The clinic is important: taking medications will not be grounds for revocation of rights

The State Duma has previously approved amendments to the Administrative Code concerning driving under the influence of drugs that impair attention and reaction. The conclusion about the state of intoxication of such motorists will be made taking into account the clinical signs of intoxication, and not only upon the discovery of prohibited substances in their bodies. The details are in the Izvestia article.

Taking into account the signs

The State Duma approved in the first reading amendments to the Administrative Code of the Russian Federation clarifying the onset of liability for drivers who drove a vehicle under the influence of drugs that impair attention and reaction. This is reported on the website of the lower house of parliament.

The amendments supplement the note to Article 12.8 of the Administrative Code of the Russian Federation "Driving a vehicle by a driver who is intoxicated, transferring control of a vehicle to a person who is intoxicated" with a note stating that administrative liability will occur "if, according to the results of a medical examination for intoxication in the body...> substances (groups of substances) found to be part of medicines that impair attention and reaction, but not related to ethyl alcohol, narcotic drugs, psychotropic substances or their analogues, or new potentially dangerous psychoactive substances, intoxicating substances, and a set of clinical signs of intoxication resulting from the use of intoxicating substances has been established."

Photo: Global Look Press/Petrov Sergey

According to current legislation, the basis for liability under this article of the Administrative Code (deprivation of rights for one and a half to two years and a fine of 45 thousand rubles) is the very fact that the driver's tests contain substances that are part of some medications, regardless of quantitative indications. At the same time, as noted by narcologists, the content of such substances in a number of drugs is minimal and, if the dosage is followed according to the instructions, they do not affect human attention and reaction.

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After the law is passed and comes into force (the timing is still unknown), if such substances are found in the driver's body, a medical report will have to be submitted taking into account the clinical signs of intoxication.

Photo: Global Look Press/Bulkin Sergey

The text of the draft law also states that the list of substances (groups of substances) included in medicines that impair human attention and reaction should be established by the Government of the Russian Federation.

Such a list is already being prepared by the Ministry of Health of the Russian Federation together with the expert community, Deputy Minister of Health of Russia Oleg Salagai said at a meeting of the State Duma. According to him, it is assumed that it will include, in particular, antiepileptic and anesthetic drugs. In addition, he stressed that "there is a material and technical base for conducting tests for the presence of various substances in the human body in the Russian Federation."

This draft law was developed by the government in accordance with the order of the Constitutional Court, which in November 2022 recognized the note to Article 12.8 of the Administrative Code as inconsistent with the Constitution of the Russian Federation.

One list is not enough

The approved bill makes the issue of bringing to justice drivers who have taken certain medications before the trip less acute, Alexander Kovtun, a psychiatrist and narcologist, told Izvestia. He calls the requirement provided for in the law on the mandatory consideration of clinical signs when concluding a state of intoxication "methodologically correct and correct." At the same time, amendments to the Administrative Code alone are not enough, notes Alexander Kovtun. Together with them, appropriate amendments should be made to other legal acts regulating the procedure for medical examinations: instructions, rules, etc. In addition, in some cases, the clinical condition may not correspond to the substance detected in the body, the narcologist notes.

Photo: Global Look Press/Bulkin Sergey

"A person may have dilated pupils, which is a characteristic sign of the presence of opioids in the body, and the tests revealed cannabioids," he gave one example.

Any questions?

The decision to take into account the clinical condition certainly resolves the issue with drivers who are now at risk of being left without a license after taking certain medications, says Sergey Radko, a lawyer for the Freedom of Choice movement. But the law, if passed, could create other problems, he warns.

Photo: RIA Novosti/Kirill Braga

— The text of the bill refers not only to narcotic and psychotropic substances, but also to their analogues or new potentially dangerous psychoactive substances, as well as intoxicating substances. But what these "analogues", "psychoactive" or "intoxicating" substances are is not indicated anywhere. Just as it is not specified which clinical signs should be taken into account, how many of them should be used to establish a state of intoxication," Sergei Radko told Izvestia.

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According to the lawyer, these issues should also be resolved by appropriate legislative changes. Otherwise, in practice, a double and ambiguous interpretation of the law is possible, he believes.

And the labeling too

Igor Morzharetto, a member of the presidium of the Public Council under the Ministry of Internal Affairs of the Russian Federation, believes that a driver should not risk his rights if he took a pill with a minimum content of certain "dangerous" substances. But if a medical drug does cause drowsiness, impairs attention and reaction, the motorist must be warned about this, he emphasizes.

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— Obviously, a throat pill or a heart medication should not lead to disenfranchisement. Therefore, the requirement for clinical signs is correct. As well as the need for the government to approve a clear list of medicines that are incompatible with transport management," he stressed in an interview with Izvestia.

At the same time, the expert notes, along with these measures, it is also necessary to label packages of "forbidden" medicines with bright and noticeable labels. This will allow motorists to understand in advance that it is impossible to get behind the wheel after taking such a pill without delving into the instructions for it, Igor Morzharetto believes.