The new law came into force on 14 December 2024. new Highway Code, which had introduced rmore severe rules for those who drive under the influence of narcotics. However, a new circular of the Ministries of the Interior and Health, which has reached the desks of prefectures and law enforcement agencies, is rewriting some of the most controversial provisions of this legislation. This is reported Republic. This update came after the controversy and critical to a law that penalized those who tested positive even if the substance had been taken days before driving. But what changes?
Highway Code: New rules for those who drive under the influence of drugs
The main change concerns the definition of the cases in which it is possible to apply the fines. Until now, anyone who tested positive, even if the substance had been taken days before driving, risked fines e license suspension. With the new circular, however, it is established that in order to accuse someone of driving under the influence of drugs, it is necessary that the substance "still produces its effects in the body while driving”. This radically changes the way tests are interpreted.
Another important change concerns the concept of “next period” to the intake of the substance. To avoid unjust sanctions, the circular specifies that the substance must have been consumed in a period immediately preceding driving. This recovery of the criterion of the state of psycho-physical alteration It allows you to avoid penalties for those who test positive but are not under the influence of the substance.
Driving under the influence of drugs: new information on saliva tests and sanctions
The circular also introduces a significant innovation in the method of Checks: it will no longer be a doctor who evaluates the state of alteration, but the police, which will carry out the salivary test. Only if the test is positive, two saliva samples will be taken for confirmatory tests. This step is essential, since confirmatory tests are the only ones that can lead to an incrimination.
The circular also clarifies that if the test detects only inactive metabolites (which have no effect on the body), no sanctions can be applied. Only the presence of active metabolites justifies the penalty. This remove also urine test, which are no longer considered reliable for determining whether someone is impaired while driving.
In case of a positive result, the second saliva sample taken will be stored at -18 degrees for at least a year, allowing for possible counter-analysis by the defense.
Drugs while driving: circular eases the rules, but risks remain
A further aspect concerns theuse of drugs that they can affect driving ability. According to the circular, even some psychoactive drugs, such as anxiolytics and antidepressants, if taken before driving, can alter the psycho-physical abilities of the driver. It is therefore essential that the authorities verify the pharmacological therapies declared by the driver, to correctly interpret the tests. In this context, the legislation refers to the Presidential Decree 309/1990, which includes over 100 medicines subjects to control. The tests, performed on blood and saliva, are intended to establish whether the substance is still active in the driver's body at the time of driving. However, the correlation between a positive result and the actual state of alteration is still a matter of debate, since a positive test result does not always imply an immediate influence on the ability to drive, especially if the drug is taken regularly. Some drugs can remain in the body for days or weeks, even if they are no longer active. Therefore, there is a risk that a person may be unfairly penalized, even if they are following a therapy prescribed by a doctor.
