In practice, often the question is raised as to whether it is acceptable to it is driving after using methadone.
What is methadone?
In the Ordinance on the Classification of Plants and Substances as Narcotics, methadone is included in List II – Substances with a high degree of risk, used in human and veterinary medicine. It may only be prescribed to patients in opioid agonist and agonist-antagonist treatment programs (methadone/maintenance programs) by their treating psychiatrist. In the Regulation on the order for the classification of plants and substances as narcotic drugs, methadone is included in List II – Substances with a high degree of risk, used in human and veterinary medicine. May be prescribed only to patients in programs for treatment with opioid agonists and agonist-antagonists (methadone/maintenance programs) by their treating psychiatrist.
According to the annual report on drug-related issues and drug addiction in Bulgaria, at the end of 2022, there were 28 such treatment programs operating in the country, located in 13 cities: Blagoevgrad, Burgas, Sofia, Plovdiv, etc. As of December 31, 2022, 2,850 people were enrolled in agonist and agonist-antagonist treatment programs, i.e., 78.4% of their capacity was filled, with 2,762 people undergoing treatment with methadone hydrochloride. The use of methadone may have a negative effect on activities requiring increased concentration and attention, including driving.
Given the psychoactive properties of methadone, it can be used only as only as a medication for the treatment of opioid type addictions, but it is possible and to be used as a narcotic substance for obtaining its psychoactive effects. That is why the question of whether it is permissible to drive after using a narcotic drug is admissible. it is acceptable to drive after using methadone reveals a number of peculiarities.
When is there a crime involved in driving after using methadone?
The Bulgarian Penal Code provides for imprisonment of one to three years for any person who drives a motor vehicle after using narcotic substances or their analogues. Following an amendment in the fall of 2023, this type of offense also provides for the confiscation of the guilty driver’s vehicle if it is their property and the award of the equivalent value of the vehicle if it is owned by a third party.
The broad wording of the criminal offense, which criminalizes not only driving under the influence of narcotic substances, but also driving after their use, poses some practical problems, which we will examine in more detail.
Here is the place to point out that in Bulgaria in principle the use of narcotic substances is not a crime. Of course, there are some private cases in which such use could a16> could be classified as a crime. You can familiarize yourself with these cases in the ” Drug use. Is it prohibited?”.
At the same time, when charges are brought against a person who has used a narcotic substance a certain amount of time before driving, but who was fit to drive at the time of the offense, the question arises as to whether an inadmissibly broad interpretation of the Criminal Code is being applied, thereby criminalizing the use itself.
This statement applies even more strongly to charges brought for driving after using methadone when the substance is used as a prescription medication as part of a methadone treatment program. In this case, criminal liability for driving after using methadone should not be incurred if the following conditions are met:
1/ The person is not in the initial stage of methadone treatment
Methadone is a psychoactive substance. This characteristic makes it a substance that can be addictive. One of the essential signs of addiction is the development of tolerance to the substance on which the person is dependent. This means that the more the substance is used, the higher the dose needed to achieve the initial effect.
When treating with methadone under medical supervision and within a methadone program, the dose either remains unchanged over time or, after a certain period and at the discretion of the physician, begins to be gradually reduced. Thus, it turns out that over time, methadone continues to have its therapeutic properties, but its psychoactive effects disappear and the patient is able to drive after using methadone, as no change in consciousness is observed.
2/ The treating physician has expressly authorized the patient to drive after using methadone. a6> drive after using methadone
The effect of methadone on the patient’s consciousness, and therefore their ability to drive after using methadone, should be assessed on a case-by-case basis. It is most appropriate for this assessment to be made by the treating physician.
3/ It is necessary to establish that the amount of methadone found in the blood corresponds to the specific prescribed dose. a6> methadone corresponds to the specific prescribed therapeutic dose
Such a determination can only be made if the driver has provided a blood sample. It is precisely for this reason that providing such a sample in the event of a positive field test for methadone is absolutely mandatory for the purposes of successfully defending oneself in any criminal proceedings.
Cases from practice
Case law regarding the criminal liability of drivers who have driven after using methadone is still contradictory, although in recent years it has increasingly tended to acquit patients on methadone programs for whom the three conditions listed above are established.
Case 1:
Georgi* was tested by police officers using a Drager Drug Test 5000 device (No. ARJM-0036) for the use of narcotic substances or their analogues. The test showed a positive result for methadone. Georgi did not deny that he uses methadone hydrochloride daily as prescribed by a doctor, as he is enrolled in a methadone program for the treatment of heroin addiction. He also did not deny that on the day of the test, he had used methadone hydrochloride in the prescribed dose at the prescribed time.
Georgi gave a blood sample, which established concentration of methadone in his blood his, which corresponded to the prescribed therapeutic dose.
He was charged with driving after using methadone, because methadone is a narcotic substance. However, the court acquitted him, accepting that under controlled use and explicit medical supervision, driving after using methadone is not a crime.
Case 2:
Ivaylo* was stopped for a routine police check to verify the validity of his documents. As his behavior seemed suspicious to the police officers, they decided to test him for the use of narcotic substances or their analogues. The test showed a positive result for methadone. Ivaylo gave a blood sample, but the concentration of methadone in his blood was not only far above the usual therapeutic dose, but no evidence was found that he was a patient enrolled in a methadone program for the treatment of opioid dependence. This shows that in this case, the police officers found a driver under the influence of methadone.
In fact, Ivaylo used methadone as a drug because of its psychoactive effects, and his decision to drive after using methadone was recognized by the court as a crime.
* The names have been changed
Защита при обвинение за шофиране след употреба на метадон?
In cases where driving is established after use of methadone by a driver, who is enrolled in a methadone program and uses a11> the medication strictly in accordance with the prescriptions of the treating physician shall not a18> shall bear criminal liability. In the event that against him is brought a charge, the sentence shall be acquittal acquittal, since such driver in no way endangers transport safety.
In cases where a driver is found to have driven after using methadone, not as a medicine but as a drug, the sentence will be a conviction, as this constitutes a criminal offense.
With proper defense by an experienced criminal lawyer, it is possible to obtain a suspended sentence if the guilty driver has not been convicted of imprisonment for a crime of a general nature or if they have been convicted and rehabilitated.
In cases where the guilty driver has a4> previous convictions and has not been rehabilitated for them, a suspended sentence is impossible. If it is established, however, the existence of dependence on opioids, including to methadone in relation to the driver, who has used it, because of its psychoactive properties, and not as a medicine, this fact can can be interpreted as an exceptional mitigating circumstance of responsibility, which may lead to a lower penalty in terms of severity.
Conclusion
Frequent are cases when individuals undergoing a methadone treatment program are found guilty of driving after using drugs, due to the detection of traces of methadone in their blood. However not every every person taking methadone is unfit to drive a motor vehicle. In each specific case the following shall be prove the fact that it concerns a controlled intake and to establish whether the driver of the motor vehicle was in a condition allowing him to perform this activity.
Author: Diana Pertalskaya
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