Cannabis and driving license | What happens if I test positive while driving?

Result positive to cannabis while you are at guide? What could happen, how best to behave and how to avoid, or at least try to avoid, a license suspension.

According to art. 187 of the highway code it is a crime driving under the influence of drugs, and the expected sanction is:

• thearrest from six months to a year
• a fine from 1,500 to 6,000 euros
• the license suspension of driving for one to two years and the confiscation of the owned vehicle
• Finally, in the event of an accident the penalties are doubled

However, the Court of Cassation recently specified that a simple positive urine or blood test it isn't sufficient proof to confirm the state of alteration, but it can be due to consumption that occurred previously.

We must, therefore, wait a doctor's report who took care of the motorist who confirms driving under the influence of drugs, describing in detail the symptoms and the state of psycho-physical alteration.

Despite this, while waiting for the results of the tests, the agents can arrange the withdrawal of driving licence as a precaution for a period not exceeding ten days. Subsequently, if and only if the doctor ascertains the state of alteration, the Prefect will be able to proceed with the suspension of the license.

Last, but not least, before undergoing a blood or urine test you always have the right to contact a lawyer. The officers, even if they sometimes "forget", are required by law to inform the arrested person.

The only case in which the subject is not required to be warned of this possibility is in the case of hospital admission. If you are injured in a car accident and are taken to the emergency room, if requested by the officers, doctors can proceed with the search for illicit substances.

"If I smoked, how long after can I drive?" That's not the right question to ask. Since, although the effects of cannabis tend to wear off after about 3-5 hours after consumption, it is possible trace THC in the body for much longer.

Depending on the frequency with which we take marijuana and the test that we should undergo, it is possible to test positive:

• Come on 3 to 30 days for urine tests
• Come on 2 to 25 days for blood tests
• Until 29 days for salivary samples
• And up to 90 days first for hair analysis

| For further information: "Drug tests: how long is THC detectable?"

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For individuals taking medical cannabis, they should not drive vehicles or perform activities requiring mental alertness and physical coordination for at least 24 hours since the last administration. It will then be the doctor's task to prescribe the dosage of the drug on the patients tolerance capacity of the patient, without compromising his activities.

In case of accident which involves a toxicological test, the patient who tests positive for THC, with a medical prescription, is protected from a criminal point of view. However, it could be addressed topatent office of reference, who could decide to suspend the license until a new test with a negative result.