Driving under the influence of narcotics is a serious offense that can lead to significant consequences, including financial penalties and the suspension of your driver’s license. In this article, we will examine the legal requirements associated with this offense and the available defense options.
What the Law States
According to Article 187 of the Road Code, anyone who drives in a state of psycho-physical alteration after taking narcotics can be punished with a fine ranging from 1,500 to 6,000 euros and imprisonment for six months to one year. Additionally, their driver’s license can be suspended for a period of one to two years.
However, it is important to emphasize that the law does not punish simply driving after taking narcotics but rather driving in a state of psycho-physical alteration caused by these substances. These are two distinct concepts.
Key Difference Between the Two Situations
The law aims to penalize those who pose an actual danger to road safety due to the use of narcotics. Merely testing positive for drugs after being stopped by the police is not sufficient. It must be demonstrated that the substance’s intake actually caused a psycho-physical alteration while driving.
A case to consider is that of an individual who was stopped at a checkpoint and tested positive for drugs. However, if they can prove that the intake occurred long before the stop and that they were no longer under the influence of the substance at the time of driving, they may not be found guilty of the offense of driving under the influence of drugs.
A Concrete Case
In a specific case we handled, our client was accused of driving under the influence of drugs because they tested positive for drugs. However, we were able to demonstrate that the substance had been taken long before the traffic stop and had no impact on their ability to drive safely. Consequently, they were acquitted of the charges.
Why You Should Consult a Specialized Lawyer
If you find yourself facing accusations of driving under the influence of narcotics, it is crucial to consult with an experienced attorney. We have successfully handled numerous cases of this nature and can provide you with the best possible defense.
Additionally, it is essential to remember that driving after using narcotics is dangerous for your safety and that of others on the road. Our primary advice is always to avoid this situation and refrain from endangering your life and the lives of others.
If you need legal advice or wish to entrust your case to us, do not hesitate to contact us using the forms below. An attorney specializing in cases of driving under the influence of drugs will be ready to assist you.