Driving under the influence of drugs: Is it permissible to refuse to give a urine sample?

What does the law say about driving under the influence of drugs?

Is it allowed to use medical cannabis while driving and what is not allowed and allowed to tell a police officer who requires you to do a drug test?

all the answers

In conjunction with Legal Zap

18/05/2022

Wednesday, May 18, 2022, 09:45

• Share on Facebook

• Share on WhatsApp

• Share on Twitter

• Share on Email

• Share on general

• Comments

  Comments

Driving under the influence of drugs (Photo: ShutterStock)

If you have been arrested by a police officer on suspicion of driving under the influence of drugs, you should immediately seek legal advice and do not rush to submit a version of the suspicions - this is the bottom line from a review of existing sections of the law regarding driving under the influence of drugs.

According to Adv. Hatem Asala, who specializes in traffic law, the danger in such a situation is that a driver who has no evidence against him will give an incriminating version, which will complicate him up to the neck. Hatem Asala.

"The law treats driving under the influence of dangerous drugs very strictly. First of all, it is important to understand that from the point of view of the law even the presence of a tiny amount of drug in the blood of the person driving it is prohibited and will result in severe sanctions."

The Traffic Ordinance which sets out the ban on driving under the influence of drugs defines the ban very broadly, as one of the alternatives of drunk driving.

"The prohibited drugs used in driving are those defined in the Dangerous Drugs Ordinance and these are included under a very long list of drugs," including any preparation, compound or mixture thereof, "notes Attorney Assala.

"As mentioned, this is a long list of drugs that are banned from driving - from marijuana, through ecstasy to cocaine, cannabis and more," says Asala.

He said a person could be charged with driving under the influence of drugs even if he had used the drug days and even weeks earlier or was a passive user at all.

"The legislature is very rigid in this aspect. Traces of the drug that may be in the driver's blood for a long time may frustrate him even if the effect of the drug has passed long before."

"Although in recent years there has been a trend of legalizing medical cannabis, in terms of dry law its use is still prohibited from driving. Although there is a thought to allow the use of driving under the influence of medical cannabis in certain circumstances, it is not yet enshrined in law."

Is it possible to arrest a driver on suspicion of driving under the influence of drugs in any case?

"No, unlike driving under the influence of alcohol, by law a driver can be arrested on suspicion of driving under the influence of drugs only in a limited number of cases - either the driver raises a reasonable suspicion that he is driving under the influence of drugs or police have intelligence that the driver is under the influence of drugs."

Advocate Asala explains that after a suspicion of driving under the influence of drugs, a police officer can demand a custom to perform tests for drug detection - from giving a urine sample to a blood test. To him, "notes Adv. Asala.

This is because the very refusal establishes a legal presumption that the same person acted under the influence of drugs.

"If you refuse to pass the test, even if you have not used drugs, you may be charged with driving under the influence of drugs," adds Adv.

"Drug tests are only allowed for drivers if there is a well-founded suspicion of driving under the influence of drugs, but the police should be extra careful in these tests. First, the police officer in charge of the test is required to prepare a detailed report regarding the suspicions.

Second, the driver must be supervised from the moment of arrest until the test is given, and thirdly, it must be shown that the handling of the same sample was proper throughout.

"Any malfunction in the handling of the sample can have great significance for the driver, and this issue must be taken very seriously," says Adv. Asala.

"Skilled lawyers know how to spot weaknesses in the way the police conduct themselves."

"The most important thing to remember is not to provide unnecessary information on your own initiative," says Adv. Asala.

"Beware of saying things you will regret, and in any case contact a lawyer who specializes in the subject as early as possible," says Adv. Assala.

"If you hurry to cooperate with the investigation, you may make unnecessary mistakes that will cost you dearly."

the

firm 's page

• Sentence

• Criminal and traffic

Tags

• Driving under the influence of drugs