Today the anti-corruption review of amendments to the Code of Administrative Offenses is concluding, with new rules that would allow authorities to punish drivers not only for drinking alcohol, using drugs, or taking psychotropic substances, but also for traces of certain medicines detected in urine or blood. These changes broaden the scope of what can lead to penalties, including fines and the deprivation of rights, reflecting a stricter stance on perceived impairment behind the wheel.
In prior practice, courts sometimes penalized individuals for small doses of substances like phenibut, phenazepam, or certain antidepressants. However, the Constitutional Court noted that Article 12.8 of the Code could be interpreted ambiguously, prompting the State Duma to introduce clarifying amendments. The Interior Ministry took charge of drafting the adjustments.
The forthcoming amendments propose that medical examiners conducting driver screenings should assess not only test results for alcohol or drugs but also the clinical presentation. In other words, the determination of whether a driver is intoxicated would rely on a comprehensive medical assessment rather than solely on laboratory findings.
The procedure and criteria for the medical examination are to be set by the Ministry of Health, according to an explanatory note accompanying the bill. Historically, clinical signs of intoxication—such as slurred speech, facial redness, instability in the Romberg stance, and hand tremors—were part of the assessment up to 2008. After that, doctors tended to focus exclusively on test results. If two breathalyzer tests showed a negative result at a 20-minute interval, no charges followed. The plan now is to revert to the broader approach, re-emphasizing the clinical picture alongside objective tests.
As of now, the amendments do not include a definitive list of prohibited substances or their concentrations. The Ministry of Health emphasizes that this gap must be addressed and resolved, aiming for a clearer framework.
What makes the issue difficult?
Medical professionals acknowledge the need to account for the clinical picture, but they also point out that the professional standards of clinicians have changed over time. Past experiences showed higher levels of expertise, and there is concern that present-day conditions could complicate consistent application of the rules.
Regarding the driving impact of modern pharmaceuticals, there are many drugs in use today, which would require substantial time and effort to evaluate on a case-by-case basis. Current guidelines and instructions may not be sufficient to cover the breadth of possible substances and their effects on driving ability.
A source: Commercial
Photo: Depositphotos
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