MY RIGHTS AT ALCOHOL TESTING. WHAT SHOULD WE BE AWARE OF !!!

 

During an on-the-spot inspection by the control authorities, the use of alcohol is established by a technical means.

Establishing the use of alcohol is carried out with an evidence analyzer showing the concentration of alcohol in the blood by measuring it in the exhaled air and reporting the alcohol content in the upper respiratory tract or with a chemical laboratory test.

When drawing up an act to establish an administrative violation for an alcohol concentration of more than 0.5 determined by a technical means, the control body also fills out a test coupon in triplicate, the first of which is provided to the driver, the second is attached to the act, respectively the protocol, and the third remains for reporting.

In the act of establishing an administrative violation, the control body shall enter the time and method of inspection, the type, model, factory number and indications of the technical device. The readings of the technical device are entered in the act of establishing the administrative violation in the inspection ticket up to the second digit after the decimal point inclusive.

In the cases, the person writes in his own hand on the examination ticket whether he accepts the readings of the technical device. Finding with an evidentiary analyst, medical and chemical or chemical-toxicological laboratory testing is not performed when the person accepts the readings of the technical device, and the person is not given a copy of the test voucher.

In the event that the person does not accept the indications of the technical means for establishing the use of alcohol, the person chooses whether the determination should be made with an evidence analyst, or with a medical and chemical or chemical-toxicological laboratory test. If the person refuses to choose one of the two methods of identification, the recorded readings and the technical means are accepted.

The control body hands the person, against signature, the examination voucher, entering:

1. the place where the establishment takes place

2. the time of the appearance - up to 45 minutes, when the violation was committed on the territory of the settlement, in which there is a place to establish with an evidence analyst whether to carry out a medical examination and to take blood and urine for a chemical or chemical-toxicological laboratory examination and up to 120 minutes in other cases.

 The deadline for the appearance of the person is determined by the control authority, depending on the distance to the place for carrying out the establishment with an evidence analyst or the medical examination and taking biological samples for chemical and chemical-toxicological laboratory testing and the possibility of using public or other transport for going to him.

 The person's refusal to fill out whether to sign to receive an examination voucher is established by the signature of one witness.

If the person refuses to receive the test ticket, if the person does not appear in the specified time at the specified place or if the test is refused, the use of alcohol is established based on the indications of the technical device.

When an alcohol concentration of more than 1.2 parts per thousand is detected by a technical means, a police authority takes the person to the place of investigation with an evidence analyst or of a medical examination and taking biological samples for a chemical laboratory test.

The protocol of establishment with an evidential analyst is drawn up immediately after the measurement has been carried out in the presence of the person in respect of whom the establishment is carried out. The person signs the protocol.

 The employee, performing the measurement, enters the result of it in the protocol with accuracy up to the second decimal place inclusive.

 The person's refusal to be identified with an evidence analyst is certified by his signature and reflected by the person performing the identification in the protocol. The person's refusal to sign the prepared research protocol is certified by the signature of one witness.

 The medical examination and sampling for chemical and hematological laboratory research is carried out in the emergency department of the multi-specialty medical facilities for hospital care in the branches of the centers for emergency medical care, which are located outside the regional cities.

 In cases where the person is not accompanied by MIA officials and lacks an identity document, no medical examination is performed and no samples are taken for chemical or chemical-toxicological testing. The indications of the technical means are accepted.

When testing for alcohol use, two blood samples are taken in specially designed vacuum tests, each of which has a volume of not less than 4 ml.

One of the blood samples is kept as a control, and the other blood samples and the urine sample are used for chemical and chemical-toxicological laboratory testing. The collection of blood and urine for alcohol testing is carried out within the time limit specified in the test ticket. If it is impossible for the person to provide a urine sample or if it is objectively impossible to take blood for testing within the specified period, the medical specialist reflects the reasons for the delay, the time of collection. If the person does not show up for the examination, the indications in the coupon are accepted in the examination, the indications of the technical means or the test with which the use of alcohol was established.

 The refusal of the person to be examined is reflected by the medical specialist in the outpatient journal of the medical institution, being certified by the signature of the examined person. The refusal of the examined person to sign the prepared protocol for medical examination is certified by the signature of one witness.

Samples and control samples are stored for a period of not less than 3 months. When ordering a repeat analysis, the control samples are examined.