Driving while a dangerous drug or its metabolite is present in the body may be considered driving under the influence under the Traffic Ordinance. The legal examination also addresses the lawfulness of the demand for testing and the quality of the evidence collected.
Personal feeling and a cannabis license
A feeling that the driving is proper does not necessarily negate the suspicion. A medical cannabis license is not permission to drive in every situation: the legal provisions, the conditions of use, and the circumstances must be examined. There is no uniform period of time that can be presented as a promise that driving will be permitted after drug use.
Saliva, blood, and urine tests
Police procedure distinguishes between a saliva test for initial detection and the taking of blood or urine samples. A positive result in a saliva test may establish suspicion justifying a further demand, but it is not exclusive evidence for a conviction. The source of authority, the documentation, the sample identification, and the chain of transfer to the laboratory should be examined.
The meaning of refusal
Refusal of a lawful demand for a blood or urine test, after the required explanation has been given, may lead to attribution of the offense of drunk driving by virtue of the refusal. It should not be assumed that refusal is a way to avoid a case. A medical difficulty requires raising and documenting it in accordance with procedure, not ignoring the demand.
Preparation for the proceeding
It is important to keep the action reports, test results, medical documents, and relevant licenses. Alongside the trial, disqualification proceedings or an inquiry into fitness to drive may also take place. Every decision and proceeding requires a separate examination of the grounds, the timing, and the way to challenge it.
Personal feeling and a cannabis license — what is important to know?
A feeling that the driving is proper does not necessarily negate the suspicion. A medical cannabis license is not permission to drive in every situation: the legal provisions, the conditions of use, and the circumstances must be examined. There is no uniform period of time that can be presented as a promise that driving will be permitted after drug use.
Saliva, blood, and urine tests — what is important to know?
Police procedure distinguishes between a saliva test for initial detection and the taking of blood or urine samples. A positive result in a saliva test may establish suspicion justifying a further demand, but it is not exclusive evidence for a conviction. The source of authority, the documentation, the sample identification, and the chain of transfer to the laboratory should be examined.
The meaning of refusal — what is important to know?
Refusal of a lawful demand for a blood or urine test, after the required explanation has been given, may lead to attribution of the offense of drunk driving by virtue of the refusal. It should not be assumed that refusal is a way to avoid a case. A medical difficulty requires raising and documenting it in accordance with procedure, not ignoring the demand.
Preparation for the proceeding — what is important to know?
It is important to keep the action reports, test results, medical documents, and relevant licenses. Alongside the trial, disqualification proceedings or an inquiry into fitness to drive may also take place. Every decision and proceeding requires a separate examination of the grounds, the timing, and the way to challenge it.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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