Gaz

Deprivation of rights for residual alcohol. External signs of alcohol intoxication are clearly specified in the law. Mild alcohol intoxication

In accordance with the Internal Labor Regulations, plant employees are required to observe labor discipline. In addition, according to the internal order “On preventing the appearance on the territory of the plant with signs of alcohol intoxication” dated December 26, 2008 No. 1149/24, workers were informed that once the fact of alcohol consumption is established on the basis of an examination at the regional drug treatment clinic, violators will be deprived of at least 100% production bonus. The following situation arose: an employee who was heading to the workplace with residual signs of alcohol intoxication (with the smell of fumes) was detained by security with suspicion of alcohol intoxication. By order of the workshop, the employee was suspended from work and within two hours was sent to a drug dispensary, where during an examination “the fact of alcohol consumption was established, no signs of intoxication were found, he was sober.” A copy of the medical examination report dated January 7, 2005 No. 189 to establish the fact of use of a psychoactive substance and state of intoxication is attached. Is it possible to deprive an employee of a monthly production bonus and is it possible to apply disciplinary punishment to the employee - a reprimand?

The procedure for applying disciplinary sanctions to employees is determined by Articles 147–151. In particular, for violation of labor discipline, only one of the following penalties can be applied to an employee: rebuke or dismissal. Disciplinary sanctions are applied only by the body that is granted the right to hire (elect, approve and appoint) this employee. Disciplinary action is applied immediately after the misconduct is identified, but no later than one month from the date of its detection, not counting the time the employee is released from work due to temporary disability or being on vacation. However, disciplinary action cannot be imposed later than six months from the date of commission of the offense. Before applying a disciplinary sanction, the owner or his authorized body must request a written explanation from the violator of labor discipline. For each violation of labor discipline, only one disciplinary sanction can be applied. When choosing the type of penalty, the owner or his authorized body must take into account the severity of the offense committed and the damage caused by it, the circumstances under which the offense was committed, and the employee’s previous work. The penalty is announced in an order (instruction) and communicated to the employee against signature.

Thus, the legislation does not make the application of a disciplinary sanction dependent on the fact that a person is brought to responsibility of a type other than disciplinary responsibility. This fully complies with the requirements of Article 61 of the Constitution of Ukraine, according to which no one can be brought to legal liability of the same type twice for the same offense. The legal responsibility of a person is individual.

In accordance with Article 2 ( Further- Law No. 108) bonuses related to the performance of production tasks and functions are additional wages for the employee. According to Article 15 of Law No. 108, the conditions for the introduction and amounts of bonuses, including those related to the performance of production tasks and functions, are established by enterprises in a collective agreement in compliance with the norms and guarantees provided for by law, general and sectoral (regional) agreements. If a collective agreement has not been concluded at the enterprise, the owner or a body authorized by him is obliged to coordinate these issues with the elected body of the primary trade union organization (trade union representative), representing the interests of the majority of workers, and in its absence - with another body authorized for representation. Specific amounts of bonuses to employees are established in accordance with the conditions and in the amounts determined by the collective agreement of the enterprise or other document agreed upon in the above order.

In the situation cited by the correspondent, an employee at the beginning of the working day was detained on the territory of the enterprise with residual signs of alcohol intoxication and was subsequently sent to a medical institution for an examination to determine his state of intoxication. At the end of the Protocol of the medical examination to establish the fact of the use of a psychoactive substance and the state of intoxication dated January 7, 2005 No. 189, it was noted that at the time of the medical examination the employee was sober, but the fact of his consumption of alcohol was established. Such an entry in the medical examination protocol, taking into account the time elapsed from the moment the employee arrived at the enterprise at the beginning of the working day and until the moment of examination in a medical institution using technical means, gives the enterprise the right to consider that at the beginning of the working day the employee arrived at the enterprise in a state of alcohol intoxication, from which he emerged a few hours later, i.e. at the time of the medical examination. In addition, in accordance with the order of the enterprise “On preventing the appearance on the territory of the plant with signs of alcohol intoxication” dated December 26, 2008 No. 1149/24, an employee should be deprived of a bonus for the fact that he consumed alcohol, established in a medical institution.

Thus, in the situation cited by the correspondent, the enterprise has the right to simultaneously apply the following measures of influence to the employee:

bring to disciplinary liability, reprimanding for failure to fulfill the obligation established by clause 3.1 of the Internal Labor Regulations of the plant’s employees, expressed in failure to comply with order No. 1149/24 dated December 26, 2008, or dismissing for appearing at work in a drunken state in accordance with clause 7 of Article 40 of the Labor Code;
deprive all or part of the bonus for the fulfillment of production tasks in the relevant period for which the bonus is calculated and paid (for example, a month, quarter, six months, a year), provided that in this period the fact of appearance on the territory of the enterprise with residual signs of alcohol intoxication was revealed, in accordance with the conditions bonuses for fulfilling production tasks approved and operating at the enterprise in accordance with Article 15 of Law No. 108;
do not apply to the employee in accordance with Article 151 of the Labor Code within a year from the time the reprimand is announced, incentive measures, which are considered:

any incentive measures determined by the internal labor regulations of the enterprise’s employees in accordance with Article 143 of the Labor Code;
state awards, departmental or regional distinctions and enterprise distinctions;
awards on the occasion of state, anniversary, professional and other holidays;
other remunerations and incentive payments that are one-time in nature and carried out by the enterprise in accordance with the terms of their payment, approved and in force at the enterprise in accordance with Article 15 of Law No. 108.

In addition, in accordance with Article 46 of the Labor Code, such an employee must be suspended from work for appearing at work while intoxicated, and in accordance with Article 113 of the Labor Code, the time of such suspension from work for the employee not paid.

Vladimir Los

The problem of alcoholism in Russia, unfortunately, does not lose its relevance today. The reasons for this negative phenomenon include the general availability of strong drinks, the inability to consume them wisely, and the special mentality of our people. Those who like to drink and are not aware of the future consequences often have to face difficulties in the social sphere. Especially when it comes to performing official or professional duties.

Offense Act: Why is drunkenness punished?

The act of alcohol intoxication (a sample document will be presented below in the text of the article) is the first real problem that the drinker will have to face. When drawing up a document against an official at the workplace, the drunkard faces dismissal or at least disciplinary action. Drunk driving is also punishable by law - it results in the violator being deprived of his driver's license, a huge fine, and in some cases, administrative arrest.

When driving a vehicle, a drunk driver loses the ability to react to the road adequately and immediately, which creates a danger for himself and other road users. A person who has all the main signs of alcohol intoxication is also unable to perform his usual work, control his actions and bear responsibility for them, and therefore deserves the application of appropriate educational measures in relation to himself.

Protocol on employee intoxication as a reason for dismissal

Even if a person has become a victim of biased accusations against him, the first thing he should do is to become familiar with the legal relationship that arises between him and a superior person (a representative of a government body) in the event of being at the workplace or driving a car while intoxicated.

The head of the institution has the right to draw up a report on the employee being in a state of alcoholic intoxication and dismiss the “negligent” employee in cases where the culprit was discovered while drinking alcoholic beverages:

at work;
in the territory adjacent to the company;
at the branches of the enterprise.

In what cases is the execution of an act not a reason for dismissal?

When registering an employee being intoxicated, the time of the incident plays a big role. As a rule, an employee who is “tipsy” and noticed outside of his work shift does not face dismissal; in most cases, the matter ends with a warning from management.
An act for performing official duties while drunk is also not drawn up if:

employees of the enterprise carry out their activities overtime;
the employee drank alcohol before working hours and was not allowed to perform work duties;
the drunk is a minor employee of the enterprise - the manager has the right to dismiss the violator, subject to obtaining permission from the state labor inspectorate;
a drunk employee is a pregnant woman, the mother of a child under 3 or 6 years old, the mother of a disabled person or raising a child as a single mother.

At first glance, the situation is absolutely paradoxical, and instead of receiving legal punishment for violations, such people will be able to avoid dismissal even if they regularly drink alcohol at work. Citizens who do not fall into the above categories will have to answer to the fullest extent of the law for the offense committed.

The main signs of intoxication

As soon as the administration of the institution becomes aware of the fact of a violation on the part of an employee, a protocol is drawn up, which also contains signs of alcohol intoxication. They are of fundamental importance for the act and bringing the perpetrator to justice.
Obvious manifestations of a person’s intoxication include:

alcohol odor from the mouth;
unsteadiness and instability of movements, postures, gait;
changes in speech;
facial redness;
inappropriate behavior.

How to correctly draw up a report of drunkenness?

If there are all or several signs of alcohol intoxication (for the act, attention is most often focused on the presence of “fumes” when breathing and speaking of the drunk), the employee is sent for a medical examination of the fact of intoxication. In addition, for the preparation of the protocol, it is equally important:

indication of the exact name of the document and organization;
clarification of the time and place of the incident;
violator data
information about witnesses, at least two;
explanations of the offender or recording the fact of refusal to provide explanations.

Consequences in the workplace

The signs of alcohol intoxication for the act should be described in detail, with all possible details. This is especially important if a drunk employee refuses to undergo a medical examination procedure. In this case, the testimony of witnesses and the description of signs of alcohol intoxication for the act will play a decisive role.

To begin the dismissal procedure, an order is issued, the basis for which must be a medical report. At the same time, signs of alcohol intoxication for the act (the sample document has a standard form) and the consideration of the case by a special commission do not play a determining role.
The medical report indicates the employee's blood alcohol level. If, according to the results of the inspection, it significantly exceeds the norm, the outcome of the case is clear - dismissal with the corresponding entry being made in the work book.

How are drivers punished for drunk driving?

If the person guilty of drunkenness at work faces dismissal, then the law provides for more severe punishment for violating road users. The Code of Administrative Offenses states that if you drive a car while intoxicated, traffic police officers will be forced to fine the driver 30,000 rubles and deprive him of his driver’s license for up to 2 years. If a repeated offense is committed, the amount of the monetary penalty increases to 50,000, and the period of deprivation of the right to drive increases to 3 years.

In addition, it is worth paying attention to the procedure for measuring blood alcohol levels. In our country, up to 0.3 ppm is considered the norm. External signs of alcohol intoxication for an act drawn up by traffic police officers are the same manifestations described above. In their absence, law enforcement officers do not have the right to force them to undergo an examination procedure.

Blood alcohol content and signs of intoxication: what's the difference?

By the way, if the driver is confident in his innocence, but the inspector still continues to insist on his accusations, the best decision would be to agree to conduct an examination on the spot.
The fact is that the only evidence that a person is clearly drunk can only be an excess of the normal level of ethyl alcohol in the blood. You need to pay attention to the following points:

The smell of alcohol, or what is popularly called “fumes,” can remain for 24 hours after drinking strong drinks. However, this does not always mean that a person is drunk.
When taking medications that contain alcohol, the driver may also smell like alcohol. If their use is not prohibited for persons driving a car, there is nothing to worry about.

Alcohol testing: examination for drivers

A traffic police officer has the right to draw up a report on the driver’s state of intoxication only after receiving the results of an on-site examination. The procedure is carried out in the following order:

In the presence of witnesses, the person accused of driving while intoxicated is removed from the car.
To record the results and record the research, a special technical device is used, the type and number of which is included in the federal register of approved types of measuring instruments. Before carrying out the examination, the driver has every right to demand that the inspector provide permitting documentation for the device.
Afterwards, the traffic police officer demonstrates to the person being examined and the witnesses the integrity of the meter’s mark and the readiness of the device for the procedure, and introduces the procedure for conducting the examination, regulated by the relevant regulatory legal act of the Ministry of Internal Affairs.
The presence or absence of a critical blood alcohol content is determined based on the readings of the device that examined the exhaled air. The use of modern breathalyzers allows an error of around 0.1 ppm.

Features of bringing the offender to justice

When confirming the driver's drunken state, the inspector draws up an inspection report, which is signed by all participants in the process. If the guilty person disagrees with the results of the inspection, a corresponding entry is made in the document, and the offender himself is sent to undergo a mandatory medical examination. The conclusion of the examination, which took place within the walls of a specialized institution, is the main documentary evidence of signs of alcohol intoxication of the driver and the basis for bringing him to legal responsibility.

Without waiting for the results of the relevant checks, a traffic police inspector who suspects a driver of intoxication has the right to order the evacuation of his car to an impound lot. It is not uncommon for law enforcement officers to charge a driver who drinks alcohol in a parked car. By the way, a driver can be called a person who controls a vehicle, and not just who is inside it.

A citizen fired from a job or deprived of a driver's license due to drunkenness has the right to appeal the relevant decision in court. Case law knows many examples where those accused of drunkenness managed to prove their innocence, after which they were resumed in their previous position at the same workplace. In some cases, employees sought compensation for moral damages.

The state of alcohol intoxication is characterized by severe intoxication of the body. It manifests itself most clearly after drinking large amounts of alcoholic beverages. This is a temporary condition, which is accompanied by a violation of the psychological and physiological functions of the body. Human behavior and reactions change. Signs of alcohol intoxication are subjective, but some of them are common to all drinkers.

About the pathological condition

A condition in which vegetative, mental and neurological disorders occur due to alcohol consumption is called alcohol intoxication. It is the result of the influence of the breakdown products of ethyl alcohol on the human body. These toxic substances negatively affect the entire human body in general and the central nervous system in particular. A drunk person is no longer able to control himself. The severity of this condition depends on individual tolerance to alcohol and the amount drunk.

Alcohol is absorbed in all parts of the gastrointestinal tract, from the moment it enters the oral cavity and ending with the small intestine. The highest concentration of ethanol in the blood is observed an hour after drinking an alcoholic drink. With the blood flow it spreads throughout the body and penetrates all its tissues. It is broken down in the liver through various enzymes. Ethyl alcohol is excreted through urine, sweat and exhaled air.

Pathological behavioral reactions and other negative manifestations are the result of the effects of ethanol on the cerebral cortex. Since the vasomotor and respiratory centers are affected, after drinking alcohol, reflexes weaken, the heartbeat quickens, and breathing changes. In most cases, alcohol intoxication is indicated by three signs: unsteady gait, bad breath, and slurred speech.

Alcohol has a detrimental effect:

on the heart and blood vessels. Alcohol abuse increases the risk of alcoholic cardiomyopathy, arrhythmia, vascular blockage and other pathologies of the cardiovascular system;
organs of the gastrointestinal tract (GIT). Toxic breakdown products of alcohol irritate the mucous membrane of the digestive organs, disrupting this process. Patients with alcoholism often suffer from gastritis and ulcers.
liver. Alcohol causes necrosis of liver tissue. The destructive process also occurs after a person stops drinking alcohol. With alcoholism, patients may suffer from fatty hepatosis and cirrhosis of the liver.
genitourinary system. Ethyl alcohol partially settles in the kidneys, accumulates in sperm and testicles, which reduces reproductive ability and potency.

The negative effect of alcohol on the central nervous system manifests itself in behavioral disturbances

Degrees of severity and their signs

External signs of alcohol intoxication depend on the amount of alcohol consumed and the strength of the alcoholic beverage. The general condition of the human body and individual characteristics of the perception of alcohol also play an important role in what manifestations may occur during alcohol intoxication. Elderly people and teenagers are more likely to get drunk from strong drinks.

All signs of intoxication from alcohol are grouped according to the severity of this condition, there are three of them - mild, moderate and severe. In addition, severe poisoning and alcoholic coma are distinguished separately. This classification is based on the amount of ethanol in the blood. In mild cases, it ranges from 20 to 100 mmol/l. To achieve a state of mild intoxication, 2-3 glasses of alcohol are enough.

The following are its characteristics:

redness of the facial skin from a rush of blood;
increased excitability;
cardiopalmus;
absent-minded attention;
uncharacteristic liveliness and wit;
elation and slight euphoria;
sparkle in the eyes;
blurred vision.

With mild intoxication, sexual desire and appetite increase. The duration of this state is 3–5 hours, after which the person becomes sleepy and falls asleep deeply. After waking up, there is no hangover or headache. This is due to the fact that a mild degree of intoxication is characterized by the psychotropic effects of alcohol rather than the toxic ones. All a person’s memories of what happened are preserved in full.

The average severity of alcohol intoxication is characterized by a combination of toxic and intoxication manifestations. Among the signs, symptoms of central nervous system disorders predominate. The average degree is determined by the presence of ethyl alcohol in the blood from 100 to 250 mmol/l. The following manifestations are observed:

slurred and slow speech;
difficulty finding words;
inappropriate and impulsive behavior;
impaired coordination of movements;
inability to accurately make small movements;
shaky and uncertain gait;
sweeping and intermittent movements;
difficulty in external perception;
disturbed orientation.

With such a degree of intoxication, a person’s self-esteem unreasonably increases with a sharp decrease in his critical attitude towards himself. Mood fluctuations are observed, a person can be in a state of euphoria and at the same time sharply show irritability, dissatisfaction and resentment. Depressive feelings are again replaced by a feeling of euphoria. After intoxication, a person falls asleep and after waking up, some episodes that occurred while intoxicated fall out of memory and are forgotten. The next morning, severe intoxication appears, and performance is reduced.

Severe alcohol intoxication is diagnosed when the blood contains ethyl alcohol in an amount of 250 to 400 mol/l. In this state, the ability to orient is almost completely lost and numerous disturbances in the vital systems of the body are observed. The person is unable to react to people, he is very inhibited and does not understand what they are saying to him, and he himself cannot explain anything.

The intoxication effect is long-lasting and lasts for several days.

The characteristic features of this degree are as follows:

inability to stand on your own feet;
significant difficulties in speech and facial expressions;
dizziness;
complete lack of appetite;
nausea and vomiting;
disturbances of consciousness;
urinary and fecal incontinence;
decrease in body temperature below normal;
amnesia.

Physical manifestations of this degree of alcohol intoxication include: rapid heartbeat, decreased blood pressure, and increased sweating. With such symptoms, serious complications can develop. A severe degree of intoxication is dangerous because a person can fall into a coma. This is especially true for those who drank a very large dose of alcohol for the first time.

The degree of intoxication is determined by the amount of alcohol in the blood

Signs of pathological intoxication

According to the form of manifestation, alcohol intoxication is divided into:

to depressive. An intoxicated person develops an obsessive idea of suicide. In this case, the help of a specialist is required;
dysphoric. A person in a state of intoxication develops inexplicable fear and panic, and is suddenly overcome by an irresistible melancholy;
hysterical. It is more common in women and is characterized by increased conflict;
hebephrenic. An adult in a state of intoxication begins to behave like a child. At the same time, he shows aggression if this fact is pointed out to him.

Pathological forms include epileptoid and paranoid alcohol intoxication. The first is characterized by sharp changes in prostration and excitement. Its main signs are anger and aggression, inappropriate behavior. The consciousness of the intoxicated person is not impaired. The paranoid form of intoxication is distinguished by the fact that a person becomes paranoid and sees a danger to himself in everything. Gradually, he is overcome by uncontrollable horror and hallucinations appear.

Alcoholic coma is also a severe form of intoxication. It is accompanied by such manifestations as: loss of consciousness, increased pulse rate, constriction of the pupils, severe vomiting. Against the background of a low temperature, sweat appears on the patient’s forehead, and the skin of the face turns blue. During a deep coma, the pulse and pressure drop to a critical level, all life processes slow down, and the person may die.

Alcoholic coma - extreme degree of intoxication

Necessary manifestations for drawing up an act

Alcohol lovers often face difficulties both in everyday life and at work. So, if an employee is confirmed to be intoxicated at the workplace, then this threatens him with disciplinary action or even dismissal. Drunk drivers driving vehicles pose a danger to others. Therefore, traffic police officers have the right to stop suspicious drivers and check them for alcohol intoxication.

This right is clearly stated in the law. It is also indicated that when such violators are identified, an alcohol intoxication certificate is drawn up. Identification and testing is carried out on the following points: external symptoms, breath analysis and blood test for the presence of alcohol. In some cases, to identify residual alcohol metabolites in the body, it is necessary to take a urine sample.

Examination of alcohol intoxication is enshrined in law

The main signs of intoxication are: slurred speech, inappropriate behavior, smell of alcohol on breath, unsteady gait. Therefore, identification is carried out precisely according to these indicators. The following fields are filled in in the inspection report:

Date and place of inspection.
Full name, position and type of unit of the person drawing up the act.
Information about the person being examined (full name, place of work, date of birth and place of residence, telephone number).
Signs of intoxication.
The exact start time of the examination.
The device used to perform the procedure.
Percentage of detection of ethyl alcohol in human exhaled air.
Confirmation or refutation of the fact of alcohol intoxication.

The examination process must take place in the presence of 2 strangers - witnesses. A copy of the report with the results is given to the person in respect of whom the procedure was carried out. At the same time, he must indicate whether he agrees or not with the presented results and sign the document.

Alcoholism- a progressive (progredient) disease that develops in connection with long-term abuse of alcoholic beverages with the formation of a pathological attraction to them, which is caused by mental and then physical dependence on alcohol. Alcoholism can occur without psychosis and with the appearance of psychotic episodes of varying psychopathological structure and duration. The cause of psychosis can be both alcohol intoxication itself and metabolic disorders due to liver pathology. Alcohol intoxication can become a provoking factor for the development of endogenous psychoses. In later stages, dementia of the organic type develops.

Alcohol intoxication

Alcohol intoxication is manifested by mental, somatic and neurological disorders. Their severity depends both on the dose of alcohol, its strength, and on the rate of absorption from the gastrointestinal tract, on the person’s condition, and the body’s sensitivity to alcohol. Absorption of ethanol occurs in the gastrointestinal tract, intestines (small). Rich foods, especially those rich in fat and starch, slow down absorption. Drinking alcohol on an empty stomach speeds up this process. Sensitivity to ethanol increases with fatigue, fasting, lack of sleep, hypothermia, and overheating. Children, teenagers, and the elderly are especially sensitive to alcohol. Much depends on the activity of enzymes that break down alcohol. With their genetically determined low activity and low content of such enzymes in the blood (for example, low levels of alcohol dehydrogenase in the peoples of the Far North), extreme intolerance to alcohol is expressed, so that moderate doses can lead to a life-threatening coma.

Degrees and signs of alcohol intoxication

Depending on the severity of the condition, three degrees of intoxication are distinguished, each of which is characterized by its own signs of alcohol intoxication.

Mild alcohol intoxication causes euphoria with a feeling of contentment, comfort; ease of communication and talkativeness appear. Signs of mild alcohol intoxication: facial expressions become more animated, gestures and movements are impetuous, sweeping, but less precise. Attention is easily distracted, the quality of work that requires special concentration deteriorates; however, people in this state do not notice this, they even overestimate their capabilities. The somatic state also changes, facial hyperemia and tachycardia appear, appetite increases, and sexual desire intensifies. After 3-5 hours lethargy and drowsiness sets in. The entire period of intoxication is subsequently remembered well, there are not even mild mnestic disorders.

Average degree of intoxication characterized by pronounced neurological stigmas. Signs of moderate alcohol intoxication: slurred speech (dysarthria), unsteady, shaky gait, ataxia symptoms are detected. The finger-nose test is performed with obvious misses. Nausea or vomiting may occur. Euphoria can be replaced by embitterment. It is difficult to attract attention, although orientation in the surroundings is preserved. Excitement gives way to deep sleep, followed by weakness, lethargy, and headache. Some events from the period of intoxication are later recalled unclearly.

Severe degree of alcohol intoxication It is diagnosed when signs of depression of consciousness appear, which increase from severe stupor to stupor and coma. When stunned, the ability to stand on one's feet is lost (ataxia), amia is noted, and severe vomiting occurs, which is dangerous due to the possible aspiration of vomit. Urinary and fecal incontinence may occur. The limbs are cyanotic and the body is cold. As the deafness increases, unintelligible muttering can be observed, which is then interrupted by individual shouts. Stunning turns into stupor, in which it is not possible to awaken the intoxicated person even with the help of ammonia, and sometimes this irritant causes a negative grimace and groans. In the same way, stupor turns into coma when the reaction of the pupils to light and the corneal reflex disappear, breathing becomes difficult, and the pulse is weak. After awakening (sobering up), no memories remain (amnesia of the period of intoxication), asthenia, weakening or loss of appetite persists.

With a mild degree of intoxication, the concentration of alcohol in the blood ranges from 20 to 100 mmol/l, with a moderate degree - from 100 to 250 mmol/l, with a severe degree - from 250 to 400 mmol/l and above.

Pathological state of alcoholic intoxication. This condition is defined as an acute transient psychosis that develops following alcohol consumption, most often in small doses, and occurs in the form. Beginning acutely, pathological intoxication ends either in sleep or in severe mental and physical fatigue (asthenia), up to the development of prostration with indifference to oneself and to everything that happens. The entire period of psychosis is completely amnesic. The structure of the developing one may be different. Sometimes you can talk about simple things (see Chapter 13 “”). Detachment from the environment arises, behavior is outwardly ordered, but its individual elements are automated; such people are detained only when they attract attention with their unusual appearance or cause surprise by some unusual action that is striking. In a number of cases, in a state of pathological intoxication, productive symptoms of psychosis are expressed - motor agitation, affect of fear, delusional statements. In such a state, antisocial actions and crimes are often committed that require special, not only forensic, but also forensic psychiatric research and analysis.

At epileptoid form of pathological intoxication extreme motor excitation comes to the fore, aggressive actions that are completely incomprehensible in their motives are revealed. Motor stereotypies are often observed. The predominant affect is frantic rage, anger, and bitterness. Speech is usually scant and impoverished. There may be silent excitement, there are no hallucinations and delusions, or they are fragmentary and do not occupy a leading place in the state.

Paranoid form of pathological intoxication, on the contrary, it occurs with a predominance of affectively delusional experiences; patients are convinced that they are in danger, they intend to kill them, they are plotting something against them. An illusory perception of the environment arises with the appearance of false recognitions corresponding to delusional experiences. Fear and horror are clearly expressed. At the same time, behavior retains apparent purposefulness. Speech production consists of individual phrases. Hallucinatory disorders may predominate. The end of psychosis is also critical; deep sleep occurs with amnesia of the episode.

Currently, about 150 million people around the globe put their health at serious risk due to alcohol consumption (K. Yuten, 2001). Alcohol consumption has become widespread throughout the world. Maximum consumption occurs in regions where there is a high level of economic development, where annual figures are 5-10 liters of absolute alcohol for each adult resident. The level of alcohol consumption in Russia tends to increase and is about 15 liters (E. A. Koshkina, 2002). In Western countries, according to WHO, in general, 67% of men regularly drink alcohol, and 28% abuse it, and up to 18% are dependent on alcohol (t. Miller, 1997). The drug situation in Russia is assessed by most researchers as extremely tense. At least 10 million Russians suffer from alcoholism (V.P. Alferov, 1999), which is 7% of the population (G.P. Entin, N.R. Dineeva, 1996). According to the Scientific Center for Narcology of the Russian Federal Healthcare Service, in 2004 in Russia the number of hospitalized patients diagnosed with alcoholism was 647,512 people, which is 28.4% more than in 1999. At the same time, the primary incidence rate of alcoholism, including alcoholism, was 152.7 per 100,000 population (54% more than in 1999).

The process of testing for intoxication is clearly stated in the law of the Russian Federation. To protect against unlawful actions of police officers and examination errors, you should familiarize yourself with the operating procedure and the level of measurement of intoxication. It is enough to understand the sequence of actions in the event of controversial situations so as not to lose your driving license or receive a penalty at work. The activities of a narcologist when measuring ppm in blood or urine are strictly regulated. Noticing errors in the work of staff and pointing them out for correction is the main goal of the article.

How to correctly establish the fact of alcohol consumption?

Alcohol testing

The determination of a person’s intoxication is based on four components:

visual symptoms of intoxication;
exhaled air vapor;
taking blood for the presence of ethanol molecules;
urine test for alcohol-containing drinks.

A preliminary examination is carried out at the stop site or at the workplace. A police officer checks for external symptoms indicating the fact of drinking alcohol. Current signs of alcohol intoxication are listed in the Code of Administrative Offences. These signs include redness of the skin of the face. Alcohol-containing products increase venous blood flow.

Clear evidence of a hangover is slurred and meaningless speech, as well as inappropriate behavior. The listed signs include the presence of the smell of ethanol breakdown products from the mouth and dilated pupils of the eyes. If a person’s condition is affected by alcohol intake, then the pupils of the eyes always dilate. Dilated pupils do not react to bright light.

Measuring exhaled vapors

After identifying the external signs of alcohol consumption, they begin to examine the offender using a device for measuring the concentration of ethanol in exhaled air - a breathalyzer. The concentration of alcohol in human vapor is prescribed in the Code of Administrative Offenses of the Russian Federation and is 0.16 mg/l. Exceeding this indicator is a fact of alcohol intoxication and entails deprivation of rights with the imposition of an administrative fine.

A violation report is being drawn up and the vehicle is being confiscated. The offender is sent for a medical examination to a clinic by a narcologist. When making a diagnosis of intoxication, a narcologist is guided by the rules and figures prescribed in the law of the Russian Federation.

Rules for inspection at the stop site

People are subject to referral for medical examination in the following cases:

If the driver refuses to voluntarily undergo testing, then the next step is a drug treatment clinic and an examination by a narcologist.
The driver objected to the police breathalyzer readings and did not agree with the readings.
The driver refused to undergo a check, but there were external signs of intoxication and the offender’s condition was suspicious.

Based on the results of checking the symptoms, a protocol is issued to a medical institution. This document contains information:

Rules for testing for the presence of alcohol in exhaled air

about the time of inspection;
information about the device;
information about witnesses;
symptoms of intoxication;
Attached is a verification document with testimony.

Rules for examination in a medical institution

Testing for alcohol by a narcologist is regulated by instructions for conducting a test for the presence of alcohol with filling out form 307/y-05 “Medical examination report for intoxication.” This act contains information about the detainee and the signs of alcohol intoxication prescribed by law. Symptoms take the following forms:

description of behavior;
dilated pupils;
appearance of the skin;
speech features;
smell of alcohol from the mouth.

The act does not allow filling in features consisting of colloquial phrases. These characteristics must coincide with those prescribed by law and must have clear and legible definitions.

After identifying the signs, clinical tests follow on the following points:

If measurements of exhaled air do not show intoxication, then measurements will need to be taken after 20 minutes. Perhaps the subject took alcohol, which has not yet been absorbed by the digestive system and has not reached the lungs. If the secondary check shows nothing, blood and urine tests are prescribed. Based on the correlation of these analyzes, conclusions about intoxication are drawn.

It is impossible to draw unambiguous conclusions about the condition of the person being examined based on blood alcohol tests alone. Symptoms indicating alcohol drinking:

The concentration of alcohol in the blood is less than 0.3%, no ethanol was detected in the urine - the subject is sober.
A conclusion about mild intoxication is made if the blood contains up to 1%, and a small value is found in the urine, which does not exceed the concentration in the blood.
If a value within 1-2% is detected, and urine values exceed blood values, then a conclusion is made about a severe degree.
Blood values are 2-3%, in urine a lower value is an average degree.
Exceeding the values indicates severe intoxication and hazardous health consequences.

The totality of all indicators and the described symptoms make it possible to judge the intoxication of the subject. The absence of one indicator violates the rules of examination and can be challenged in court.

Refusal to undergo an examination entails deprivation of rights and the imposition of an administrative fine. Upon referral for examination, you must undergo all tests and, if you disagree with the results, undergo repeated procedures in an independent clinic. Symptoms of intoxication as determined by the police officer are considered a requirement for referral for medical examination.

Examination by a narcologist

At the clinic, you have the right to request information about all devices used during testing. The examination begins no earlier than 20 minutes after drinking alcoholic beverages. After analyzing the breathalyzer readings, the result is transferred to paper and attached to the report. It is necessary to double-check the testimony entered into the act.

Reluctance to undergo one of the alcohol determination methods may be perceived as a complete refusal of the examination. The test of exhaled air vapors is completed and the readings are included in the report. If there is no evidence, check that the phrase is included in the act: “Zero, no alcohol detected.” Provided there is no ethanol in the air vapor and there are signs of intoxication, the next step is taking blood and taking a urine test.

Are you confident in your sobriety? Then, in the near future, no more than 5 hours after the clinic, you need to undergo an independent examination. The verification procedure will be paid, but it will help you prove your innocence in court. Don’t forget to pick up all alcohol testing reports; any violations identified in the preparation of the protocol will help prove the illegality of the measurements.

How to avoid mistakes when measuring alcohol vapors

Let's consider the situation at a traffic police post using a breathalyzer to test drivers for alcohol. Observe the following points to avoid measurement errors:

Before undergoing an intoxication test, you need to check the accuracy of the device and the availability of certificates of permission to use the device for testing. Check the set date and time on the breathalyzer. Breathalyzers must be prepared for use with the mouthpiece inserted. During the control measurement, check the air intake through the mouthpiece - this will eliminate the tricks of the police to slip a mouthpiece soaked in alcohol.
At the inspection site, the presence of two witnesses is required, and their passport details and signatures must be included in the protocol.
Do not take the test on the device immediately after eating food, drinking alcohol or smoking. A smoked cigarette can disable the device or indicate intoxication in a sober person.
Check each completed item in the police report. There should be no empty lines and the readings are duplicated in words.
If the results are positive, take a copy of the inspection report and printed breathalyzer readings.

The symptoms of intoxication are clearly indicated in the law and are spelled out verbatim in the intoxication examination certificate. Checking the recorded results will help avoid lengthy court proceedings.