There driving under the influence of drugs It is one of the key points of the reform of the Highway Codepromised by the Minister of Infrastructure Matteo Salvini and which still has to receive the final green light from the Senate. To allow us to explain what it is, we must start from the current rules. We will no longer talk about driving under the influence of drugsbut of driving after taking drugs: a huge difference.
Driving under the influence of drugs TODAY (art. 187 Highway Code)
Anyone who drives while impaired psychophysical alteration after taking narcotic substances or psychotropic drugs is punishable by a fine (article 187 of the Highway Code): 1,500 euros, arrest from six months to one year, suspension of the license from one to two years, reduction of 10 points from the same, confiscation of the car (the State becomes its owner). If the driver was driving someone else’s car, the suspension of the license doubles.
In order for the fine to be issued, however, it is necessary to demonstrate that the driver has used drugs immediately before getting into the car, or shortly before. To constitute the crime, a fundamental condition must be met: driving in a state of psychophysical alteration, related to the use of psychoactive substances. Evidence of the intake of psychoactive substances is required: how can it be obtained? With the analysis of a biological matrix (blood or saliva) in a hospital laboratory (not on the road) capable of highlighting current effects on the subject, and not past ones. A causal link between the intake of narcotics and the state of psychophysical alteration is necessary. This is confirmed by the Circular of the Ministry of the Interior of 16 March 2012.
Driving under the influence of drugs: what changes in the new Highway Code
With the new future Highway Code, the temporal connection between drug use and driving will be sufficient to trigger the state of psychophysical alteration. The causal connection between drug use and the state of psychophysical alteration will no longer be necessary. It will be sufficient for the use to be prior to getting into the car. Yes may collect saliva from the driver immediately after the vehicle is stopped.
Guidelines issued by the Ministry of the Interior and the Minister of Health will be needed to have indications on how to carry out the sampling. The tests must be carried out by certified laboratories and according to the technical rules established for forensic toxicology tests. The saliva sampling must be carried out respecting the confidentiality and physical integrity of the drivers: it will allow to verify with certainty the recent intake of the substance. In fact, the salivary fluid constitutes a microfiltrate of the blood, which is the elective matrix for toxicological testing.
Goodbye to the provision of a ministerial decree (provided for by a 2010 law) for the definition of the characteristics of portable instruments, suitable for ascertaining the crime of driving under the influence of psychophysical alteration due to the use of narcotic substances: drug meter. Unfeasible, based on current scientific knowledge.
Checks and sanctions
The driver will not be able to continue the journey on the basis of the preliminary checks and even if the results of the subsequent checks are not available or it has not been possible to obtain them.
The Prefect will arrange for the driver to undergo a medical examination to verify his/her psychophysical requirements within 60 days, with suspension of the license in the event that the driver does not undergo the examination, until the revision exam. If the subject gets behind the wheel during the suspension, the license will be revoked.
Anyone under the age of 21, even with a pink slip, if punished under Article 187 of the Highway Code, will not be able to obtain a driving license before reaching the age of 24.
Sanctions today administrative and criminal provisions include:
- Fine from 1,500 to 6,000 euros.
- Arrest from 6 months to one year.
- Suspension of driving license from 6 months to 2 years.
- Confiscation of the vehicle, if owned by the driver.
- The fine provided for is increased by one third to one half when the crime is committed after 10 pm and before 7 am. The provisions of Article 186, paragraphs 2-septies and 2-octies apply.
Why you shouldn’t take drugs before driving
Risks and dangers of driving under the influence of drugs which can cause unpredictable effects depending on the type of substance, the dose taken and individual sensitivity, making driving behavior extremely unpredictable. Keep these two points in mind:
- Alteration of cognitive abilities: Drugs impair perception, concentration, reaction times and judgment, making driving extremely dangerous.
- Risk of accidents: Driving under the influence of drugs significantly increases the risk of road accidents, with serious consequences for the driver, passengers and other road users.
Read also, Highway Code reform 2024
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