MY DRUG TESTING RIGHTS. WHAT SHOULD WE BE AWARE OF!!!
MY DRUG TESTING RIGHTS. WHAT SHOULD WE BE AWARE OF!!!
The use of narcotic substances or their analogues is established by using tests, as well as chemical-toxicological studies.
During an on-site inspection by the control authorities, the use of narcotic substances or their analogues is established - with a test.
The test is a means of establishing by chemical or immunoanalytical method the presence of narcotic substances or their analogues in oral fluid (saliva).
In the event that you find yourself in a situation where the control authorities stop you for a check, ask you to give a drug sample, you are obliged to:
- To accurately carry out the orders and instructions given to you by the control authorities, UNLESS they require the commission of an obvious crime or other violation of a legal act or endanger your or other persons' life or health.
Please note that Failure to comply with your instructions, which prevents the test from being carried out, will be considered as your refusal to provide the relevant sample.
When drawing up an act to establish an administrative violation for established use of narcotic substances or their analogues, the control body fills out a research coupon.
The establishment of the use of narcotic substances or their analogues with medical and chemical-toxicological laboratory research is carried out when:
1. the person refuses to carry out a check with a test;
2. the person does not accept the test results;
3. the person's physical condition does not allow a test to be carried out.
The result of the test check shall be filled in a protocol drawn up in triplicate, the first copy remaining for the body that carried out the check, the second attached to the test card, and the third provided to the driver.
The control body hands the person, against signature, the examination voucher, entering:
1. the place where the establishment is to be carried out;
2. the duration of the appearance - up to 45 minutes,
In the event that you refuse to sign/receive the test slip and/or do not appear within the specified time at the specified place, or in case of refusal to give samples for testing, the use of narcotic substances or their analogues will be established ONLY on the basis of the testimony on the test.
If the test performed on you reveals the presence of narcotic substances or their analogues, the police authority will accompany you to the place of medical examination.
Medical examination and sampling is carried out in the emergency departments of the multi-specialty medical facilities for hospital care and in the branches of the emergency medical care centers (EMSC).
The medical examination is carried out by a doctor, nurse, midwife or paramedic, respectively a medical assistant under a strictly defined procedure.
Two blood samples are taken for testing for the use of narcotic substances or their analogues. One of the blood samples is kept as a control, and the other is used for chemical-toxicological laboratory testing.
The blood samples, together with the test coupon and the protocol, are sent for testing in strictly defined laboratories from 1 to 5 days after their collection. The sample, as well as the control sample, are stored for a period of not less than 12 months.
IMPORTANT! Within seven days from the delivery of the criminal decree or from the presentation of the charge for a crime under Art. 343b of the Criminal Code, you may request, at your own expense, a re-performance of a chemical analysis through the proceeding authority, if the 12-month period for which the control sample is kept has not expired.
Adv. Stefani Bistreva - Sofia
mob. +359 877155654
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg