DRIVING A VEHICLE UNDER THE INFLUENCE OF PSYCHOACTIVE SUBSTANCES: A CRIMINAL LAW AND FORENSIC TOXICOLOGY OVERVIEW

D. I. Ureche, G. Zlati, M. Suian

Abstract: Due to the prevalence of driving under the influence of psychoactive substances and the possible correlation with a higher risk of traffic accidents, it’s necessary to make a review of the legal framework applicable for such a crime and the relevant forensic evidence needed to attest that the driver was under the influence of such substances. This paper emphasizes the most relevant aspects concerning the offence of driving under the influence of psychoactive substances, both from a substantive and criminal procedure law perspective. Nonetheless, several conclusions relevant from a forensic and legal medicine point of view were drawn using data from the archive of the Institute of Legal Medicine Cluj-Napoca during the pandemic year of 2021. The lack of legislative procedures and easy access to various types of psychoactive substances has led to an increase in consumption among teenagers, but especially among vehicle drivers. The authors concur that there is a stringent need for reform owing to the lack of minim drug detection values in the relevant law, and the lack of emphasis on the clinical manifestation of consumption as it pertains to proving if a person was under the influence of drugs when driving.
Keywords: driving under the influence, drugs, psychoactive substances, criminal law, toxicology.