Examination for intoxication: procedure and violations

Most often, people come with a question about examination for intoxication after being stopped on the road: the officer suggests taking a check on the spot, draws up a protocol, and the person sees unfamiliar wording for the first time. Employees and employers encounter the same issue in labour disputes, during medical examinations and in proceedings under the Administrative Offences Code of the Republic of Kazakhstan, when the conclusion becomes the main evidence. Not knowing the procedure easily turns a formal process into a lost case, even if the person is sober.

From the article you will learn where and by whom the examination is carried out, what the procedure looks like step by step, what is recorded in the protocol and which timeframes make the check meaningless. The breathalyser readings, the role of witnesses and video recording, the consequences of refusal and ways to challenge the result are dealt with separately. The material relies on the norms of the Republic of Kazakhstan and practice in administrative cases.

Examination for intoxication: where it takes place and who carries it out

Examination for intoxication in Kazakhstan is a two-stage procedure. On the road, a police officer carries out a check on the spot: assesses external signs and suggests a test using a technical device. The result is recorded in the protocol and serves as the basis for further actions.

A medical examination of the driver is carried out in a specialised healthcare institution. A person is referred there when the result of the on-site check is disputed, the driver disagrees with it, or the technical device showed intoxication. The referral is drawn up by a police officer, and the procedure is performed by a medical worker.

• the on-site check is carried out by a police officer using a technical device
• the medical examination is conducted by an employee of a healthcare institution
• the referral for a medical examination is drawn up by a police officer
• the driver has the right to disagree with the result of the on-the-spot check and undergo a medical examination
• the results of both procedures are recorded in the protocol and the report, which the court examines
• deprivation of the right to drive is imposed by a court under the Code of the Republic of Kazakhstan on Administrative Offences

Medical examination for intoxication: the procedure step by step

The referral is drawn up by an administrative police officer: a protocol with the grounds, signs of intoxication and information about the driver. From that moment the driver has the right to know the reason for the referral, to read the document and to make comments. A copy is handed over on the spot, and the examination begins upon arrival at the specified medical institution.

The examination is conducted by a medical professional who has undergone special training: identity is established, a clinical examination and tests of exhaled air are carried out, and where necessary laboratory tests of biological material, in compliance with the requirements for containers, labelling and delivery times.

How a referral for an examination for intoxication is made and what the protocol must contain

The grounds for an examination for intoxication are listed in the rules of medical examination approved by the Ministry of Health of the Republic of Kazakhstan: the smell of alcohol on the breath, unsteady posture, impaired speech, a sharp change in the colour of the skin of the face, behaviour that does not correspond to the situation, as well as signs of the use of narcotic drugs or psychotropic substances. A referral is also possible in the case of a road traffic accident with injured persons.

The referral protocol is drawn up by an authorised police officer: the date, time and place of drawing up, the position and surname of the officer, information about the driver and the vehicle, the grounds for the referral, and a note that the rights and obligations have been explained. The driver reads and signs the document; if he disagrees, he has the right to set out his opinion.

• the date, time and place of drawing up the document;
• the position, surname and initials of the police officer;
• information about the driver and the vehicle;
• the grounds for the examination specified in the law;
• a note that the rights and obligations have been explained;
• the signatures of the driver, the witnesses and the officer, or a reference to a video recording.

Time limits for an examination for intoxication: when the procedure loses its meaning

Time always passes between the stop and the medical examination for intoxication: drawing up documents, waiting for an authorised person, delivery to a medical institution. That is why time limits matter: signs of intoxication are assessed at a specific moment, not hours later.

The procedure must be carried out without unjustified intervals. While the protocol on removal from driving is being drawn up and witnesses are being found, the concentration of substances changes and the outward signs become less pronounced. The question of how long after the stop the examination is conducted is of legal significance.

• record the time of the stop, the removal from driving and the start of the medical examination
• ask for the reason and duration of the delay to be entered in the protocol
• state in the comments section all waiting intervals and their reasons
• keep copies of documents and receipts confirming the time of arrival at the medical institution
• if you disagree with the results, demand a repeat examination in accordance with the established procedure
• collect data on witnesses who can confirm exactly when the procedure was carried out

Testing for intoxication on the spot: the breathalyser and its readings

On-the-spot testing is carried out by administrative police officers when a vehicle is stopped, if there are signs of intoxication: the smell of alcohol, unsteady posture, slurred speech, changed skin colour. The check is recorded in a protocol, and the result is entered in the intoxication test report. This is a preliminary procedure; it does not replace the medical examination carried out by a doctor at a specialised facility.

Breathalyser readings reflect the concentration of ethanol vapour in exhaled air. The device may only be used if it has been verified, which must be noted in the documents, and the result is entered in the report stating the serial number and the date of verification. A permissible margin of error established for the specific model applies to the readings: it is stated in the manual and taken into account when assessing the result. If the value falls outside the margin of error and confirms intoxication, a protocol is drawn up.

• the date, time and place of the check
• the details of the officer who drew up the report
• the model and serial number of the breathalyser, information on its verification
• the device readings, taking into account the permissible margin of error
• the presence of witnesses' signatures or a video recorder recording
• information on whether the driver agrees with the result

In this procedure, formality almost always proves stronger than the device readings: the court looks not at the figure, but at how it was obtained.

Intoxication testing without witnesses and without a camera: what this changes

The intoxication testing procedure in Kazakhstan is structured so that the result can be verified. Witnesses confirm that it was a breathalyser that was used, that the device was in working order, that the driver did not refuse the procedure and was not misled. Testing without witnesses is permissible where the entire procedure is continuously video-recorded. If there are neither witnesses nor a recording, the evidentiary value of the protocol drops sharply.

Video recording must cover not only the breath test itself, but also the explanation of rights, the replacement of the mouthpiece, removal from driving, and the completion of paperwork. An intermittent or selective recording does not replace witnesses. The court assesses the materials together with the device readings, the report and the driver's explanations. Where there are gaps in the procedure, the conclusion of intoxication is disputable.

• The note on witnesses or on video recording in the removal protocol and in the test report.
• Continuity of the recording: whether the explanation of rights, the replacement of the mouthpiece and the removal from driving are visible.
• Whether the time on the device receipt, on the video recording and in the protocol match.
• Information on the breathalyser's verification and on the driver having been made aware of the procedure.
• The driver's remarks in the protocol fields — they record disagreement with the procedure and its conditions.
• The absence of any reference to witnesses without any mention of video recording is a sign that the procedure is not corroborated.

Intoxication testing and refusal of the procedure: the consequences

Refusal of intoxication testing in Kazakhstan is a separate legal fact. A driver is obliged to undergo testing at the request of an authorised police officer. Disagreement with an on-the-spot breath test leads to referral for a medical examination, while failure to comply with a lawful request to undergo a medical examination constitutes a separate offence under Article 608 of the Administrative Offences Code of the Republic of Kazakhstan.

It is important to distinguish refusal from disagreement with the result. Disagreement: the procedure was carried out, readings were obtained, but the driver demands a repeat or medical examination. Refusal is failure to comply with a lawful request to undergo the procedure at all. The consequences arise regardless of whether the driver was in fact intoxicated.

• refusal of testing is recorded as a separate offence
• disagreement with the result is not the same as refusal of the procedure
• if a driver refuses to be tested with a device on the spot, they are sent for a medical examination
• liability arises regardless of the actual state of intoxication
• the decision to disqualify from driving is taken by a court under the Code of the Republic of Kazakhstan on Administrative Offences

I disagree with the result: how to challenge an examination for intoxication

If you disagree with the result of an examination for intoxication, objections are recorded immediately: the protocol and the report state disagreement with the device readings and (or) the doctor's conclusion, and set out the reasons — a breach of procedure, a broken seal, information about the measurement error. The report has force only if the procedure was followed, so any departures from it are recorded in writing and supported by witnesses, video recording, medical documents.

Copies of the report, the protocol and the test results are handed over. If the driver disagrees with the report, they have the right to immediately undergo a repeat medical examination at another medical organisation — the sooner, the more valuable the result. The results of a chemical-toxicological analysis carried out at another institution are added to the case file and assessed alongside the initial report. If a road traffic accident is involved, the result also matters for insurance: under compulsory third-party motor liability insurance the insurer will pay the victim, but may bring a recourse claim against a driver who was intoxicated.

• the entry in the medical examination log and the report itself with notes on the objections and details of the device;
• the results of an independent repeat test and a specialist's opinion;
• witness testimony from the attesting witnesses, the doctor, the officer who drew up the protocol;
• video and audio recordings, dashcam footage, data on calibration and the integrity of the seal on the measuring device;
• medical documents on health condition and on taking medicines that affect the result;
• other written evidence: extracts from logs, certificates, responses to requests.

Examination for intoxication and other types: alcohol, drugs, medicines

Alcohol testing is based on exhaled breath: the initial test is carried out by the traffic officer, and if there is disagreement or a disputed result, a medical examination is ordered with a repeat breath sample and, if necessary, blood. Testing for drugs and psychotropic substances is not done this way: their traces cannot be detected in exhaled breath, so a biological sample is needed — urine, and if it cannot be obtained, blood, saliva or other material.

The conclusion is always tied to a specific substance and its detection threshold, so testing for one indicator does not replace testing for others. Alcohol is confirmed by quantitative measurement of concentration, drugs by laboratory testing of a sample with the method and result stated in units of measurement.

• type of test: alcohol — breath, then blood; drugs and medicines — urine, blood, saliva;
• who conducts it: the initial stage — the traffic officer, the medical examination — a medical professional;
• the units and threshold for each substance are stated separately in the conclusion form;
• medication therapy is reflected in the conclusion as a basis for interpreting the result;
• the time and conditions of sample collection, the method of storage, referral to the laboratory;
• a discrepancy between the initial and repeat test requires further verification.

The sample and method are recorded in the report; if the result is disputed, they can be verified against the documents.

Typical violations during examination for intoxication

Violations during examination for intoxication are most often linked to the absence of lawful grounds. An inspector may refer a person for the procedure if there are signs of intoxication, and also in the case of a road traffic accident; the signs must be specifically stated in the protocol. If the referral in the protocol is justified by general wording without reference to specific signs or to the event, the materials lose their evidentiary value, and the report may be held to be inadmissible evidence.

Errors by officers concern the procedure and its paperwork. The examination is carried out in the presence of two attesting witnesses or with video recording, and the result is recorded on paper with signatures. The absence of attesting witnesses, illegible details or discrepancies between the time in the protocol and the time on the device receipt cast doubt on the very fact of the procedure. A medical examination requires a properly drawn-up referral; without one, or where there are irregularities, the doctor's conclusion can be challenged.

• The absence in the protocol of specific signs of intoxication or of the event that served as the ground — the act can be challenged as inadmissible evidence.
• Conducting the procedure without attesting witnesses or video recording — the results of the examination can be challenged as inadmissible.
• Discrepancy between the time stated in the protocol and the data of the device or the medical report — raises doubt as to authenticity.
• Refusal to provide a copy of the protocol and the act — deprives the person of the opportunity to prepare objections in good time.
• Signing blank forms or making entries without the driver's participation — renders all subsequent documents challengeable.
• Obstructing the participation of a defence lawyer during the examination — a separate violation of the right to defence.

What documents are drawn up during an examination for intoxication

The examination is documented by a set of procedural documents, on the basis of which the court assesses the lawfulness of the procedure. The basic one is the referral protocol: the grounds for referral and the signs of intoxication. Next is the examination act with the result and an indication of the device or the method of testing. The documents are handed to the participant, and copies are added to the case file.

In a medical organisation the key document is the report: who conducted it and on what basis, the methods, and the doctor's conclusion. The completeness of the tests, the intervals between them and the signature of the authorised person are checked. The absence of a mandatory requisite weakens the evidentiary value of the document.

The list may be supplemented depending on where the examination was conducted.