The Procedure For The Determination Of The Concentration Of Alcohol In Blood And Exhaled Air And Served To The Illicit Manufacture Of Narcotic Drugs Or Other Intoxicating Substances Impression

Original Language Title: Kārtība, kādā nosakāma alkohola koncentrācija asinīs un izelpotajā gaisā un konstatējams narkotisko vai citu apreibinošo vielu iespaids

Read the untranslated law here: https://www.vestnesis.lv/ta/id/99469

Cabinet of Ministers Regulations No. 15 of 2005 in Riga in January (11. 3. § 12) procedure for the determination of the concentration of alcohol in blood and exhaled air and served to the illicit manufacture of narcotic drugs or other intoxicating substances effect issued under the Highway Traffic Act article 43.5 of the first and the second part i. General question 1. determines the order in which the driver detects blood alcohol levels and exhaled air, as well as the illicit manufacture of narcotic drugs or other intoxicating substances.
II. verification of the concentration of Alcohol in the air exhaled 2. concentration of Alcohol in the air exhaled driver checks the State police officer or on the State border, the State border guards (hereinafter employees), using a portable device for the detection of concentrations of alcohol (hereinafter referred to as the meter). Measuring the concentration of alcohol in the air exhaled is adequate for the alcohol concentration in the blood.
3. driving test is carried out with his verbal consent.
4. If the driver's test for the determination of alcohol content in exhaled air is not possible or if the driver does not accept check or its results, the employee concerned shall record the provision referred to in paragraph 8 of the Protocol and the person concerned two hours delivered near the rules referred to in annex 1. medical institution, medical inspection.
5. in the event of accident site driver provides medical assistance, medical institution, medical inspection taken without alcohol concentration test of exhaled air.
6. driving test is carried out by making two measurements, with a 15-20 minute intervals.
7. If the first measurements found that the concentration of alcohol in exhaled air is less than the Highway Traffic Act prescribed alcohol concentration in the blood, which prohibited to drive a motor vehicle, other measurements are not carried out and the Protocol will not be drawn up.
8. If measurements found that the concentration of alcohol in exhaled air is equal to or greater than the Highway Traffic Act prescribed alcohol concentration in the blood, which prohibited to drive a motor vehicle, the employee shall complete and sign the driver checks the Protocol (hereinafter referred to as the Protocol) (annex 2). The protocol adds the meter prints, showing the measurements specified in the Protocol.
9. the driver's signature on the Protocol completed by an employee shall certify that the driver agrees with the results of the checks carried out.
10. If, in accordance with the measurements taken of the concentration of alcohol in exhaled air is less than the Highway Traffic Act prescribed alcohol concentration in the blood, which prohibited to drive a motor vehicle, the driver shall not bear the expenses of the inspection.
11. Where, in accordance with the measurements taken of the concentration of alcohol in the air exhaled is equal to or greater than the Highway Traffic Act prescribed alcohol concentration in the blood, which prohibited to drive a vehicle, check the costs borne by the 11 lats, driving the paid that amount to the State police or national guard's budget account within 30 calendar days of the date of drawing up of the Protocol.
III. Medical check-up scheme 12. Medical examination is the determination of the concentration of alcohol in the driver's blood, or drugs, or other intoxicating substances affect the driver's capture of one of the provisions listed in annex 1 of the medical authorities (hereinafter referred to as the medical establishment) or this specialized treatment institutions in the medical autolaboratorij.
13. Medical Screening include: 13.1. effects of alcohol, drugs or other intoxicating substances or medication fact checking by the test driver's words;
13.2. the external appearance (including bodily injury or lack of validity), mental and emotional condition, behavior, speech, vegetative and somatic movement coordination;
13.3. alcohol, drugs, or other intoxicating substances or medication fact discovery and laboratory test results are maintained in the test protocol.
14. Medical examination based on employee referrals provided (annex 3), carried out in the following cases: 14.1. If an employee has a reasonable suspicion of driving the illicit manufacture of narcotic drugs or other intoxicating substances impression;
14.2. in accordance with the provisions of paragraph 4 and 5.
15. Medical examinations shall be certified or other specialty narkolog physician who At the national agency concerned medical mastered the test method for the determination of alcohol content in the blood and the illicit manufacture of narcotic drugs or intoxicating substances affect the determination of (the doctor).
16. before the medical examination the doctor on the basis of the identity documents, driving licences or employee information, make sure the test driver's identity.
17. to certain laboratory blood alcohol content, use the imūnmetod or enzimatīv gas chromatography method.
18. material samples (except urine) laboratory examinations in accordance with the provisions of the annex having treatment and the presence of the employee. Urine samples taken under the supervision of the two.
19. If the driver refuses to pass the organic environment (blood, urine or saliva) samples for laboratory examinations, or trying to take actions that could alter the final result of the examination, the doctor will record this fact medical checklist.
20. to identify the illicit manufacture of narcotic drugs or other intoxicating substances, medical examination to the impression made organic environmental laboratory investigations.
21. to biological environment the quality of certain narcotic drugs or other intoxicating substances, uses the chemical toxicological investigation methods. The investigation carried out by a qualified expert chemists under the United Nations drug control program, the specific methodology.
22. If a medical examination to the illicit manufacture of narcotic drugs or other intoxicating substances determination of impact cannot be performed in full or the illicit manufacture of narcotic drugs or other intoxicating substances impact clinical symptoms is difficult to test a driver's general situation, evaluate the identifiable clinical signs and laboratory investigations are carried out in two different biological environments.

23. data on sampling of the material record of the examination of the facts in the log.
24. in order to determine the concentration of alcohol in the biological environment, samples of materials laboratory investigation be transferred together with the shipping of alcohol detection biological environment (annex 5), which shall indicate the test driver's first name, last name, ID number or year of birth, address, the circumstances of the case, take the name of the sample, the sample sequence number (after log in), the date and time of sampling, skin treatments, sample storage conditions, the treatment of the person's name and surname who took the samples, as well as the name of the Office of departure.
25. material samples chemical toxicological investigation be transferred together with the shipment of the chemical toxicological investigation (annex 6), which shall indicate the test driver's first name, last name, ID number or year of birth, address, the sending institution, its treatment of the person's name and surname, which took the sample material list, a short description of the circumstances of the case, medical examination results, clinical diagnosis, protocol number and address where to send the reply.
26. following the receipt of the results of the doctor who performed the medical examination, the definitive opinion, draw up a medical test report (in duplicate), assign it a number, and also records the fact of medical inspection log. If the driver of the vehicle, which carried out the medical examination, does not agree with the results of the analyses, provides the definitive findings and medical examination Protocol shall be drawn up following an analysis of samples of materials.
27. Medical test report detailed results produced by this rule 13, 20 and 22, and referred to one of the following approved check the positions of the person: 27.1. not alcohol concentration in the blood;
27.2. not found the illicit manufacture of narcotic drugs or other intoxicating substances impression;
27.3. the alcohol concentration in the blood (indicating the per mille);
27.4. have found the illicit manufacture of narcotic drugs or other intoxicating substances impression;
27.5. not alcohol concentration in the blood, or drugs, or other intoxicating substances, but the impression is observed in functional State disorders, so it is not recommended driving;
17.1. There is both the concentration of alcohol in the blood (indicating the promiles) and the illicit manufacture of narcotic drugs or other intoxicating substances impression (while);
17.2. is found in a particular use of a substance, but not the facts found in the illicit manufacture of narcotic drugs or other intoxicating substances impression.
28. Medical examination results for the test driver notified verbally. After test driving a verbal request, provide written medical opinion of inspection (tariff).
29. Under driver medical examination protocol with the signature certifies that the medical examination performed on him. If the driver refuses or is unable to sign, the doctor made the entry medical examination protocol.
30. If the driver does not accept the results of medical tests, samples of materials sent to the Agency At the national laboratory examinations for repeating.
31. One copy of the minutes of the examination of the medical establishment in the national police or the National Guard, and the other stores for five years.
32. If the driver's medical examination finds Road Traffic Act prescribed blood alcohol content, which prohibited to drive a motor vehicle, or 17.0 17.1 these terms. or. condition referred medical examination shall be borne by the respective driver.
33. If the medical examination determines the Highway Traffic Act prescribed blood alcohol content, which prohibited to drive a motor vehicle, or if the driver is not in the illicit manufacture of narcotic drugs or other intoxicating substances, medical examination costs shall be borne by the institution, the employee sent a driver to a medical examination.
34. transfer of funds the hospital's account provides the driver that an employee sent a driver to a medical examination.
IV. final question 35. If the driver has been alcohol concentration test of exhaled air and medical examination are not road legal blood alcohol levels, which prohibited to drive the vehicle, the driver of the rules referred to in paragraph 11 the inspection expenses not be covered.
Prime Minister a. Halloween Health Minister g. Smith Editorial Note: the entry into force of the provisions by 15 January 2005.
 
1. the annex to Cabinet of Ministers of 11 January 2005, regulations No 15 medical institutions that carry out a medical examination to determine the concentration of alcohol in the blood and the illicit manufacture of narcotic drugs or other intoxicating substances affect the determination of 1. Treatment services, which carried out a medical examination to determine the concentration of alcohol in the blood and the illicit manufacture of narcotic drugs or other intoxicating substances affect the determination of: 1.1. State Agency addiction;
1.2. limited liability company "Daugavpils State hospital";
1.3. public limited liability company "Jelgava State hospital";
1.4. limited liability company "Buldur hospital";
1.5. Liepājas City Council the authority "of the city of Liepāja Central Hospital";
1.6. municipal limited liability company "Rezekne hospital";
1.7. municipal limited liability company "Ventspils hospital";
1.8. limited liability company "Aizkraukles hospital";
1.9. the Alūksne district municipal limited liability company "Alūksne hospital";
1.10. Prize district municipal agency "award in the hospital";
1.11. limited liability company "Bauska hospital";
1.12. public limited liability company "State Hospital of Straupe";
1.13. the Cēsis district municipal agency "Cēsis health care center";
1.14. limited liability company "Dobele and surroundings in the hospital";
1.15. the Gulbene district municipal limited liability company "gulbenes hospital";
1.16. limited liability company "Jēkabpils district Central Hospital";
1.17. limited liability company "Krāslava hospital";

1.18. limited liability company "Kuldīga hospital";
1.19. Liepaja district municipal limited liability company "priekule hospital";
1.20. limited liability company "Limbaži hospital";
1.21. the Ludza district municipal limited liability company "Ludza district hospital";
1.22. Madona district municipal limited liability company "Madona hospital";
1.23. limited liability company "OGRE district hospital";
1.24. limited liability company "Preili hospital";
1.25 Līvāni District Council municipal limited liability company "Līvāni hospital";
1.26. limited liability company "Riga region hospital";
1.27. limited liability company "Saldus Medical Center";
1.28. the Talsi district municipal limited liability company "talsu hospital";
1.29. Tukums city municipal agency "Tukums hospital";
1.30. limited liability company "kandava hospital";
1.31. limited liability company "Wear in the hospital";
1.32. limited liability company "Red Cross Hospital smiltene";
1.33. Valmiera District municipal limited liability company Lakewood hospital ";
1.34. municipal limited liability company "aizpute hospital".
2. The medical authorities, where a medical examination to determine the concentration of alcohol in the blood and the illicit manufacture of narcotic drugs or other intoxicating substances determination of impact shall be done only if a driver suffered injuries: 2.1 public joint stock company "hospital" Bikernieki "";
2.2. public joint stock company "Paul stradins clinical University Hospital";
2.3. Riga Municipal limited liability company "Clinical Hospital" Gaiļezer "";
2.4. Riga Municipal limited liability company "Rigas 1. hospital";
2.5. Riga Municipal limited liability company "Riga 2. hospital";
2.6. joint stock company Latvian maritime medicine centre ";
2.7. limited liability company "Jelgava City Hospital".
Health Minister g. Smith annex 4 of the Cabinet of Ministers of 11 January 2005, regulations No 15 material sampling for laboratory examinations and their storage i. material sampling for the determination of alcohol in biological environment and their storage 1. Blood sample taken 15-20 ml of blood from the superficial veins in the vakutainer treated with hepartīn.
2. Puncture site skin treated with furacilīn solution (1:5000), rivanol solution (1:500) or other alcohol-free disinfectant solution. Banned skin treated with ether and alcohol solution.
3. Immediately after blood sampling vakutainer content multiple times easy to shake.
4. the urine sample taken 15-20 ml of urine in a dry disposable container, leaving air as possible above the sample surface. Seal the container.
5. the saliva sample take 10 ml of saliva dry disposable container, leaving air as possible above the sample surface. Seal the container.
6. Containers and vakutainer with samples, sealed and stored in a refrigerator where the temperature is not higher than 4 ° C.
7. every container and vakutainer is the label with the model number, the date and time of sampling, the person's first name, last name, year of birth, or social security number and medical treatment person's name who took the sample.
8. After consideration of the laboratory examinations on the remaining portion of the sample Chamber and removed 35 days stored in a refrigerator where the temperature is not higher than 4 ° C, possible control studies. After the period of the sample destroyed, and draw up a certificate of unserviceability.
II. sampling of the material chemical toxicological investigation and their storage 9. Urine sample of 100-200 ml of urine in a dry disposable container. The container with the lid closed. Urine samples require no preservatives.
10. Blood samples to take 20-30 ml of blood from the superficial veins in the vakutainer treated with heparin.
11. Puncture site skin treated with furacilīn solution (1:5000), rivanol solution (1:500) or other alcohol-free disinfectant solution. Banned skin treated with ether and alcohol solution.
12. Immediately after blood sampling vakutainer content multiple times easy to shake.
13. take 10 ml of saliva from the salivary persons for which the drug is suspected of smoking or contacts with narcotic substances.
14. After the saliva sampling oral rinse with 10-20 ml of 70% ethanol (to prevent swallowing, the alcohol saturates with sodium chloride).
15.14 of this annex and paragraph washings is mixed together in the same container.
16. paragraph 13 of this annex in the case of a person under examination also takes nomazgājum out of hand. Nomazgājum from the Palm of the hand and fingers, rubbing is obtained with wool, soaked in 70% ethanol.
17. The swab packaged separately from the washings and saliva (for inquiry to the individually packed clean cotton swab).
18. the saliva sample and washings are taken by person and the investigation of sampling for the determination of alcohol content.
19. Containers and vakutainer with samples stored in a refrigerator where the temperature is not higher than 4 ° C. If you need more storage, samples of materials placed in the refrigerator freezer Chamber.
20. the samples, which investigates to determine cocaine, tranquilizers and tropān alkaloids, immediately frozen and stored in a refrigeration Chamber.
21. every container and vakutainer is the label with the model number, the date and time of sampling, the person's first name, last name, year of birth, or social security number, shipping protocol number, the name of the substance, the determination of which study designed and treatment first and last name of the person who took the sample.
Health Minister g. Smith