Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:
22 December 2009 [shall come into force on 30 December 2009];
20 September 2011 [shall come into force on 30 September 2011];
22 May 2012 [shall come into force on 25 May 2012];
25 June 2013 [shall come into force on 25 Junel 2013];
3 September 2013 [shall come into force on 1 January 2014].
If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.
Republic of Latvia
Cabinet
Regulation No.394
Adopted 2June 2008
Procedures for Detecting the Influence of Alcohol, Narcotic, Psychotropic or Toxic Substances
Issued pursuant to
Section 60.1 of the Medical Treatment Law
[25 June 2013]
I. General Provisions
1. This Regulation prescribes the procedures, by which the influence of alcohol, narcotic, psychotropic or toxic substances shall be detected.
[25 June 2013]
2. This Regulation (except Annexes8, 9, 10, and 11) shall not apply to the procedures, by which alcohol concentration in the blood and exhaled air of a driver, as well as the influence of narcotic or other substances, shall be determined.
3. The possible influence of alcohol, narcotic, psychotropic or toxic substances shall be tested:
3.1. by the State Police, municipal police, Port Police, State Border Guard employee, inspector of the State agency “Civil Aviation Agency”, or official of the State Probation Service, by using a portable measuring device for the determination of alcohol concentration in the exhaled air, in order to establish, whether the person has used any alcohol;
3.2. by performing a medical check-up at a medical treatment institution (Annex1) or at a specialised mobile medical laboratory of the said medical treatment institution, on the basis of the referral referred to in Paragraph6 of this Regulation, or a submission of the person referred to in Paragraph7 of this Regulation;
3.3. at any medical treatment institution (in addition to the institutions referred to in Annex1 to this Regulation), in accordance with ChapterIV of this Regulation, when providing medical aid to a person who has been injured.
[25 June 2013]
4. The portable measuring device for the determination of alcohol concentration in the exhaled air (hereinafter— the meter) used in the detection shall comply with the requirements stipulated by the Cabinet for meters used for the determination of alcohol concentration in the exhaled air.
5. Medical check-up shall be performed by a certified narcologist or a physician of another speciality who has acquired the relevant method of medical check-up for the determination of blood alcohol concentration and for the detection of the influence of narcotic or intoxicating substances in any of the medical treatment institutions referred to in Annex1 to this Regulation, in which it is possible to perform investigations, by using enzymatic immune method, gas chromatography method and the method of chemical-toxicological investigation, and where the chemical-toxicological expert-examination is performed by certified forensic experts (hereinafter— specialised medical treatment institution), and who has acquired the relevant certificate of medicinal and diagnostic methods in accordance with the procedures laid down in laws and regulations (hereinafter— physician).
[22 December 2009]
6. Medical check-up shall be performed on the basis of a written referral of the official of a law enforcement authority (Prosecutor's Office, court, State Police, municipal police, Port Police), head of the State or local government authority, as well as of a commercial company or another institution, or a person authorised by him or her, stating the reason for the medical check-up (Annex2).
[25 June 2013]
7. Medical check-up shall be performed upon request of a natural person, provided that this person files a submission (Annex3) with a medical treatment institution stating the reasons for the check-up and presents a personal identification document. The submission shall be attached to the medical check-up report.
II. Test of Alcohol Concentration in the Exhaled Air
[25 June 2013]
8. Alcohol concentration in the exhaled air of a person shall be tested:
8.1. by the State Police, municipal police, Port Police, or State Border Guard employee, in order to confirm or refute the fact of a violation of law, or to review objectively a matter regarding the commitment of a violation of law;
8.2. by an official of the State Probation Service:
8.2.1. during the period of serving the criminal punishment— community service— at the State Probation Service or at the place of implementation of the community service;
8.2.2. during the term of probation or unserved term of the sentence, or during the term of probation supervision specified by the court, at the State Probation Service, as well as at any place, provided that the probation client has been imposed a restriction regarding alcohol consumption;
8.2.3. at the place of implementation of a probation programme;
8.3. by an inspector of the State agency “Civil Aviation Agency”, in order to establish, whether the civil aviation personnel has used any alcohol while on duty in the field of civil aviation.
[22 May 2012; 25 June 2013]
9. The testing of a person shall be performed upon his or her oral consent.
10. If it is not possible to perform the testing for determination of the alcohol concentration in the exhaled air, or if the person does not agree to the performance of the test or the results thereof, an employee of the State Police, municipal police, Port Police, or State Border Guard, or, in cases specified in Sub-paragraph8.2 of this Regulation, an official of the State Probation Service, with the consent of the probation client, or, in cases specified in Sub-paragraph8.3 of this Regulation, an inspector of the State agency “Civil Aviation Agency”, with the consent of the civil aviation personnel, shall deliver the relevant person to the medical treatment institution as soon as possible for the performance of a medical check-up.
[25 June 2013]
11. The testing of a person shall be performed by taking two measurements with an interval of 15–20minutes. Taking into account the conditions provided for in the laws and regulations regarding requirements for meters, the alcohol concentration displayed by the meter in the exhaled air shall be comparable to the blood alcohol concentration.
12. If the measurements show alcohol concentration in the exhaled air, an employee of the State Police, municipal police, Port Police, or State Border Guard, or an inspector of the State agency “Civil Aviation Agency”, or an official of the State Probation Service shall draw up a report on check-up of the person (Annex 4). Print-outs of the meter attesting to the measurements indicated in the report shall be attached to the report.
[25 June 2013]
13. The person shall confirm with a signature that he or she has become acquainted with the report and agrees with the results of the test.
14. If the alcohol concentration in the exhaled air is equal to or exceeds 0.5per mille, the person shall cover the expenses of the check-up in the amount of 15.65euros.
[3 September 2013]
15. Paragraph14 of this Regulation shall not apply to tests for determination of alcohol concentration in the exhaled air performed by an official of the State Probation Service or an inspector of the State agency “Civil Aviation Agency”.
[25 June 2013]
III. Procedures for Medical Check-up
16. A medical check-up shall include:
16.1. check-up of the fact of use of alcoholic, narcotic, psychotropic, toxic substances or medicinal products according to the words of the person to be checked up;
16.2. check-up of the outer appearance (including the presence or absence of bodily injuries), mental and emotional condition, behaviour, speech, vegetative-somatic condition and movement coordination, and determination of alcohol or other odours;
16.3. determination of the fact of use of alcoholic, narcotic, psychotropic, toxic substances or medicinal products, by determining the alcohol concentration in the exhaled air, as well as by performing investigation of blood, urine, or saliva (hereinafter— biological environment) in a laboratory. Results of the check-up and opinion shall be entered in the medical check-up report.
17. Prior to performing a medical check-up, the physician shall verify the identity of the person to be checked up by examining his or her personal identification document. If no personal identification document is presented, the outer appearance of the person to be checked up shall be described in the medical check-up report and it shall be indicated that the personal data has been established orally according to the words of the person to be checked up or according to the data provided by the person who delivered the person to be checked up to the medical treatment institution.
18. In determining the alcohol concentration in the exhaled air, two measurements shall be performed with the interval of 15–20minutes. Taking into account the conditions provided for in the laws and regulations regarding requirements for meters, the alcohol concentration displayed by the meter in the exhaled air shall be comparable to the blood alcohol concentration.
19. In order to determine the blood alcohol concentration in a biological environment by laboratory means, the enzymatic immune method or gas chromatography method shall be used.
20. In order to determine the influence of narcotic, psychotropic or toxic substances, certified forensic experts shall perform chemical-toxicological expert-examination, using the chemical-toxicological investigation methods.
[22 December 2009]
21. If a medical check-up for the determination of the influence of alcohol, narcotic, psychotropic or toxic substances cannot be performed to a full extent, or if it is difficult to perform the check-up due to the overall condition of the person to be checked up, the detectable clinical symptoms shall be assessed and laboratory investigations shall be performed in two different biological environments.
22. In accordance with Annex5 to this Regulation, biological environment samples (except urine) for laboratory investigations shall be taken in a medical treatment institution by a medical practitioner and in the presence of the referring person. Urine samples shall be taken under the supervision of a medical practitioner.
23. In order to determine the alcohol concentration in the biological environment, samples of materials for laboratory investigation shall be transferred together with a referral for determination of alcohol in the biological environment (Annex6). The referral shall indicate the given name and surname of the medical practitioner who took the sample (the medical practitioner shall sign the referral and confirm the record with a stamp).
24. Samples of materials shall be provided for the chemical-toxicological investigation together with a referral for chemical-toxicological investigation (Annex7). The referral shall indicate the given name and surname of the medical practitioner who took the sample (the medical practitioner shall sign the referral and confirm the record with a stamp).
25. If the results of the clinical investigation do not match the results of the laboratory investigations (the substance has not been detected), the medical treatment institution shall send the biological environment samples to a specialised medical treatment institution for a repeat examination (laboratory investigations). After the results of the repeat laboratory investigations have been received, the final opinion shall be provided by the physician who performed the medical check-up.
26. If the results of the clinical investigation do not match the results of the laboratory investigations (the substance has not been detected) and the first laboratory investigation of the biological environment was performed in a specialised medical treatment institution, the final opinion after the repeat laboratory examination of the biological environment samples shall be provided by another physician of the specialised medical treatment institution.
27. The medical check-up report shall be drawn up by a physician in two copies (Annex8 or 9). If chemical-toxicological examination is performed in addition, results of the chemical-toxicological examination shall be attached to the medical check-up report (Annex10). The medical check-up report shall be assigned a number, and an entry in the register (Annex11) shall be made stating the fact of medical check-up and other necessary information on the person for whom influence of alcohol, narcotic, psychotropic or toxic substances has been detected.
28. Influence of alcohol in the medical check-up report is indicated, if the blood alcohol concentration in the person to be checked up:
28.1. is equal to or exceeds 0.5per mille or similar concentration in another biological environment;
28.2. is equal to or exceeds 0.2per mille or similar concentration in another biological environment, if the person to be checked up represents civil aviation personnel.
[25 June 2013]
29. The results obtained in performing the actions referred to in this Regulation shall be described in detail and one of the following conditions of the person checked shall be approved in the medical check-up report:
29.1. no influence of alcohol has been detected;
29.2. no influence of narcotic, psychotropic or toxic substances has been detected;
29.3. no influence of alcohol, narcotic, psychotropic or toxic substances has been detected, but functional disorders have been observed, due to which it is necessary to avoid high-risk conditions;
29.4. the influence of alcohol has been detected;
29.5. the influence of narcotic, psychotropic or toxic substances has been detected;
29.6. both the influence of alcohol and the influence of narcotic, psychotropic or toxic substances (concurrently) has been detected;
29.7. the fact of use of a particular substance has been detected, but the influence of narcotic, psychotropic or toxic substances has not been detected;
29.8. alcohol intoxication has been detected;
29.9. intoxication with narcotic, psychotropic or toxic substances has been detected;
29.10. drug-induced intoxication has been detected;
29.11. intoxication (influence) of narcotic, psychotropic or toxic substances has been detected clinically.
[22 December 2009]
30. The medical check-up report shall be drawn up and the opinion on the condition of the person to be checked up shall be provided during the medical check-up.
31. The medical treatment institution shall transfer one copy of the medical check-up report to the person requesting (referring for) medical check-up. The other copy of the medical check-up report, referral to a medical check-up or submission of the person, results of laboratory investigations, as well as the register shall be stored by the medical treatment institution for five years.