What are the specific requirements of the drunk driving blood drawing regulations?
what are the specific requirements of the drunk driving blood drawing regulations? The contents recorded in the blood sample extraction registration form are very important, mainly including the time and place of blood sample extraction, the information of the person who was extracted in the blood sample extraction, the information of the staff of the public security organ, the information of the operator, the name of the disinfectant used in the blood sample extraction, the container used in the blood sample extraction and the number of blood samples extracted. 1. Time of blood sample extraction. The blood sample extraction must be a reasonable time after the drunk driver is caught. The possible problem is that if there is a long time difference between the time point of blood sample extraction and the reasonable time required for the public security personnel to take the drunk driver from the location where he was caught to the location where the blood was extracted, special attention must be paid. If there is a full-time synchronous audio and video recording, it must be strictly reviewed to ensure that drunk drivers do not leave the video monitoring range; If there is no synchronized audio and video recording in the whole process, the public security organ is required to explain the situation and examine whether the explanation is reasonable; When interrogating criminal suspects, we should also focus on this process. The risks brought by the unreasonable phenomenon at the time node are mainly: whether the drunk driver is the same as the person whose blood is drawn, and whether someone is diluting alcohol artificially. 2. The location of blood sample extraction. The location of blood sample extraction should generally be the medical structure. At present, the public security organs have not encountered the situation of extracting the blood of drunk drivers by themselves. Of course, if the public security organ is equipped with relevant equipment and personnel, it can also be extracted according to law. However, compared with extracting blood in medical structures, the procedural requirements are higher, and at least one of simultaneous audio and video recording and witness meeting is required. 3. Information of the person whose blood is extracted in blood sample extraction. Under normal circumstances, when making the registration form of blood sample extraction, the public security organ should register the information of the person who has been extracted in advance, and after the blood is extracted, it will ask the person who has been extracted to sign for confirmation. We should pay attention to two situations: first, there are obvious differences between the signature handwriting of the person whose blood is extracted and other handwriting of the criminal suspect collected in the volume; Second, the person whose blood has been extracted cannot sign or refuses to sign. In the first case, the public security organ must be required to provide all synchronous audio and video recordings of the case investigation to determine whether the drunk driver is the same as the person whose blood was taken. In the second case, the public security organ is generally required to provide synchronous audio and video recording of the blood extraction process. If there is no video recording, the public security organ shall be required to explain the reasons. 4. Information of staff of public security organs. Under normal circumstances, blood sample extraction requires more than two public security personnel to perform their duties according to law, and requires the above personnel to sign the blood sample extraction registration form. 5. Information of operators. Under normal circumstances, medical institutions are required to have relevant qualifications as operators, such as doctors and nurses, and the above-mentioned personnel are required to sign the blood sample extraction registration form. 6. Disinfectant used for blood sample extraction. Whether the disinfectant used in blood sample extraction contains alcohol is the key to the problem. At present, medical institutions use a wide range of disinfectants based on different diagnosis and treatment behaviors, such as physiological saline, iodophor, anergine, alcohol and so on. If the disinfectant containing alcohol is used to disinfect the blood, it violates the procedural provisions of blood extraction, which is illegal, and the illegal extraction procedure will directly affect whether the expert opinion of the case is objective and legal. Of course, there are also views that even if the disinfectant containing alcohol is used for disinfection, the impact on the identification of blood alcohol content will not be great. In fact, if the evaluation has any influence on the appraisal opinions, there will definitely be from the perspective of trace material evidence. As for how many, at present, there is no scientific evaluation standard; However, this way of thinking is slightly narrow, and its influence is not the essence of the problem. The essence of the problem lies in its violation of procedural regulations. Identification agencies generally do not identify the content of this blood sample. It is generally believed that such cases do not meet the conditions for transfer for review and prosecution. If the problem is found in the stage of review and prosecution, it can not be remedied in terms of evidence, but in terms of the case, it can be directly evaluated as not meeting the conditions for prosecution. 7. Containers used for blood sample extraction. Usually, blood samples that meet the identification requirements require that blood cannot coagulate. Generally speaking, there are two ways to prevent blood from coagulating after extraction: first, add anticoagulant after blood extraction; Secondly, the vacuum anticoagulation tube is directly used for holding. A coagulated blood sample does not meet the identification conditions. For blood samples without anticoagulation measures or with blood samples contained in coagulant tubes, serum and plasma will be separated, which will affect the objectivity of the appraisal opinions on alcohol content in blood. If this happens, the appraisal institution will generally not appraise the sample. In practice, there are also appraisal institutions to appraise the blood sample, but the appraisal opinions will be marked with the word "reference". In the stage of examination and prosecution, it is found that the case of taking blood samples without anticoagulation measures is irreparable in terms of evidence, and can be directly evaluated as not meeting the conditions for prosecution. 8. When examining the blood sample extraction registration form, the label and name of the container containing blood must be registered. Special attention should be paid to the number of the blood sample extraction registration form, which should be consistent with the number of the container containing the sample recorded in the identification power of attorney and the receipt for receiving the sample. At the same time, by examining the name of the container, it can be judged whether the blood contained in the container meets the requirements. For example, heparin sodium anticoagulation tube is widely used in Chongqing, which is in line with the regulations. However, if it is a so-and-so accelerating tube, it can be directly judged as not meeting the normative requirements. What are the specific requirements for drunk driving blood sampling? China has strict regulations on the collection of such criminals and the corresponding blood sampling, which stipulates that the relevant identification of such people must conform to the corresponding rules and regulations of China and be handled accordingly. Relevant departments in China will also handle such incidents reasonably and legally.