Did You Know You Can Appeal a Fine for Testing Positive for Drugs While Driving?

The increase in fines for driving under the influence of drugs over the past years is considerable, with a 30% rise. But did you know that it is not uncommon for someone to test positive even if they consumed substances days before and are not under their effects while driving? Penalties can reach up to 1,000 euros and involve the loss of up to 6 points on your driving license. In fact, these penalties not only immediately impact the offender's wallet but can also have long-term economic repercussions, according to Pyramid Consulting, experts in traffic and transportation.

The so-called Drogotests, rapid tests that determine the presence of substances in the body, have been controversial. They are performed using biological samples such as saliva, urine, and blood. Although saliva is the most common, its limitation is that it only indicates the presence of drugs over a short period. On the other hand, urine can detect drugs consumed days before, while blood offers the most accurate information, although it is invasive.

However, it should be noted that a positive result does not always indicate that the driver is under the influence of drugs at the time of driving. Multiple factors can lead to a positive result even if the person has not recently consumed substances. For example, some drugs can remain in the body for days or even weeks after consumption. Imagine you go out with friends over the weekend, consume some type of substance, and get stopped at a checkpoint on Monday on your way to work—you could test positive!

This means that someone who drives without being immediately under the influence of a drug can test positive simply because the substance is still present in their system. Even the presence of certain substances in medications or foods can yield a positive result in these tests.

Additionally, the validity of a Drogotest can be compromised by errors in the chain of custody of the test. If proper protocols are not followed in collecting and handling the sample, any result can be questioned. From the moment the test is performed until its analysis in the laboratory, each step must follow strict regulations to ensure that the result is reliable. Any failure in this process can provide a solid basis for appealing the fine.

If you have received a fine, it is important to remember that you have the right to appeal it. The first step is to thoroughly review how the procedure was conducted and gather as much evidence as possible. Often, fines that seem unfounded can be challenged. The defense may focus on aspects such as how the test was performed, the validity of the results, or how the presence of substances in your body was interpreted.

The process for appealing involves submitting allegations within the stipulated period, usually 20 days after receiving the fine. The allegations must include complete documentation and evidence supporting your defense. If the response to your allegations is negative, you can appeal to a higher authority or ultimately take your case to court. It is crucial to follow all steps correctly to maximize your chances of success.