special container in a volume of at least 30 ml. The procedure is performed in the toilet room in an environment that excludes the substitution of biological material. To avoid falsification, a temperature measurement is carried out in the first three minutes after selection.

Conclusion

Based on the results of the study, an act of medical examination for intoxication is compiled. Drugs, alcohol or other substances taken by the driver, found in the biological material in the maximum amount allow recognizing the subject as drunk. If the result of the study is negative, that is, the prohibited compounds have not been identified, the person can be free. In conclusion, the doctor may also indicate a refusal to test for drugs.

Effects

If the examination for drugs for violation of traffic rules is positive, the traffic police officer draws up an administrative protocol. It indicates the fact that the driver was driving while intoxicated. The protocol, together with the opinion, is sent to the court, where the issue of depriving a person of the right to drive a vehicle will be decided. A drug test is considered positive if the analysis of biological material reveals:

• 500 nanograms of opiates;
• 25 - canabioids;
• 50- cocaine;
• 500 - barbiturates.

Clinical picture

The doctor who performs the examination, looks at what the subject who is being examined looks like. Drugs contained in the body affect the functioning of several systems. This is manifested by the following clinical signs:

1. Changes in mental activity. Subject aimed at testing for drugs behaves inappropriately. This is manifested in attempts of dissimulation, demonstrative reactions, manifestation of arousal, inhibition, drowsiness. The emotional background of the face is unstable, there is a slowdown or acceleration in the pace of thinking.
2. Changes in vegetative-vascular reactions. In a subject aimed at examination, drug use is manifested by hyperemia or pallor, marbling of the skin, visible mucous membranes, and injection of sclera. Hyperhidrosis or dryness of the integument, slowing or rapid breathing, bradycardia or tachycardia may also occur. In this case, the pupils react poorly to light.
3. Disorders of motor functions. They are manifested in staggering when walking with sharp turns, lethargy or motor agitation, errors in the implementation of coordinating tests, speech disorders in the form of dysarthria, tremors of the hands, tongue or eyelids.

Important point

In situations where the drug test did not reveal the presence of prohibited substances in the body of the subject, however, he behaves inappropriately or the signs indicated above appear, biomaterials are collected to perform more detailed laboratory tests. They can last up to 2 weeks. However, it should be noted that such situations arise quite rarely. As a rule, a drug test confirms the suspicion of the traffic police inspectors in the drunkenness of the driver. In addition, the currently used rapid tests allow you to get a quick and reliable result.

Drug Evasion Evasion: Responsibility

It should be said that the new rules were introduced not only for drivers. In accordance with the law signed by the president, changes were made to articles 6.9 and 20.20 of the Code of Administrative Offenses. From this moment, any citizen can be sent for examination. For refusing to undergo a drug test, a person faces a fine or administrative arrest. The size of the monetary penalty is 4-5 thousand rubles. The duration of an administrative arrest for refusing a drug test is 15 days. In addition, under the new rules, employees of the divisions of the railway, transport security, private security company, departmental security, private detectives, aviation personnel, as well as military personnel are required to visit the appropriate specialist and pass the necessary analyzes. This requirement applies to both those who go to work, and those who undergo an annual examination (medical examination). At the same time, the employer can now dismiss employees who will be found to have prohibited substances in the body, as well as for refusing a medical examination. Drugs negatively affect a person, changing his perception of the environment. This, in turn, can create the risk of industrial accidents.

Reasons to tighten regulations

Over the past few years, the Government of the country, together with the traffic police and other law enforcement agencies, has been trying to deal with drunken faces. This is especially true on the road. Drunk drivers create emergency situations the consequences of which may be the most serious. To prevent them, new rules were introduced, responsibility was tightened. In particular, fines increased, a norm was introduced to return rights after their deprivation, in accordance with which the subject must retake the theoretical exam. In addition, a criminal penalty was introduced for re-driving while intoxicated. Traffic police officers have strengthened driver control measures. In addition to a large number of entities driving after taking alcohol, many citizens drive cars while intoxicated. Meanwhile, the rules that were in force earlier provided for a test procedure only for the presence of alcohol in the body. According to the new order, the traffic police can identify drug addicts. In the presence of at least minimally manifest signs, persons managing the vehicle will be sent for examination to a medical institution.

Normative base

In accordance with Art. December 27, part 1 of the Administrative Code, the subject in respect of which there is sufficient reason to believe that he is in a state of intoxication, is subject to removal from the management of the vehicle until the relevant reasons are eliminated. It should be noted here that this procedure should be carried out in the presence of 2 witnesses or using a video recording of what is happening. The relevant provisions are defined in Art. 25.7 Administrative Code. In particular, in part 2 it is said that the witnesses certify in the protocol the fact of the commission, the content and the results of the procedural actions in its presence. Part 3 of this norm is prescribed to make a note on the participation of third parties in administrative proceedings. Part 6 determines that when using video recording to record the implementation of procedural actions, in addition to personal search, they are committed in the absence of witnesses. An appropriate note is made about this in the protocol or the conclusion of the survey. Video materials should be attached to the drawn up documents. When the driver is removed, when sending him for an examination, a protocol must be drawn up. A copy of it is transferred to the subject in respect of which this measure is applied.

Is it possible to challenge the doctor’s opinion?

This question arises among many drivers, especially those who refused to undergo a survey.A person’s disagreement with the examination is equated with his recognition of his drunkenness. This, in turn, can lead to deprivation of rights up to 2 years. How can one defend one’s interests in such cases? As indicated above, when performing procedural actions, the inspector must draw up a protocol. In accordance with the order of the Ministry of Internal Affairs No. 185 of 02.03.2009, there should be three documents. These are the protocols:

1. On the removal of the subject from the management of the vehicle.
2. On the direction of the face for examination.
3. About the detention of the car.

If a traffic police officer has not issued at least one of them, then this fact will act as an occasion to challenge decisions. In addition, the inspector must explain to the person part 1 Art. 51 Constitution. In accordance with it, the obligation of the subject to testify against his relatives, spouse, as well as himself is excluded. The Code of Administrative Offenses also provides for liability for knowingly false explanations of a specialist, testimony of a witness, expert opinion, incorrect translation during administrative proceedings or in the framework of enforcement proceedings. According to Art. 17.9 of the Code for such actions set a fine. In addition, it should be remembered that under Art. 25.1 h. 1 of the Code of Administrative Offenses, a person has the right to familiarize himself with all the documents drawn up in relation to him, use the services of a lawyer, and file motions. If these rules have not been announced and clarified, this may also affect the proceedings. In practice, there are times when the traffic police inspector does not prosecute the driver, but the passenger of the vehicle. As a rule, in such situations it is better to use the services of lawyers. From March 26, 2016, you can appeal against a doctor’s opinion on the basis of an incorrectly performed examination procedure. In this case, you must go through re-examination by yourself. If the results of the examinations are different, then you can start a dispute in court. Meanwhile, regardless of the circumstances, to prove their innocence is extremely problematic. Experts recommend contacting lawyers for help.

Conclusion

Toughening the responsibility of drivers for drunk driving is aimed at preventing accidents on the roads. Recently, emergencies have been occurring more often due to the fault of motorists who do not comply with traffic rules. At the same time, drug addicts are coming to the fore today. Their behavior on the roads, as well as those of those who drive after taking alcohol, poses a serious threat to traffic safety. The new survey rules are aimed at identifying entities that neglect the requirements of the law. In addition, the rules regarding the behavior of citizens who are not driving have been tightened. When patrolling, law enforcement officers have the right to send any subject whose adequacy is in doubt to be examined. Disagreement with the procedure is fraught with certain consequences for citizens. First of all, rejection of the examination is regarded as a recognition of intoxication. A fine or administrative arrest may be imposed for this. Drivers are threatened with deprivation of rights. The legislation provides a procedure for appealing against decisions and decisions made by the court and the traffic police inspectors. However, the contestation may lead to the cancellation of acts only if the procedure for their execution was not followed or if the information in them does not correspond to reality. In any case, it is advisable to take the help of a qualified lawyer.