How to test for alcohol intoxication of a driver

The procedure for testing for alcohol intoxication in 2018

Publication date: October 24, 2018.
Category: Automotive equipment.

Cases when a traffic police officer “slows down” a motorist on the road to check his condition in terms of alcohol intoxication (AO) are not uncommon. But not all drivers have the necessary information about their rights and the progress of such a procedure, especially considering that the legal framework changes with enviable regularity. Therefore, it is important to clarify all the nuances of legislation for 2018-2019.

On what basis can an employee of the State Inspectorate stop a vehicle (vehicle) and offer its owner to “blow into a straw”? What protocols and acts should be drawn up in this case? Does a motorist have the right to refuse a medical examination? Let's figure it out.

Basis for the examination

There are certain criteria by which, after stopping a vehicle, a traffic police officer can express doubts about the possibility of the driver consuming “hot” drinks and check it using a device such as a breathalyzer. Here are some of them:

unstable body position;
smell of alcohol vapor from the mouth;
speech dysfunction;
pale complexion or redness;
any strange actions that do not fit the situation.

The sequence of checking a motorist for the use of “strong” drinks

Such a check can be carried out either individually or as part of a special raid. Moreover, it is carried out in accordance with Government Decree No. 475 of June 26, 2008 (as amended on September 10, 2016) and Regulation of the Ministry of Internal Affairs No. 185 of March 2, 2009 (as amended on December 22, 2014). The procedure includes several stages:

First. Removal of a potential violator from driving a vehicle.
Second. Inspection of the condition of the joint stock company (OSAO).

On a note! CIAU is a test for the presence (or absence) of exclusively alcohol (and not drugs) in the body.

Third. Sending a motorist for a medical examination regarding his inappropriate behavior, possibly caused by taking “hot” drinks, drugs or substances that affect the central nervous system (that is, changing a person’s psycho-emotional state).

Removing a motorist from driving a car

After the traffic police officer (according to the traffic rules, clause 2.3.2) has stopped the vehicle, he must do the following:

Introduce yourself and show your official ID.
Explain in an accessible form the reason for the stop.
If the “suspect” exhibits any of the above signs of intoxication, then draw up a Protocol on the removal of a motorist from driving a vehicle in three copies: hand one to the offender, keep the second, and send the third to the archive (Administrative Code, Article 27.12, parts 3, 4) . The document must necessarily indicate the following data: place, time and date of stop; detailed information about the car; grounds for removal; The full name of not only the offender, but also the employee of the State Road Safety Inspectorate, as well as his position.

Important! The motorist has the right to refuse to sign the drawn up Protocol. In this case, the traffic police officer makes a corresponding note in the document being drawn up (Administrative Code, Article 27.12, Part 5).

Invite witnesses (there must be at least two of them), who must certify the execution of the Protocol and all procedural actions performed by the inspector (Administrative Code, Article 25.7, Part 1, 2, 3, 4, 5). Also, as confirmation of everything that is happening, it is allowed to use a video recording made on a special-purpose recording device (Administrative Code, Article 25.7, Parts 2 and 6).
Offer the motorist testing (only after completing the Protocol) using a breathalyzer, that is, go through the CIUL procedure.

On a note! If the traffic police officer does not have a breathalyzer, and there are compelling reasons for the driver to undergo an AO test, then he must invite the potential violator to proceed to the nearest stationary post where it is possible to carry out such a procedure. In this case, the potential violator is obliged to obey and follow the traffic police officer.

CILUMV procedure

If the driver gives his consent to the CILUMV procedure, then its sequence is as follows:

First of all, the inspector must not only describe the upcoming procedure in full, but also demonstrate the breathalyzer itself, which has an intact seal with the stamp of a state verifier (moreover, it must be clearly readable). Also, the device must be equipped with a verification certificate or its technical passport must contain a record of such a procedure.
The device must not be turned on. For the procedure, a disposable mouthpiece, sealed, is used. The package is opened directly in the presence of a potential violator.
If, when you turn on the device for the first time and take in air, a message appears on the display stating that there is no alcohol present, or values such as 0.16 mg/liter (or maybe less), then the data obtained is recorded in a report that is attached to the Protocol, stating the removal of the driver from driving the vehicle. Next, this package of documents is handed over to the driver (there are no complaints against him), and he can continue on his way.

On a note! Russian legislation (Administrative Code, Article 12.8, note) allows the content of a certain amount of absolute ethyl alcohol in the blood of a person driving a vehicle: it is 0.3 grams of alcohol per 1 liter of plasma. This is equivalent to 0.16 mg of alcohol per 1 dm³ (that is, per liter) of air exhaled by the person being tested. By the way, the error of the device must be taken into account.

If the device “signals” the presence of alcohol in the blood exceeding the permissible values, then another test should be required. In this case, you need to replace the mouthpiece with a new one, first turn it off, then turn on the breathalyzer and take air again. By the way, the second procedure is carried out 20 minutes after the first. If this rule is violated, then its results can be challenged in the courts.

On a note! The result that was registered during the second check will be considered the final one. It is printed out (in paper form) in triplicate and attached to each CILUMV act: one set for the violator, the second for the inspector, and the third for the archive. It is extremely important to check the identity of all three executed documents. The fact is that the breathalyzer readings are stored in the device’s memory for a certain time, and the results of a previous positive (in terms of the presence of alcohol) test may be printed out to you by mistake. Be carefull.

If the potential violator agrees with the breathalyzer readings, then the inspector draws up an OSAO act, which is signed by himself, the motorist and witnesses (there must be at least two of them) who control all the actions of the traffic police officer. According to the law, the correctness of activities under CILUMV can be confirmed by video recording.

Important! You must fill out the CILUMV act very carefully and carefully. This is especially true for columns containing numerical indicators: they must be written in capital letters to eliminate any possibility of falsifying data on blood alcohol levels.

If the driver disagrees with the breathalyzer readings and refuses to sign the CAO certificate, then he is sent for a medical examination of the state of intoxication (MOCO), which can take place either in a mobile laboratory or in a stationary medical institution authorized to conduct such procedures. By the way, the driver himself can demand to undergo the MOSO, indicating in the act his disagreement with the results that were obtained during the CILUMV process.

Important! Refusal to pass the MOSO threatens the driver with the fact that by a court decision he may be deprived of his driver’s license for 1.5-2 years plus penalties in the form of 30,000 rubles (Administrative Code, Article 12.26, Part 1). In case of a repeated violation of this kind, you can “receive” an administrative arrest, the period of which can vary from 10 to 15 days, or a fine of 30,000 rubles (Administrative Code, Article 12.26, Part 2).

MOSO procedure

MOCO includes not only testing a person for AO, but also drug or toxicological testing. This procedure is a chance for the driver to avoid deprivation of his license. Features of the MOCO, which are approved by Order of the Ministry of Health of the Russian Federation No. 933n dated December 18, 2015 (came into force on March 26, 2016):

When sending a potential violator to MOSO, the inspector draws up a separate Protocol indicating that the driver has been sent there. The document must be signed not only by an employee of the State Inspectorate and the driver, but also by two witnesses (if they are absent, then the execution of the document is recorded on video).
Traffic police officers are required to accompany a potential violator to the location of the MOSO. By the way, if the motorist is not intoxicated, it is they who must deliver him to the parking lot of the vehicle, having previously issued a document that would confirm the fact that no alcohol was detected in the blood of the “suspect”.

On a note! The driver cannot choose a medical institution to undergo the MOSO. Any dissatisfaction regarding this matter may be considered as a refusal to undergo the procedure.

MOSO is performed either by a doctor or a paramedic who has been specially trained to perform this procedure.

When undergoing a medical examination, there is no need for either witnesses or video recordings.
First of all, MOCO involves testing your breath for the presence of alcohol using a device such as a breathalyzer. If it shows less than 0.16 mg per 1 dm³ of air, then secondary testing is not necessary. The results must be printed and attached to the application for MOCO.
If a positive result is obtained, an additional test is prescribed (20 minutes after the first). If it also shows the presence of alcohol in the blood, then the fact that the motorist is drunk is considered proven.
Simultaneously with the testing described above, the potential violator submits urine for analysis, which is tested in two stages. The first is carried out for 120 minutes exactly where the biomaterial was delivered. If during the research it was not possible to detect prohibited substances (POS) in the urine, then there are no claims against the driver, and he can continue on with his business. If pollutants are present in urine, it is sent to the laboratory for testing.
A blood test is carried out only when the motorist is not “able” to provide urine in the required volume.

Alcohol testing. How should a traffic police officer and a driver behave?

During the holidays, drivers are often stopped to check for alcohol intoxication. For some traffic police inspectors it is a conscientious performance of their duties, for others it is a way to earn money. But both of them must comply with certain rules for the verification procedure. If a sober driver knows them, then he can protect himself from unpleasant consequences in the form of deprivation of his license and large fines.

The main documents regulating the actions of traffic police officers are the Administrative Regulations of the Ministry of Internal Affairs 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 (Articles 126–135) and the Rules for examining the person who drives the vehicle for condition alcohol intoxication and registration of its results, sending the specified person for a medical examination for intoxication, medical examination of this person for intoxication and recording its results.

After the traffic police officer stopped the car and introduced himself, he must explain the reason for the stop. In this material we consider one reason - “testing for alcohol intoxication.” It can be carried out either as part of a special raid or individually.

Reasons for verification

In accordance with the rules, a traffic police officer may have one of five or more reasons to doubt the driver’s sobriety:

smell of alcohol on the breath;
instability of posture;
speech disorder;
a sharp change in the color of the skin of the face;
behavior that is inappropriate to the situation.

Usually a “confidential” conversation begins: “Somehow your eyes are red. Somehow you are driving uncertainly. Did you drink anything before leaving? Did you drink anything strong yesterday?” etc. You should not rely on a friendly tone and start talking about your personal life. If a representative of the law has any suspicions, let him check according to the rules, and not hint at a possible “resolution of the issue on the spot.”

Preparatory stage

1. Before the inspection, the driver must be suspended from driving the vehicle. In this case, a protocol must be drawn up, which indicates: date, time, place, grounds for removal from control, position, special rank, surname and initials of the employee who drew up the protocol, information about the vehicle and the person in respect of whom this security measure was applied proceedings in a case of an administrative offense. When drawing up a document, two witnesses must be present.

2. The traffic police officer is obliged to describe to the driver the entire upcoming procedure and demonstrate a technical measuring instrument (the devices are called breathalyzers or breathalyzers) with an intact seal on which the stamp of the state verifier is read. The device must be equipped with a verification certificate or a verification record in the passport of the technical measuring instrument.

3. During any test for alcohol intoxication, two witnesses must be present.

If you were stopped by a traffic police officer whose goal was to get easy money, then most likely the driver’s requirement to comply with all procedures and his calm, confident behavior should moderate the ardor of the representative of the law.

On-site inspection

The driver can be checked on the spot or, if the inspector does not have the necessary technical equipment, at the nearest traffic police post.

Positive result

If, after completing the procedure, the message “Alcohol content N mg/l” appears on the screen, and the driver is sure that he is sober, it is necessary to request a medical examination. First of all, in the protocol drawn up after the on-site inspection, in paragraph d) you must indicate that you do not agree with the results of the examination and require a medical examination to determine the state of alcohol intoxication. Doctors have more accurate instruments that calculate the measurement error.

A protocol is drawn up regarding the referral for a medical examination, which is signed, among other things, by two witnesses. They must accompany the driver and inspector to the medical facility. Delivery to the medical facility is carried out by a traffic police officer, and if the examination shows the absence of alcohol, then the driver is returned to his car.

The driver must undergo a medical examination where the traffic police officer took him. A request to contact another institution may be interpreted as a refusal to undergo examination.

Some tips and tricks.

There is no need to immediately “blow into the tube” at the first request - ask to follow the procedure.

Do not refuse the procedure for undergoing a medical examination - this will automatically lead to a fine of 30,000 rubles and deprivation of rights for a period of 1.5–2 years (Article 12.26 of the Code of Administrative Offenses of the Russian Federation). The same result will happen if you sign a document refusing to undergo a medical examination.

The driver may refuse the on-site inspection and ask to be sent directly for a medical examination. The results of such an examination are always more accurate.

If the results of a medical examination are in doubt, you can undergo an examination in the next 5 hours at an independent institution that has the necessary licenses for this procedure. The more documents that indicate that the driver did not contain alcohol in his body, the greater the chances of proving that during the initial examination he was not intoxicated.

Recording the inspection process on a video recorder or recording a conversation on a voice recorder can become evidence in your favor.

If you understand that a traffic police officer is scamming you, remember his details and file a complaint by calling the helpline (495) 694-92-29 or through the traffic police website.

So, to check the driver for intoxication in compliance with all procedures, the traffic police officer must draw up several protocols and involve witnesses several times. This should stop the greedy inspector. It will be easier for him to stop the next driver, who, due to his illiteracy, may end up in a setup.