The purification of drivers suspected of alcohol intoxication involves two separate procedures, each with its own timing and purpose. The question often arises why the second stage is not always conducted with a 20‑minute interval, and whether a challenge to the deprivation of rights is possible when procedure rules were not followed.
This clarification differentiates two distinct procedures that may be used if there are grounds to suspect intoxication. These procedures are established under Article 27.12 of the Code of Administrative Offenses of the Russian Federation, alongside the rules approved by the Government Decree of June 26, 2008 No. 475.
- The first procedure is an alcohol test conducted directly at the scene, typically by an employee of the National Traffic Inspectorate. The process is executed once at the location where the vehicle stops, using technical measuring instruments. The outcomes are recorded on paper as part of the official documentation.
The second procedure is a medical examination to determine the driver’s state of intoxication. This examination takes place in licensed medical organizations and is carried out by a qualified medical professional. It is employed when the driver refuses to undergo the alcohol intoxication test, disputes the test results, or there are sufficient grounds to suspect intoxication despite a negative test result.
According to the procedure for conducting the medical examination of intoxication states (including alcohol, narcotics, or other poisonous substances), approved by the Ministry of Health of Russia on December 18, 2015 No. 933n, the exhaled air is tested for the presence of alcohol. A positive result is defined as absolute ethyl alcohol concentration in the exhaled air that exceeds the allowable total error of measurement, specifically 0.16 milligrams per liter of exhaled air.
If the first exhaled air test yields a positive result, a second exhaled air test is performed 15–20 minutes after the initial test. This interval is intended to verify the initial finding and reduce the likelihood of a false positive due to measurement error or transient factors.
When the described conditions and procedures are properly followed, there is generally no grounds for appealing against a court decision tied to these procedures. The overall framework ensures that both testing and subsequent medical assessment are conducted with oversight and clear reference to the formal requirements.
It is important to note that drivers should not consume medications or substances that could impair driving ability, as this could lead to consequences including license suspension. In any case, the process is designed to protect road safety while upholding individuals’ rights through structured, legally defined steps.
Public awareness resources such as official traffic safety announcements and medical guidelines provide further explanations on how these procedures are applied in practice and what to expect if a driver finds themselves subject to testing at the roadside.