DUI blood sampling regulations have what specific requirements

DUI blood sampling regulations have what specific requirements Blood sample extraction registration form records the content is very critical, mainly including the time and place of the blood sample extraction, blood sample extraction in the extraction of blood people's information, public security organs staff information, operator information, the name of the disinfectant solution used in the extraction of blood samples, blood samples extracted from the use of the containers used in the extraction of blood samples, blood samples extracted from the number of. 1. Time of blood sample extraction. The blood sample must be taken at a reasonable time after the drunk driver has been seized. A possible problem here is that if there is a long time gap between the time of blood sample taking and the reasonable time needed for public security officers to bring the drunk driver from the place of seizure to the place where the blood is extracted, special attention must be paid to it. If there is full synchronized audio-visual recording of the whole process, it must be strictly reviewed to ensure that the drunken driver is not out of the scope of the video surveillance; if there is no full synchronized audio-visual recording of the whole process, the public security authorities will be required to explain the situation and examine whether the explanation is reasonable; this process should also be emphasized in the interrogation of the suspects. The risks associated with the existence of unreasonable phenomena regarding the time point are mainly: whether the drunk driver and the person whose blood was extracted are the same, and whether there is any artificial dilution of alcohol. 2. The place where the blood sample is taken. The place where blood samples are taken should generally be a medical structure. At present, we have not yet encountered the situation where the public security organs take the blood of drunken drivers on their own. Of course, if the public security organs are equipped with relevant equipment and personnel, they can also be extracted in accordance with the law, but in the review, compared with the extraction of blood in medical structures, the procedural requirements are higher, at least synchronized audio-visual recording and witnesses to have one of them. 3. The information of the person whose blood is extracted in the blood sample extraction. Generally speaking, when the public security organs make the registration form for blood sample extraction, they have to pre-register the information of the person whose blood has been extracted, and after extracting the blood, they will ask the person whose blood has been extracted to sign to confirm. Attention should be paid to two situations: first, the signature handwriting of the person whose blood was extracted differs significantly from other handwriting of the suspect collected in the file; second, the person whose blood was extracted is unable to sign or refuses to sign. For the first situation, the public security organs must be required to provide all the synchronized audio and video recordings of the case investigation, in order to determine whether the drunk driver and the person whose blood was extracted is the same. For the second situation, the public security organs are generally required to provide synchronized audio and video recordings of the blood extraction process, and if there are no recordings, the public security organs should be required to explain the reasons. 4. Information on the staff of the public security organs. Generally, the extraction of blood samples requires two or more public security personnel to perform their duties in accordance with the law, and the aforementioned personnel are required to sign the registration form for the extraction of blood samples. 5. Information of the operator. In general, the medical institutions are required to have people with relevant qualifications as operators, such as doctors, nurses, etc., and the above personnel are required to sign on the blood sample extraction registration form. 6. Sterilizing solution used for blood sample extraction. Whether the disinfectant used for blood sample extraction contains alcohol is the key to the problem. At present, medical institutions use a wide variety of disinfectant solutions based on different diagnostic and therapeutic behaviors, and the common ones are saline, iodophor, amyl iodine, and alcohol. If the use of alcohol containing disinfectant disinfection when extracting blood, it is a violation of the procedural provisions of blood extraction, the extraction procedure is illegal, the extraction procedure is illegal, will have a direct impact on the case of the objectivity and legality of the appraisal of the opinion. Of course, there is also the view that even if the use of alcohol containing disinfectant disinfection, the impact on the identification of blood alcohol content will not be very large. In fact, if the evaluation of the identification opinion has no effect, from the point of view of trace evidence will certainly have, as to how much, at present, has not seen the scientific evaluation standards; However, this way of thinking is slightly narrow, its impact is not the essence of the problem, the essence of the problem lies in the violation of procedural provisions. Appraisal organizations generally do not identify the content of this blood sample. It is generally recognized that such a case does not meet the conditions for referral for examination and prosecution, or for instituting public proceedings. If the problem is found at the stage of examination and prosecution, there is no remedy in terms of evidence, but in terms of the case, it can be directly evaluated as not meeting the conditions for prosecution. 7. The container used for blood sample collection. Usually meet the identification requirements of blood samples require blood can not be coagulated, the extraction of blood does not coagulate the way in general in the operation of two ways: one, after the extraction of blood to add an anticoagulant; Second, the direct use of vacuum anticoagulant tubes containers. A coagulated blood sample is not eligible for identification. Blood sample samples without anticoagulant measures or the use of anticoagulant tube containing blood sample samples, serum and plasma will be separated, in the separation, will affect the objectivity of the identification of the opinion of the blood alcohol content. If such a situation occurs, the appraisal organization will generally not conduct an appraisal of the sample. In practice, there are appraisal organizations to identify the blood sample, but the appraisal opinion will be marked "reference". In the prosecution stage, found that the extraction of blood samples without anti-coagulation measures, the evidence is no relief, as far as the case is concerned, can be evaluated directly does not meet the prosecution conditions. 8. When reviewing the registration form for the withdrawal of blood samples, the label and name of the container containing the blood must be registered. Special attention should be paid to the number of the blood sample extraction registration form, the number should be consistent with the identification of the letter of entrustment, receipt of samples of the receipt of samples of the number of containers containing samples. At the same time, by reviewing the name of the container, you can determine whether the container contains blood in accordance with the regulations. For example, sodium heparin anticoagulant tubes, used more in Chongqing, is in line with the regulations. However, if it is a so-and-so procoagulation tube, it can be judged directly as not complying with the normative requirements. DUI blood sampling regulations have what specific requirements, our country on this type of criminal collection and the corresponding blood sampling blood samples collection has more strict regulations, the provisions of this type of people related to identification work must comply with the corresponding rules and regulations of our country, the corresponding processing. The relevant departments of our country will also be reasonable and lawful for such events.