Drugs and driving: legal consequences and road safety risks
Driving under the influence of illegal substances is a serious violation that can cause irreversible road hazards.
However, many people continue to drive despite their use of illegal substances, exposing their lives and those of other road users to significant risks.
When someone is taking illegal substances, he or she may be less attentive and have slower reflexes, increasing the risk of serious accidents.
These risks are even higher when driving at high speed or on winding roads.
In Switzerland, the Federal Law on Road Traffic (LCR) defines the obligations of road users, the penalties for infringement, the rules governing road signs and markings, as well as the provisions for registering vehicles and obtaining a driving license.
Driving under the influence of drugs: a serious offence
Swiss law considers driving under the influence of drugs to be a serious offence.
Under Art.
31 LCR, any driver who can no longer drive safely due to the consumption of alcohol, drugs or medication may be penalized.
The term “drugs” includes all illicit substances such as cannabis, cocaine, heroin, amphetamine, MDMA and other synthetic drugs.
There are several methods for detecting driving under the influence of illegal substances.
Police officers can arrest a driver who is under the influence of alcohol or drugs, and administer a drug test to confirm or refute his or her consumption of these substances.
Similarly, in the event of a road accident, police may also use a drug test to determine whether the driver was under the influence of drugs at the time of the accident.
Legal and penal consequences
In Switzerland, driving under the influence of narcotics is considered a very serious offence, and the law provides for severe penalties in the event of infringement.
The consequences for the driver can range from a fine to a custodial sentence, depending on the seriousness of the offence.
If a driver is caught driving under the influence of drugs, he or she risks a heavy fine and suspension of their driving license for a minimum period of three months.
This suspension can be extended for several years, depending on the seriousness of the offence and the driver’s behavior.
If the driver commits a second offence, the consequences will be more serious.
They risk a custodial sentence, a heavier fine and a prolonged suspension of their driving license.
If an accident occurs while the driver is under the influence of drugs, he may be held liable for damages caused to third parties, and must therefore compensate the victims.
He will also have to cover the costs of the proceedings, including legal fees, court costs and toxicology expertise.
These costs can be very high, and can have serious financial consequences for the driver.
Preventive measures
Compliance with preventive measures is essential to avoid drug-related driving offences.
In Switzerland, the authorities have introduced a number of measures to combat this scourge.
Roadside checks have been stepped up, notably with the introduction of random saliva tests carried out at any time of the day or night by law enforcement officers.
These tests detect the presence of drugs in the driver’s blood.
Awareness-raising and information campaigns are also conducted to inform drivers of the dangers involved and encourage them not to drive after consuming narcotics.
Driving schools also have a crucial role to play in prevention, by making drivers aware of the risks involved and informing them of the laws and driving rules to be observed.
Conclusion
In short, it’s vital to be aware of the serious consequences that driving under the influence of drugs can have, not only for the safety of drivers, passengers and other road users, but also for the legal consequences that can ensue.
Although legislation may vary from country to country, it is generally accepted that this practice is dangerous and illegal.
If you’ve been charged with driving under the influence of drugs, it’s a good idea to consult a specialist lawyer as soon as possible, so you can understand your options and protect your rights.