Any driver is familiar with a situation when a traffic police inspector suddenly stops on the road and begins to make claims, allegedly a drunk driver. You are aggressively invited to "breathe in the tube", and failure is fraught with detention.
How legitimate are the actions of the representative of the law? What kind of examinations does he have the right to attract you, having suspected drunk driving? What awaits you in case of failure? What is the weight of the results of such a verification legally and how can they be challenged? And what if the inspector is wrong, that is, you are completely sober, but you can’t prove anything to him?
Lovers of indignation and "swinging the law" will have to immediately disappoint. The actions of the representative of the authorities are absolutely legitimate. Moreover, a medical examination (not only for alcohol) is provided for in a number of other situations - from employment to trial, and for a variety of reasons.
What do lawyers say
The examination procedure for intoxication is established by law. By definition, a medical examination is a set of relevant studies and examination methods undertaken to confirm a state of health of a citizen that could lead to legally significant consequences. One of its types is a test for drug, alcohol or other toxic intoxication.
In judicial practice, the state of intoxication of a person plays an important role. We are all used to situations of detecting traces of alcohol in the body of drivers in road accidents. But intoxication is a serious legal factor in the consideration of any offenses.
When someone is held liable for unlawful acts, a drunkenness examination must be carried out and attached to the case. If circumstances so require, even before the court ruling, medical examination is carried out. From a legal point of view, all the results of the examination, as well as other medical examinations, are the basis for the transfer of the case to court.
Who and for what sends for examination?
You can be sent to the institution where the examination takes place by the operational investigative or law enforcement agencies, investigators, the prosecutor's office or a judge. The basis (reason) is a clear smell of alcohol, impaired speech, unstable posture, trembling fingers, redness of the skin, inappropriate behavior.
Officially, the investigator should make a decision on the examination procedure with the involvement of a doctor. The procedure for a medical examination is established by law in an officially approved form.
What is the procedure?
A person gets an appointment in writing, or he is delivered by an employee of law enforcement agencies. The doctor tells the purpose of the parish, for example, to establish or exclude alcohol intoxication, and the situation (prosecution).
An alcohol survey is documented in a protocol where, according to the form, the actions of a doctor, investigator, signs of intoxication and the actual condition of the subject at the time of examination are recorded. All circumstances surrounding the procedure are also entered into it. These include weather conditions, time of day, degree of illumination, instruments and tools used for inspection. An obligatory component of the protocol is an inventory of the seized things and, of course, its results.
The doctor may require a passport or driver’s license of the subject, but even in the absence of documents, he has no right to refuse to be examined. In this case, it will be recorded in the protocol that the citizen’s identity is established from his words or by a law enforcement officer.
Direct examination for intoxication and its result cannot be the reason for the conclusion of guilt. The verdict is based on the results of court proceedings, in which these materials are used.
Who is eligible for this action?
Where to get a medical examination? The right to conduct it is only given to medical institutions that have a specific license. Or it can be done in mobile first-aid posts equipped in accordance with the norms and requirements of the Ministry of Health.
In exceptional cases, far from health care facilities, the examination for intoxication can be entrusted to the paramedic (after special training).
What exactly needs to be identified?
We are talking about the degree of concentration in the blood of the ethanol examined. This indicator is expressed in ppm. For example, 0.5 ppm in each liter of blood indicates 0.5 ml of pure alcohol (ethanol).
An important point: the concentration of alcohol established at a certain moment allows you to calculate it in the blood for another period of time and determine the duration of the final elimination from the body.
Upon verification, an act is issued with its results (strictly in the form of the Ministry of Health) in 3 copies. Each of them must be signed by the examining medical professional and sealed. The first of the copies remains in the medical institution, the second - at the representative of the rule of law, the third is given to the examinee.
Alcohol intoxication may be carried out simultaneously with the procedure for researching biological fluids and the subsequent issuance of a certificate from the laboratory. She is also attached to the final act.
What is medical examination and in what cases is it needed?
Additional studies are used by forensic medicine in cases where routine examination results are not sufficient for judicial proceedings. These may include analysis of biomaterial samples of the person who is held accountable, a procedure for confirming his physical and mental health. A psychiatric examination may be necessary if necessary. This also includes the consideration of material evidence of the investigated object - hair, blood, particles of the skin.
Where is the examination or medical examination carried out? Special forensic institutions are involved in this. There are a lot of methods of medical expertise. The nature of each depends on the specific circumstances of the case.
So, when fighting, you need to establish the type of damage, the sequence of the beatings and the degree of their severity. All this gives the investigator a more complete picture of what happened.
Medical examination for intoxication of drivers of the vehicle
Those drivers who refuse to undergo an alcohol test or who do not agree with its results are sent to it. And also in cases of negative results, but in the presence of obvious signs of intoxication.
Such a referral to a medical organization is issued by the traffic police inspector in the presence of two witnesses. A protocol is drawn up on the fact of the direction, a copy of which is transmitted to the vehicle driver.
Inspection of drivers who are in a helpless state (seriously injured or unconscious), which requires the study of biological fluids, is carried out by an authorized official, according to the results of these analyzes.
Not just alcohol
If you suspect a drug (or other) intoxication of the driver, the doctor must try to determine the type of substance that caused it. Where to get a medical examination in this case?
The presence of drugs or psychotropic substances in the body of a suspect is detected upon referral to a chemical toxicological study in an institution licensed for such activities.
If the driver disagrees with the results of the inspection, an entry is made in the act, the result can be appealed administratively - to make a complaint addressed to the head physician of the medical institution.
Inspection certificate: sample
The results of the examination are drawn up in the form of the relevant act, which relates to medical documentation (accounting form N 307 / y-05). What does it contain?
In addition to general information (full name, age, address and place of work of the detainee), there must be provided information about who and when he was sent to the inspection procedure, indicating the protocol number, the institution where the examination takes place, and the exact time .
The doctor (paramedic), having entered his name in the appropriate column, notes the condition of the patient's appearance (clothing, skin, bruises or injuries, signs of injection). Below is the behavior during examination (aggressive, annoyed, withdrawn, inhibited, tense, drowsy, mood unstable, etc.). The level of consciousness and the degree of orientation in the place and in time, the state of speech (disturbances in articulation, connectedness of presentation, etc.) are determined.
What the act contains
Vegetative-vascular reactions are fixed, special attention is paid to the skin and visible mucous membranes, salivation, sweating. The nature of breathing is noted - slowed or quickened, the pulse and blood pressure are measured, the reaction to the light of the pupils is checked.
The doctor pays attention to the facial expressions and gait of the patient, trembling eyelids and fingers. It reveals signs of neuropsychic abnormalities and injuries. Records data on the last use of alcohol and drugs, on the presence of breath odor and the content of alcohol vapors in exhaled air.
The certificate must include the name of the medical technology, the serial number of the equipment, the result of the study.
The laboratory results of the study of biological samples and the name of the laboratory where the examination is conducted are presented.
At the end, the exact date and time of the end of the procedure, the conclusion, the position of the health worker and his signature with the decoding, the name of the drug treatment institution are affixed.
Other details
The act can be completed on a computer or by hand.
The type of substance that caused intoxication (except for alcohol) is detected by chemical toxicological studies.
A specific biological object and method of research in each case is determined by a doctor or paramedic.
Exhaled air is always examined, regardless of the situation.
In case of refusal of the patient to be examined, this is documented in the protocol, and the act is not drawn up.
If the procedure is completely impossible, and there are objective reasons (to the state of the detainee), they are indicated in detail in the act, for each item.
Medical examination at work
His employer organizes at his own expense, and during the medical examination for the employee, his workplace and average salary are maintained. An employee who has not passed inspection is not allowed to perform labor duties.
By order of the Ministry of Health and Social Development, the procedure for mandatory periodic medical examination (including when hiring) of employees working in difficult or dangerous (or harmful) conditions was approved. These are people employed in underground work, in transport. And also working in children's and medical institutions, in the food industry, catering.
The indicated category of citizens undergoes mandatory medical examinations during employment, as well as regular (up to 21 years - annually) and extraordinary - according to indications.
The procedure for medical examination at work
The employer draws up lists of employees to be inspected. They include those who are exposed to harmful factors, according to a special list. Their presence is determined by the certification of jobs and working conditions.
Approved lists are submitted to the healthcare organization two months before the scheduled inspection. The direction is handed to each employee against signature.
A person is obliged to appear for inspection, according to the schedule, to present an identity document, a referral from the employer, a health passport (if any).
results
An examination is considered completed if the volume of laboratory tests has been fully completed and the conclusions of all specialist doctors have been obtained. At the end of it, a conclusion is drawn up (in 2 copies) and an act in four copies sent to the employer.
When is a psychiatric examination of employees necessary? People involved in certain types of activities are exposed to him, according to the approved list. It is held every five years on a voluntary basis, but in case of refusal to pass it, the employer has the right to prevent such an employee from fulfilling his labor duties.
Other medical examinations
There is such a thing as certification of beatings. This is a procedure for examining a victim for bruises, abrasions, and other injuries. According to the results of the medical report, the doctor describes in detail the condition of the victim.
Such a certificate is usually issued when the victim contacts the police. For example, when initiating a criminal case. The victim may ask for the service on his own initiative, but then the procedure will be paid, and the results will be handed over not to the investigator, but to the customer.
What exactly does the doctor do
The task of the doctor is to determine the degree of harm to health. A survey is not considered an examination. To conduct it, you need to establish the identity of the applicant. Sometimes (in rare cases) a personal examination may be replaced by documentary information, for example, on a medical record.
When examining the beatings, the doctor fixes the severity of the injuries, their location on the body, and a specific name. He has no right to indicate other information. According to the law, an expert assesses the severity of damage based on specific symptoms.
It can take into account one (most significant) sign or several. The conclusion should be as objective and independent as possible.