Court acquits driver who tested positive for drugs but wasn't under the influence: How is this possible?

The General Directorate of Traffic is very clear in its regulations, as it explicitly prohibits driving a motor vehicle under the influence of narcotics . However, lawyer Miguel Ángel Mejías presented a case in which a driver was acquitted, even though he tested positive for drugs.

Mejías explains that his client is a regular consumer of Kinder chocolate and had the misfortune of being rear-ended while driving his car. The Civil Guard subsequently administered a drug test, which yielded a positive result . The courts therefore investigated him for a crime against road safety, classified under Article 379 of the Spanish Penal Code .

Why does the sentence acquit the driver?

According to lawyer Miguel Ángel Mejías, the Penal Code states in Article 379 that anyone who "drives a motor vehicle or moped under the influence of toxic drugs, narcotics, or psychotropic substances" will commit a crime against road safety .

Therefore, Mejías clarifies that the Penal Code does not punish the mere presence of drugs in the body , which is why the judge ultimately acquitted his client of the aforementioned crime. However, the lawyer indicated that the presence of drugs while driving constitutes a very serious traffic violation, which translates into a fine of 1,000 euros .

What is the penalty for driving under the influence of drugs?

Article 379 of the Penal Code establishes a "penalty of imprisonment of three to six months, or a fine of six to twelve months, or community service of thirty-one to ninety days, and, in any case, deprivation of the right to drive motor vehicles and mopeds for a period of more than one and up to four years."

Does testing positive for multiple drugs carry a heavier penalty?

The answer is yes. Analysis of the test sent to the laboratory allows for the identification of both the type and quantity of substances present in the driver's system. When a single drug is detected at very low levels, the case is usually treated as an administrative offense, punishable by a fine of €1,000 and the withdrawal of six points from the driver's license.

However, if the result reveals the presence of multiple substances in high concentrations, the driver could face more serious criminal consequences , such as a prison sentence of up to six months and the suspension of their driving license for up to four years.