Police authorities have the power to arrest drivers for driving under the influence of drugs in cases where a motor vehicle driver tests positive. However, police detention is not mandatory, but only an option for the police when other, less restrictive measures cannot achieve the objective pursued by the law. This objective is to prevent drivers who are not sober from driving a motor vehicle. The need for such a restriction stems from the fact that this is an activity that involves a high degree of danger.
In cases where there is a positive test for drug use, the law allows the police to revoke the driver’s license and temporarily suspend the registration of the vehicle if it is owned by the driver. When police officers exercise this power, they effectively prevent the person being checked from endangering other road users by driving after using drugs.
In practice, however, regardless of the fact that the license to drive a motor vehicle has been revoked, and the registration of the car has been temporarily suspended, police officers must proceed and to detain for driving under the influence of drugs. This happens even when the test is falsely positive.
The lack of sufficient material capacity and human resources in the accredited laboratories on the territory of the country, which examine samples for the presence of the disease, is a serious obstacle to the implementation of the program. a7> laboratories on the territory of the country that test biological samples from blood and urine for use of narcotic substances, leads to extremely long delays in results from chemical – toxicological laboratory testing. During this time the driver, who gave a false positive sample with a test spent 24 hours in custody under the conditions of detention for driving under the influence of drugs, which he did not commit, as well as having remained without a license, and in many cases – and without a car.
In these circumstances, the driver is entitled to compensation from the state for being unlawfully detained and left without a license and without a car.
Silvia Petkova Sole Proprietorship Law Firm is the first law firm in the country to file and win a lawsuit for compensation for a false positive drug test. Since then, the firm’s specialists have handled dozens of cases challenging the acts of detention for driving under the influence of drugs, revocation of driving licenses, and termination of vehicle registration, as well as seeking compensation for the inconvenience suffered by drivers.
Arrest for driving under the influence of drugs – the case.
Ivelin* is a young man with no criminal record and good character references who has never used drugs. For this reason, when he was stopped for a routine check by police officers, who explained that he would be tested for drug use, he agreed to the test.
The first sample was not accepted by the police officers because insufficient saliva had been collected.
On the second test, and to Ivelin’s surprise, the device showed a positive result for cannabis.
The police officers immediately proceeded to arrest him for driving under the influence of drugs, confiscated Ivelin’s driver’s license, and terminated the registration of his vehicle.
Ivelin contested the test result and requested to be accompanied to the Military Medical Academy to provide biological samples to prove that he had been driving after using narcotic substances. As this accompaniment is a legal obligation of police officers, they took him to the medical facility, where he gave blood and urine samples.
Ivelin was then taken in handcuffs to the local police station to serve his sentence for driving under the influence of drugs.
Immediately after his release, Ivelin contacted the law firm to proceed with a legal challenge to both his detention and the orders revoking his driver’s license and terminating the registration of his car.
At present, there are court rulings in force regarding Ivelin, recognizing the illegality of the revocation of his driver’s license and the termination of his car registration. This happened following a complaint filed by Ivelin with the assistance of the sole proprietorship law firm “Silvia Petkova.”
* In order to preserve attorney-client privilege, the name has been changed.
Arrest for driving under the influence of drugs – the decision of the court.
Based on the complaint filed by Ivelin with the assistance of the law firm, the court revoked as incorrect and unlawful the order by which he was detained for drug possession.
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More information about the cases won by the firm’s specialists can be found in the “News” section.
Sole proprietorship law firm company “Silvia Petkova” is a specialized criminal law law firm with extensive experience in defending drivers with false positive drug tests.
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Tel. 0885 47 77 57.
Email: office@petkovalegal.com
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