Criteria for determining states of alcoholic intoxication and intoxication The conclusion “The fact of alcohol consumption has been established, no signs of intoxication have been identified" is made if there is convincing evidence confirming the fact of alcohol consumption, but in the absence of a clear clinical picture of alcohol intoxication. This condition is characterized by scleral hyperemia, impaired coordination tests, a faint smell of alcohol or odor fumes from the mouth. In these cases, a test with a Mokhov-Shinkarenko indicator tube (sobriety control) and the Rappoport reaction will be weakly positive, and the alcohol content in biological media ranges from 0.022% to 1%. With mild alcohol intoxication changes mental activity insignificant. There is an increase in vegetative-vascular reactions - skin hyperemia, scleral injection, increased sweating, tachycardia, increased blood pressure, rapid breathing, as well as nystagmus, dilated pupils; disturbance of the motor sphere - changes in gait, staggering when walking with quick turns, instability in the simple and sensitized Romberg position, inaccuracy in performing precise movements and coordination tests. With a mild degree of alcohol intoxication, the alcohol content in biological media ranges from 1 to 2%. With moderate alcohol intoxication more pronounced changes in mental activity are noted - incorrect assessment of the situation, inhibition or agitation, aggression, dysarthria, drooling. Vegetative-vascular disorders manifest themselves in the form of hyperemia or pallor of the skin and mucous membranes, increased heart rate, breathing, blood pressure fluctuations, and sweating. Dilation of the pupils, sluggish photoreaction, nystagmus, unsteadiness of gait, instability in the Romberg position, distinct disturbances in coordination tests, decreased tendon reflexes, and pain sensitivity are observed. The alcohol content in biological media in these cases ranges from 2 to 3%. In case of severe alcohol intoxication there is a disturbance in orientation, lethargy, drowsiness, low accessibility to contact, misunderstanding of the meaning of questions, tachycardia, arterial hypotension, pallor of the skin and mucous membranes, weak reaction of the pupils to light, nystagmus, a sharp disturbance in gait, inability to stand independently and perform purposeful actions, suppression of tendon reflexes, decreased corneal reflexes. The pupils are dilated, but when transitioning into an alcoholic coma, the pupils may be constricted. The alcohol content in biological media in these cases ranges from 3 to 4%. With an alcoholic coma there is a disturbance of consciousness, lack of reactions to the environment, severe disturbances of autonomic regulation, cardiovascular activity, a sharp decrease in muscle tone, absence of pain, corneal, tendon reflexes, pathological reflexes, hyperkinesis. Involuntary urination, defecation, breathing disorders are possible, the pupils are dilated, and there is no reaction to light. The alcohol content in biological media during coma is over 4%. A state of intoxication caused by narcotic or other substances. Such a conclusion is made in the presence of clinical symptoms of intoxication caused by the use of narcotic or potent substances, the absence of the smell of alcohol on the breath and negative chemical tests for alcohol. In such cases, to confirm the state of intoxication, in addition to the clinical description of the symptoms of intoxication, the results of chemical studies of biological fluids are necessary. Chief Psychiatrist and Narcologist of the CommitteeV.N. Kozyrev Deputy Chief Psychiatrist for NarcologyA.A.Sergeev

The severity of alcohol intoxication can manifest itself in different ways. This may depend on many unrelated reasons. The most important of them is the individual characteristics of each individual. Previous illnesses are of considerable importance, especially for pathologies of an organic nature. They often cause extremely rapid or

The effects of alcohol and the development of intoxication

People's ability to drink alcohol varies greatly. In addition, it is important for what purpose and in what mood alcohol is taken. If this happens on festive celebration, then obvious intoxication can occur quite quickly.

If the average user consciously tries to continue to control the situation, then he can significantly delay the moment of intoxication. The type of drink consumed and the percentage of sugar and alcohol in it have a significant impact on its depth and speed of development.

A person’s state before starting to drink, both physical and mental, also plays a certain role. People suffering from alcoholism often experience atypical intoxication - dysphoric or mixed. It is quite difficult for them to identify signs and degrees of alcohol intoxication.

Stages of intoxication

There are various stages of intoxication, differing in a person’s sensations and external manifestations of his behavior. At first, the alcohol-containing drink causes a pleasant feeling of lightness and euphoria, gives a feeling of joy and high spirits, relieves fatigue and relaxes. As the amount of drinking increases, these sensations often change to others, much less pleasant. This can be irritation and anger, hypertrophied grievances, aggression and loss of control over one’s own behavior.

The stronger the drink, the faster the symptoms of altered consciousness appear. An empty stomach also helps a lot. If there is at least some food in it and the drink consumed is of low strength, then the process of developing intoxication does not occur so quickly. The manifestation of the degree of intoxication of an object directly depends on its mass, individual susceptibility and state at the current moment. With clearly expressed neuropsychic stress In humans, alcohol has a less pronounced effect. This is due to the initial overstrain of the central nervous system.

Easy stage

A person attracts attention due to his high mood, cheerfulness, and sociability. He tries to be pleasant and good-natured, but it becomes difficult for him to maintain the ability to concentrate. A mild degree of alcoholic intoxication is characterized by somewhat loose and slow speech.

His judgments can become quite frivolous; the criticality of actions decreases, as does the perception of various troubles. The surrounding reality is distorted for a person, he is not able to assess what is happening. The instincts inherent in the object are inhibited, skills are dulled,

Often a person overestimates his own capabilities, commits actions that are unusual for him in his life. in good condition. These changes are observed already at the initial degree of alcohol intoxication. They are caused by the toxic effect of alcohol on the nerve centers. But people clearly remember what happens to them and can retell it later.

Average

This is already quite a strong intoxication. All previous symptoms worsen, new ones are added to them. A distinct odor of alcohol emanates from the person's mouth. His gait becomes shaky and unstable, and sometimes it becomes quite difficult to attract his attention. Primary signs of stupor may be observed. Disorientation in space and loss of control over one’s behavior are quite possible.

A loss of natural shyness, resulting in sexuality, incoherent speech and loud swearing, is typical at this stage. Increased excitability with reduced self-control easily provokes quarrels, disputes and even fights. The average degree of alcohol intoxication is characterized by memory lapses: there is a complete loss of individual fragments of what happened the day before. The next morning a person may not remember everything that happened to him.

At this stage there are often various shapes deep disorder of consciousness. Typically the subject is unable to stand on its own. It is very difficult to attract his attention. It is almost impossible to contact a person; he is inarticulate: he mutters something unintelligible, repeats meaningless phrases and words.

His condition can be different: he can be inhibited and lethargic or, on the contrary, overly excited. The reaction to painful stimuli is significantly reduced. The person is unable to write, he cannot use a familiar skill.

Deep intoxication against the background of severe intoxication of the body can turn into a coma, but the prognosis is not always favorable. Not everyone is able to reach this level of alcohol intoxication; for many, the body’s protective reflexes are triggered - nausea and vomiting prevent further consumption.

The presence of various stages of intoxication is of interest to many citizens. For example, the ability to drive vehicles depends on this. Sometimes situations arise when it is necessary to find out exactly how drunk or sober the target is. To do this, indicators of the degree of alcohol intoxication in ppm are calculated. A special device is successfully used, which is actively used by police services, doctors and ordinary citizens.

So how are the quantitative content of alcohol in the blood and the degree of intoxication related?

• 0.3-0.5% - slight influence of alcohol.
• 0.5-1.5% - slight intoxication.
• 1.5-2.5% - average intoxication.
• 2.5-3% - severe intoxication.
• 3-5% - deep intoxication, alcohol poisoning, possible death.
• Over 5% - severe fatal poisoning.

Intoxication: modified forms

If the subject has certain psychological disorders or special individual traits, his intoxication can take various atypical forms. It could be:

• Dysphoric. Even with a small amount of use, a person, bypassing the high mood, demonstrates depression and aggressiveness, usually typical of more severe stages. This form of manifestation is typical for those suffering from chronic alcoholism.
• Hebephrenic. Expressed in excessive foolishness, ostentatious gaiety, often turning into violence. It is observed in various latent schizophrenic disorders. Occurs in teenagers.
• Paranoid. A person becomes suspicious and suspicious; he inadequately interprets the intentions and actions of others. This form occurs in some types of mental disorders, especially in the presence of alcoholism.
• Hysterical. This form is observed in people of a special type, self-centered, with high self-esteem. It manifests itself as an imitation of madness; there are frequent threats of suicide and demonstration attempts at suicide.

The harm of alcohol

Regardless of the amount drunk and the degree of alcohol intoxication, alcohol always has a pathological effect on the body. Alcohol is officially recognized as a dangerous drug that can cause irreparable harm to health and become addictive. Among other things, alcohol has negative impact on the brain, which regulates the activity of all organs, influencing the harmonious functioning of all body systems.

The negative effects of alcohol are caused by a disruption in the supply of oxygen to nerve cells, which gradually begin to die. This affects primarily the intellectual abilities of the individual. Against the background of damage to the cerebral cortex and a decrease in brain activity, the drinker’s behavior gradually changes, not for the better. An obvious change in the behavior, hobbies and addictions of the addict becomes noticeable.

How to determine the degree of intoxication?

You can independently determine the severity of intoxication only approximately by changes in the nature of behavior. To do this, it is necessary to assess the behavior and speech of a drunk person, check his ability to coordinate movements and objectively perceive the environment.

To determine the content, it is necessary to conduct a special analysis. However, its indicators are directly related to the amount of time that has passed since drinking. The indicators will be lower the longer it has passed since its use. Not everyone is able to correctly assess their own capabilities, so you should not abuse alcohol.

thesis

§1. Definition of the concept of “intoxication” in criminal law

According to Article 23 of the Criminal Code Russian Federation(hereinafter referred to as the Criminal Code) a person who commits a crime while intoxicated due to the use of alcohol, drugs or other intoxicating substances is subject to criminal liability. By influencing the central nervous system of a person, the listed substances affect his consciousness and will. Due to impaired thinking and weakening of self-control, the behavior of a drunk person is noticeably different from his behavior in a sober state. It is clear that many crimes would not have been committed if the offender had not been under the influence of alcohol or drugs. Intoxication contributes to the manifestation of antisocial views and habits, existing chronic mental disorders, dementia, and other painful mental disorders provided for in Article 21 of the Criminal Code “Insanity”.

Unfortunately, in law enforcement practice there are differences in the legal understanding of the basic terms used in the disposition of this article. In this regard, in our opinion, the actual concept of “intoxication” in criminal law should first be defined. We especially note that most of the fundamental guidelines on criminal law are silent about this definition.

Many lawyers wonder whether intoxication is a mental disorder. This is especially important to understand in light of the immutable fact that even a single dose large quantity alcohol and drugs can lead to acute intoxication, which is, of course, a temporary mental disorder, and their systematic use leads to the development of alcoholism, drug addiction and substance abuse - chronic mental disorders that are medical criteria for insanity.

The legal literature provides the following definition of intoxication: “Intoxication is understood as a state that occurs as a result of intoxication with alcohol or other neurotropic drugs and is characterized by a complex of mental, autonomic and somatoneurological disorders.” Criminal law of the Russian Federation. T.1 / Ed. L.V. Inogamova-Khegai. M., 2002. P. 158. In our opinion, lawyers are not familiar with the terms “vegetative and somatoneurological disorders,” which takes this definition beyond the scope of the science of criminal law. At the same time, one should support the very attempt to understand the meaning of the pathogenesis (mechanism) of intoxication, behavioral deviations that arise under the influence of intoxication. We agree with the author on the main thing: intoxication is accompanied by certain disorders of mental activity, conscious-volitional behavior, which are caused by intoxication. In the same work, the author points out that when intoxicated, “the subject, due to the intoxicating effects of alcohol or other substances, cannot fully realize the social significance of his behavior or control it,” i.e. The author essentially cites the wording of Article 22 of the Criminal Code “Criminal liability of persons with a mental disorder that does not exclude sanity.” Thus, he equates intoxication with mental disorder.

N.G. Ivanov defines intoxication as follows: “The state of intoxication is a type of abnormal state of the subject, in which the processes of excitation and inhibition are brought into disharmony.” Russian criminal law / Ed. A.I. Raroga. M., 2003. P. 224. "Disharmony" of two main physiological "processes of excitation and inhibition" continuously occurring in nervous system, leads to disruption of higher nervous activity. If we take into account other works of the same author, Ivanov N.G. An anomalous subject of the crime. M., 1998, then we can assume that he also regards intoxication as a mental disorder that does not exclude sanity.

On the contrary, A.V. Ragulina points out: "... alcohol intoxication... is not a mental disorder." Ragulina A.V. Criminal legal significance of mental disorders: Dis. ...cand. legal Sci. M., 2000. P. 122. L.L. Kruglikov also believes that intoxication is characterized by the absence of a mental disorder. Commentary on the Criminal Code of the Russian Federation. Rostov n/d, 1996. P. 89. A number of other authors take a similar position. Criminal law: Part General. Part Special / Under general. ed. L.D. Gaukhman, L.M. Kolodkina, S.V. Maksimova. M., 1999; etc. At the same time, they do not provide arguments for their position, thereby refusing to recognize “acute alcohol intoxication”, “acute drug intoxication”, which are certainly mental disorders, as a mental disorder. The opinion of these authors is associated with another: “If it weren’t for this norm, some drunks could not be held criminally responsible for what they did, since due to intoxication they are often actually insane.” Beisenov B.S. Alcoholism: criminal legal and criminological problems. M., 1981. P. 81. We believe that bringing to criminal liability the “actually insane” is a type of objective imputation, while criminal liability for innocent causing of harm is not allowed.

L.Yu. Peremolotova points out that the influence of intoxication on the state of mental activity, on the ability to understand the significance of socially dangerous actions and to direct them by investigative and judicial authorities is practically not subject to special research. There is a presumption of sanity for a person who acts while intoxicated. Peremolotova L.Yu. dis. ...cand. legal Sci. M., 2002. P. 5. However, expert practice shows that although during intoxication there are no changes that occur with psychotic disorders (for example, with pathological intoxication), the ability to consciously regulate behavior can be difficult. Well-known domestic specialist in the field of forensic psychiatry B.V. Shostakovich admits that such difficulties in conscious-volitional behavior are a reality and serve as the basis for posing the problem as a whole. Limited Sanity / Ed. B.V. Shostakovich, V.N. Isaenko. M., 2000. S. 10 - 11.

It seems reasonable to us to make the following conclusion. “Simple” intoxication itself is not a mental disorder, but it may be accompanied by a mental disorder resulting from the use of alcohol, drugs or other intoxicating substances. We find the basis for such a conclusion in the International Statistical Classification of Diseases and Related Health Problems, 10th revision, which is also used in Russia. International statistical classification of diseases and related health problems. M., 1995.

S.I. Nikulin writes that “ordinary alcohol intoxication (to any degree) ... is not associated with such a disorder of mental activity, which is characteristic of mental illness. The same applies to the state of drug intoxication, and to the state arising under the influence of the use of intoxicants (toxic ) substances". Commentary on the Criminal Code of the Russian Federation / Under general. ed. S.I. Nikulina. M., 2001. P. 124. Let us draw attention to the fact that the current criminal legislation does not use the concept of “mental illness”. It only talks about mental disorder. It is also interesting that “pathological intoxication” is also not an independent mental illness.

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bibliographic description:
Degree of alcohol intoxication - 2012.

embed code for forum:
Degree of alcohol intoxication - 2012.

wiki:
— 2012.

In the work of a forensic expert, the question of the lethal concentration of ethyl alcohol in the blood is important. With the introduction of modern methods for determining the level of ethanol, which are quite accurate and specific, a unified scheme for assessing the quantitative content of alcohol in the blood in relation to its functional effect is necessary.

For practical expert work, in accordance with those proposed by V.I. Prozorovsky, I.S. Karandaev and A.F. Rubtsov's (1967) criteria, the following indicative scheme for determining the degree of alcohol intoxication can be recommended:

Degrees of Alcohol Intoxication (1967)

• less than 0.3 ‰ - no influence of alcohol;
• from 0.3 to 0.5 ‰ - slight influence of alcohol;
• from 0.5 to 1.5 ‰ - mild intoxication;
• from 1.5 to 2.5 ‰ - moderate intoxication;
• from 2.5 to 3.0 ‰ - severe intoxication;
• from 3.0 to 5.0 ‰ - severe alcohol poisoning, death may occur;
• from 5.0 to 6.0 ‰ - fatal poisoning.

These figures apply to adults. In children, alcohol intoxication and ethanol poisoning occur at other levels of alcoholemia.

The above criteria are proposed to determine the degree of alcohol intoxication in living persons, but they can also be used when assessing the concentration of ethyl alcohol in the blood of a corpse. The assessment of such results should be carried out with appropriate wording, for example: “... the detected concentration of ethyl alcohol in the blood of the corpse of a citizen... during life could correspond to... the degree of alcohol intoxication.”

Degrees of alcohol intoxication (2016)

• light - blood alcohol concentration up to 2‰, which corresponds to 0.5-1.5 ml of pure ethanol per 1 kg of human body weight;
• average - 2-3% alcohol is detected in the blood, i.e. ethanol was taken at 1.5-2.5 ml per 1 kg of heat mass;
• severe - occurs when the concentration of ethanol in the blood is 3-5‰ or more, which corresponds to 2.5-4.5 ml of alcohol per 1 kg of weight. With severe intoxication, coma develops, which can be the direct cause of death along with asphyxia caused by deep aspiration of vomit and acute heart failure.

Literature data and expert experience allow us to consider average lethal alcohol concentration 3.5-4.0‰, and a concentration of 5.0‰ and above is usually fatal.

However, quite often there are cases when death from ethyl alcohol poisoning occurs when its amount in the blood is less than 4.0-5.0‰ and in the absence of pronounced painful changes in the internal organs, which in themselves could cause death. In this regard, it should be noted that death from acute ethyl alcohol poisoning can occur at any stage alcohol intoxication: during the period of absorption, at the moment of maximum alcohol content in the blood, but much more often - during the period of its release (elimination phase). In the latter case, a relatively long period of time passes from drinking alcohol to death (10-20 hours), so by the time death occurs, the alcohol concentration in the body may be lower than 4.0-5.0‰. This is more often observed in young people who are not accustomed to alcohol. In females, fatal alcohol poisoning can occur at lower concentrations of ethyl alcohol in the blood than in males. In addition, a subtoxic dose for a healthy person accustomed to alcohol can be fatal for someone who is not accustomed to alcohol. Lethal concentrations of alcohol in the blood for people who are habituated to alcohol are, as a rule, 30-60% higher than for people who are not or are not habituated to alcohol. However, in chronic alcoholics, death can occur even from taking relatively large quantities ethyl alcohol.

In people unaccustomed to alcohol, with a single intake of large quantities of alcoholic beverages or high concentrations of alcohol, death often occurs in the resorption phase or at the beginning of the elimination phase.

To calculate the degree of intoxication, the maximum concentration of alcohol in the blood in ppm, and the time it takes for alcohol to be eliminated from the body, we recommend using the alcohol calculator we wrote.

Literature

1. Issues of organizing the examination of alcohol intoxication / Prozorovsky V.I., Karandaev I.S., Rubtsov A.F. // Forensic medical examination. - 1967. - No. 1. - P. 3-8.
2. Addition to the methodological letter “On the detection and determination of ethyl alcohol and blood and urine by gas-liquid chromatography”, M., 1971.
3. Methodological letter “On the detection and determination of ethyl alcohol in cadaveric material and forensic medical assessment of the results of forensic chemical analysis”, M., 1961.
4. Methodological letter “On the determination of ethyl alcohol and blood and urine of corpses by the photometric method”, M., 1964.
5. Methodological letter “On defects in the production of forensic chemical examinations”, M., 1966.
6. On the issue of functional assessment of the results of forensic chemical quantitative determination of alcohol in the blood of living persons and corpses / Prozorovsky V.I., Acherkan N.N., Levchenkov B.D. // Forensic medical examination. - M., 1961. - No. 1. - P. 3-7.
7. Formulation of a pathological diagnosis for alcoholic disease (alcohol-induced pathology). Clinical recommendations / Frank G. A. et al. / Russian Society of Pathologists. – M.: Practical Medicine, 2016. – 20 p.

/ Plis S.S. // Selected issues of forensic medical examination. - Khabarovsk, 2018. - No. 17. — pp. 185-187.

/ Nedugov G.V., Sharafullin G.V. // Bulletin of Forensic Medicine. - Novosibirsk, 2018. - No. 3. — P. 39-43.

/ Klevno V.A., Maksimov A.V., Kononov R.V., Krupina N.A. // Forensic medicine. - 2017. - No. 3. — P. 4-12.

/ Prozorovsky V.I., Karandaev I.S., Rubtsov A.F. // Forensic medical examination. - M., 1967. - No. 1. — P. 3-8.

/ Obukhova L.M., Erlykina E.I., Andriyanova N.A. // Forensic medical examination. - M., 2014. - No. 6. — P. 33-36.

/ Ivanov N.A., Schneider N.M. // Forensic medical examination. - M., 1962. - No. 2. — P. 41-42.

/ Pavlov A.L. — 2014.

/ Pavlova A.Z., Larev Z.V., Kalyokin R.A., Orlova A.M. // Selected issues of forensic medical examination. - Khabarovsk, 2018. - No. 17. — pp. 235-237.

/ Bogomolov D.V., Denisova O.P., Zbrueva Yu.V., Dzhuvalyakov P.G. // Selected issues of forensic medical examination. - Khabarovsk, 2018. - No. 17. — P. 50-53.

/ Konev V.P., Goloshubina V.V., Moskovsky S.N., Bogza M.V., Sorokina V.V., Abubakirova D.E. // Bulletin of Forensic Medicine. - Novosibirsk, 2017. - No. 3. — P. 47-50.

/ Ulanov V.S. // Forensic medical examination. - M., 2017. - No. 4. - pp. 12-13.

Appearing at work while intoxicated is one of the grounds for dismissal of an employee at the initiative of the employer. We will tell you in this article how to record the fact of appearing while intoxicated, as well as what consequences this may entail.

Alcohol intoxication at work: is an inspection report required?

The fact that an employee appears at the workplace while intoxicated can lead to a number of negative circumstances, such as industrial accidents and injuries.

Therefore, if an employee appears at work while intoxicated, he or she may be subject to a number of penalties, including dismissal.

The legal basis for penalties for the offense in question is formed by the following provisions of the Labor Code of the Russian Federation:

1. Art. 76 of the Labor Code of the Russian Federation, which requires that a drunk employee be prevented and removed from work.
2. Art. 81 of the Labor Code of the Russian Federation, which allows you to dismiss an employee who appears at the workplace drunk.
3. Art. 192, 193 of the Labor Code of the Russian Federation on disciplinary liability in the forms:

• comments;
• reprimand;
• dismissals.

In addition, paragraph 42 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 allows an employee to be fired for appearing at work while intoxicated, even if he appeared drunk not at the workplace, but on the territory of the organization during working hours.

A medical examination report, which can subsequently become one of the main pieces of evidence in court proceedings, can serve as a document certifying the employee’s inadequate condition.

Signs of alcohol intoxication for drawing up an act

The Labor Code of the Russian Federation classifies every appearance at the workplace while intoxicated as a one-time and gross violation of labor discipline.

But before applying a disciplinary sanction to an employee, it is necessary to find out whether the alcoholic drinks and other substances voluntary, or intoxication occurred as a result of incorrect use of medications, or these substances were taken by mistake.

Due to the fact that ethyl alcohol breaks down quite quickly in a person’s blood, it is necessary to deliver it for a medical examination as soon as possible. But according to paragraph 42 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, other documents are also accepted as evidence of appearing at work while intoxicated:

• memos;
• witness statements;
• act of appearing in a state of intoxication.

Determining the signs of alcohol intoxication allows you to organize a medical examination in a timely manner or, if it is refused or impossible, to draw up the other above-mentioned documents.

Among the signs of alcohol intoxication for the act are:

1. The characteristic smell of alcohol in the exhaled air.
2. Impaired coordination and human actions.
3. Aggressive mood, behavior.
4. Unstable position.
5. Irritability.
6. The smell of fumes.
7. Lack of understanding, inability to concentrate and misunderstanding of questions being asked.
8. Incoherent speech.
9. Obscene language, swearing.
10. Unsteady gait.
11. Tremor of fingers.

Sample medical examination report for intoxication

Passage order medical examination when appearing at work while intoxicated, it is established in the Procedure for conducting a medical examination for intoxication..., approved. by order of the Ministry of Health of Russia dated December 18, 2015 No. 933n.

The result of its passage will be an examination report for alcohol intoxication, approved by Order of the Ministry of Health of Russia dated December 18, 2015 No. 933n and containing the following information:

1. Data of the person being examined,
2. Details of the documents on the basis of which the examination is carried out.
3. Data from the subject’s words about the last use of alcohol.
4. Information about the presence of alcohol in exhaled air:
   • data on the measuring instrument;
   • serial number of the device;
   • verification period;
   • error.
5. Information about the presence of alcohol in 15-20 minutes.
6. Data on sample collection indicating the results, as well as information on the method and method of research.
7. Other data and research methods.
8. The exact time and date of completion of the study.
9. Research result.
10. Doctor's signature.

You can download a sample document by following the link: Certificate of examination for alcohol intoxication - sample.

Do not forget that according to Part 1 of Art. 20 of the Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” dated November 21, 2011 No. 323-FZ, any person has the right to refuse to undergo this procedure.

An employee being drunk at work: we record the fact

If an employee is found drunk while performing his work duties, in order to correctly document this fact, you must adhere to the following algorithm:

1. An act on the presence (appearance) of the employee at the workplace in a drunken state is drawn up, preferably certified by witnesses. Since there is no unified form for this document, it is drawn up in free form and contains the following information:
   • date and place of compilation;
   • Full name and position of the persons who signed the document;
   • description of the employee's condition;
   • signatures of persons.
2. An order is issued to remove the employee from service. There is also no unified form for such a document, and the information reflected in it should look like this:
   • date, place of compilation;
   • the employer’s will to remove the employee from service, indicating the reason, as well as an article of the Labor Code of the Russian Federation;
   • signatures of the persons specified in the order.
3. The employee is invited to go for a medical examination and is given 2 days to complete and provide explanations (Article 193 of the Labor Code of the Russian Federation) regarding this fact. If an explanatory note is not provided, a refusal certificate is drawn up, certified by the signatures of 2 witnesses. About the consequences of refusing to be examined by a narcologist, see the article Refusal to be examined for drug intoxication.
4. A report is drawn up addressed to the head of the enterprise in any form, with an attached report of being under the influence, a conclusion from a narcologist and an explanatory note (if any).

Dismissal under the Labor Code of the Russian Federation when an employee is found drunk

If an employee appears at work in a state of alcoholic intoxication, the employer has the right to reprimand or reprimand him or immediately fire him.

The algorithm of actions will be as follows:

1. A dismissal order is issued, the unified form of which was approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1.
2. The specified order is recorded in the accounting journal.
3. A calculation note is drawn up according to the unified form T-61, approved by the above-mentioned resolution, and a salary is issued, as well as, if necessary, compensation for unused vacation (more about this in the article Calculation and payment of severance pay upon dismissal).
4. The dismissal order is issued to the employee against signature. If he refuses to familiarize himself with the order, a corresponding note is made about this.
5. The employee’s personal card is filled out, in which the corresponding entry is made, as well as the signatures of the employee who made it and the employee himself. If the employee refuses to sign, a corresponding entry must be made on the card.
6. A corresponding entry is made in the work book.
7. A work book is issued. If this cannot be done, the employee is notified of the need to receive the specified document or give consent to forward it by mail.

***

Being intoxicated at work can have a number of serious consequences. The Labor Code of the Russian Federation calls alcohol intoxication at work a gross violation and one of the grounds for dismissal at the initiative of the employer. A medical examination can serve as the main evidence of intoxication. However, if the employee refuses to undergo it, the act of being drunk at the workplace, memos and witness statements are also accepted as evidence.