Clinical exam for intoxication (embriaguez)
- Procedure
An exam that documents whether a person shows signs of intoxication by alcohol or other substances, to what degree, and rules out other causes.
What it is
The clinical exam for intoxication (examen clínico de embriaguez) assesses whether a person has changes in consciousness, behaviour, speech and coordination compatible with intoxication by alcohol or other psychoactive substances. The authorities request it after traffic collisions, fights and other events, and it is also done in emergency care. It does not replace measuring alcohol in blood or breath, but complements it: the same blood alcohol level has different effects depending on tolerance, and other diseases can look like intoxication. In Colombia, Law 1696 of 2013 states that intoxication or blood alcohol is determined by a test that causes no injury, defined by the INMLCF, and sets four grades for traffic penalties.
What to document
- Exact time of the exam and of sampling: blood alcohol changes over time and can keep rising after drinking stops.
- Every sign examined, normal or abnormal, not just the conclusion.
- Diseases, medicines and injuries that could explain the findings.
- Consent or refusal, and who was present.
How it is done
- Treat first: rule out hypoglycaemia, head injury, hypoxia and other emergencies.
- Obtain the person's consent; if refused, record it and follow the authority's instructions.
- Record the time of the exam and of the event, reported drinking, last intake, medicines and diseases.
- Observe appearance, behaviour, orientation, attention, memory and speech (dysarthria, incoherence).
- Look for alcohol on the breath, conjunctival injection, pupil size and reactivity, and nystagmus.
- Assess coordination: gait, Romberg, finger-to-nose and turning, compared with prior ability if known.
- Collect blood or urine for alcohol and toxicology as the case requires, under chain of custody.
- Conclude whether there are signs compatible with intoxication and their clinical intensity, and list alternative diagnoses.
Next step: what to do and document
- Treat the intoxication and injuries; watch the airway and breathing in severe intoxication.
- Write the report with objective signs and a cautious clinical conclusion; the blood alcohol figure comes from the laboratory.
- Hand over the samples under chain of custody and record the time of each collection.
- Without an accused person's consent, taking bodily samples requires review by the judge of guarantees (Law 906 of 2004, art. 249).
- Official text checked on 2026-11-05 at funcionpublica.gov.co.
Common mistakes
- Concluding intoxication from alcohol on the breath alone: it shows drinking, not the degree of intoxication.
- Blaming alcohol for reduced consciousness caused by head injury, hypoglycaemia or mixed intoxication.
- Not recording the time: without it the laboratory result cannot be interpreted.
- Giving a conclusion without describing the signs that support it.
Test yourself
Think of the answer, then tap the question to see it.
Is alcohol on the breath enough to conclude intoxication?
No. It only shows that drinking occurred; intoxication is concluded from clinical signs and confirmed by measurement in blood or breath.
Which conditions can be mistaken for alcohol intoxication?
Hypoglycaemia, head injury, hypoxia, the postictal state, metabolic encephalopathies and intoxication by other substances.
What does Law 1696 of 2013 provide if a driver refuses the intoxication test?
Licence cancellation, a large fine and impoundment of the vehicle (art. 152 of Law 769 of 2002, paragraph 3, as worded by Law 1696).
Why must the time of the blood sample be recorded?
Because blood alcohol changes over time: it can keep rising after drinking stops and then falls; without the time it cannot be interpreted.
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Connections
Educational content on forensic and legal medicine; not legal advice and no substitute for the technical guides of Colombia's National Institute of Legal Medicine and Forensic Sciences. Laws change: each page links the official text and says when it was last checked. For a real case, follow the guide in force and ask the competent authority.
Sources: Ley 1696 de 2013, conducción bajo el influjo del alcohol u otras sustancias psicoactivas (Función Pública, Gestor Normativo, 2013); Ley 906 de 2004, Código de Procedimiento Penal (art. 249) (Función Pública, Gestor Normativo, 2004); Understanding the dangers of alcohol overdose (National Institute on Alcohol Abuse and Alcoholism (NIH), 2025).
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