Topical Issues of Determining a Vehicle Driver's Intoxication in the Investigation of Road Traffic Offences

Abstract

Alcohol and drug abuse hold a special place among the phenomena accompanying the modern civilization because they have a negative impact on all aspects of society. One of the most dangerous types of crimes committed under the influence is road traffic accidents. The negative trend of this category of crimes necessitates their efficient investigation, the success of which greatly depends on the right measures of legal coercion aimed at determining the condition of the person driving a vehicle. Measures of administrative, administrative procedure and criminal procedure coercion are especially important in this process. The paper presents a systemic analysis of the norms of criminal and administrative law as well as criminal and administrative process that determine the procedure of testing and medical screening for intoxication. The authors also examine the issues of ordering and carrying out forensic examination to determine the condition of intoxication, and the procedure of acquiring biological samples for testing. They analyze court practice in the spheres of both administrative jurisdiction and criminal court procedure. The authors come to the conclusion that the procedure of screening a person driving a vehicle should be improved. Most problems associated with it are caused by the legal ambiguity regarding the choice of the medical institution that should carry out the chemical and toxicological analysis of bodily fluids. Besides, the law does not have any provisions for the double-screening of biological material to identify narcotics and psychoactive substances in the cases when preliminary screenings results are negative, as they often do not distinguish some types of narcotics, such as spices. In order to identify the condition of intoxication it is necessary for the medical screening to follow the procedure set out in the criminal procedure legislation, which should include obtaining of biological samples for testing and further forensic chemical and toxicological expertise.