Overview of current rulings on drug impairment and driving
The Supreme Court of Appeals has issued guidance referencing the Constitutional Court’s decision in a recent judicial practice review. Courts have been instructed not to penalize drivers whose intoxication stems from substances that impair sobriety but are not alcohol-based, provided those substances were consumed and affect driving ability. The guidance appeared in a report published on the eve of Rossiyskaya Gazeta.
At present, the ruling is temporary. No changes have been made to the formal law yet.
The Constitutional Court of the Russian Federation ruled that, until legislative amendments are enacted, driving while under the influence of non-alcoholic drugs or psychotropic substances cannot automatically form the basis for a criminal penalty. Responsibility under the relevant article remains in question until law is updated.
Additionally, the Ministry of Internal Affairs has issued a decision that currently precludes prosecution for drivers who test negative for alcohol, drugs, and psychotropic substances in urine and blood, yet show traces of other drugs. This development mirrors ongoing efforts to refine enforcement rules during a transitional period.
The penalties for alcohol or drug impairment are outlined in Article 12.8 of the Administrative Offenses Code. The article provides for a fine of 30,000 rubles and a suspension of driving rights for one and a half to two years when intoxication is detected. Penalties apply when the ethyl alcohol concentration exceeds 0.16 milligrams per liter of breath or 0.3 grams per liter of blood, or when drugs or psychotropic substances are found in the body.
The origin of the debate
Rossiyskaya Gazeta notes that a clarification of how the law operates began a few years ago following a specific incident in Salekhard. In August 2021, Vasily S. found himself stuck in his car on a city street late at night. Passers-by offered help, which he refused, and witnesses reported odd behavior. A medical check revealed the presence of gabapentin, an anticonvulsant used for epilepsy and neuropathic pain, and nimesulide, a non-steroidal anti-inflammatory drug. While these substances are not narcotics, they can influence judgment and behavior.
A district court considered these substances to occupy a medical gray area. Their use is not illegal per se, but they can impact driving, leading the judge to pause the case and request guidance from the Constitutional Court.
On November 24, 2022, the Constitutional Court found that Article 12.8 of the Administrative Offenses Code contains a loophole that can hinder prosecution for drunk driving and ordered lawmakers to address the gap. The Kursk region’s judicial system press service noted a case involving a 39-year-old man from the Timsky district who lost his driving rights for a year and a half after phenobarbital appeared in his blood. Phenobarbital is a barbiturate and is listed among narcotics and psychotropic substances and their precursors; it is also known to be an active ingredient in products like Corvalol and Valocordin. The individual claimed that he took the drug to feel better and did not intend harm.
Closing the gap and moving forward
A draft amendment to the Administrative Offenses Code has already progressed to public debate and is supported by the government. The proposal suggests treating cases where hard-to-detect or trace amounts of intoxicants are present as driving under the influence, with a note added to Article 12.8 stating that the use of alcoholic, narcotic, or psychotropic substances, or similar intoxicants, or new potentially dangerous psychoactive substances, is prohibited. This step aims to clarify enforcement and reduce ambiguity in cases where the exact agents affecting a driver are not easily identifiable.
However, the draft does not specify who will determine which substances are included on the list or how such a list will be constructed. This area remains unsettled, with ongoing questions about attribution and the scope of substances that could be deemed impairing under traffic laws.
In the meantime, enforcement continues under the existing framework with caveats and transitional guidance in effect while lawmakers work toward a more comprehensive standard for substances that impair driving performances. Citations: Rossiyskaya Gazeta and official judicial communications.