WHAT HAPPENS WITH A POSITIVE DRUG TEST!

Possible options.

 

As we discussed in our previous article, the use of narcotic substances or their analogues is established through the use of tests.

IMPORTANT! If you refuse to be checked with a test to establish the use of narcotic substances or their analogues, or a chemical-toxicological laboratory test to establish the use of narcotic substances, you bear administrative criminal responsibility, and the punishment provided by the law is: deprivation of the right to drives a motor vehicle, tram or self-propelled machine for a period of two years and a fine of BGN 2,000.

In the event that we agree to be inspected, and the test carried out by the control authorities is positive - possible options:

You will be drawn up an AUAN and a report of a check for narcotic substances and their analogues - it is important to dispute this result and you will be issued a voucher for a medical examination (it is possible that the test was not accurate for various reasons related to its technical specification , wrong way of use, as well as if you are sure that you have not used narcotic substances, etc.)

- You will be taken to a medical facility for medical and chemical-toxicological laboratory testing. (Even if you are sure that you have not used narcotic substances, until the categorical results for a negative sample are out, it is considered on the basis of the test that your sample is positive)

 

One of the possible options is to be composed for you:

- Act of administrative violation (AUAN);

- Order to impose a coercive administrative measure (PAM) - (it is possible to temporarily revoke your Motor Vehicle Driving License (SUMPS) - until the issue of your responsibility is resolved - but for no more than 18 months (as the law allows) the preliminary implementation of this measure);

- A detention order may be issued to you;

- You may be searched;

- Pre-trial proceedings may be instituted in the case (Art. 343(b), Para. 3 of the Criminal Code);

- You may suffer both property and non-property damages! And others.

 

Keep in mind that even if the sample from the chemical-toxicological laboratory test is "positive" within seven days of the delivery of the criminal decree or the presentation of the accusation of a crime under Art. 343b of the Criminal Code, the examined person can request, at his own expense, re-performance of a chemical analysis through the proceeding authority, if the 12-month period in which the control sample is stored has not expired.

 

In the event that your sample is "negative" action must be taken to drop all measures imposed on you.

 

It is IMPORTANT to know that most of the actions taken against you can be appealed within the statutory time limits. It is important to quickly and timely contact a lawyer who can protect your rights!

 

If you have found yourself in this or a similar situation, we can assist you in protecting your rights!

 

 

 

 

Adv. Stefani Bistreva - Sofia