The “purification” of drivers for alcohol should be carried out twice with an interval of 20 minutes. Why do inspectors not meet this requirement? Is it possible to challenge the deprivation of rights as a result of a breach of procedure?
Anvar, Kazan
The head of the Main Directorate for Road Safety of the Ministry of Internal Affairs of Russia, Police Lieutenant General Mikhail Chernikov, answers questions from readers. |
You have confused two procedures that can be carried out if there are sufficient grounds to believe that the driver is intoxicated, based on Article 27.12 of the Code of Administrative Offenses of the Russian Federation, as well as the relevant rules approved by Decree of the Government of the Russian Federation of June 26, 2008 No. 475.
- The first is alcohol test.
The procedure is carried out by an employee of the National Traffic Inspectorate. The investigation is carried out once directly at the place where the vehicle stops, using technical measuring instruments that record the results of the investigation on paper.
- second procedure – medical examination of the state of intoxication.
The basic difference is that it is performed in properly licensed medical organizations, by a specialist physician. Reasons for conducting a medical examination – driver’s refusal to undergo an alcohol intoxication examination, disagreement with the results, or existence of sufficient grounds to believe that the driver of the vehicle is in is in a state of intoxication, and a negative result of the examination for alcohol intoxication.
In accordance with the procedure for conducting a medical examination of the state of intoxication (alcoholic, narcotic or other poisonous), approved by order of the Ministry of Health of Russia of December 18, 2015 No. 933n, when examining exhaled air For the presence of alcohol, a positive result of examination of exhaled air is the presence of absolute ethyl alcohol in a concentration exceeding the possible total error of measurement, namely 0.16 milligrams per liter of exhaled air.
If the result of the first examination of the exhaled air is positive, a second examination of the exhaled air is performed 15-20 minutes after the first examination.
So if the described conditions and procedure have not been violated, there is no reason to appeal against the court decision.
- These drugs should not be taken by drivers – you could lose your driver’s license!
- “Behind the wheel” can be read in Odnoklassniki.