Recommendation. Key aspects of medical expert’s opinion (report) on the crime of driving under the influence of drugs (DRUID)

Abstract

Member states of the European Union take a similar regulatory position on DRUID. All of the EU countries punish this offense. In Hungary, section 237 of Act C of 2012 on the Criminal Code (CC) criminalizes ‘Driving under the influence of drugs’. Over the last decade, we have witnessed a significant and consistent increase in this crime. While 178 DRUID crimes were registered in 2014, from 2018 to 2022 on average 969 DRUID driving was recorded yearly, which means more than five times increase annually. According to Hungarian law, presumptive tests are not eligible, and detecting active/inactive metabolite from the urine is not enough for a conviction. Detection of active metabolite in the blood is necessary for a guilty ruling. The law does not determine the required concentration of each drug in the blood to determine being under the influence. This task lies in the competence of a medical expert. In Hungary, there is no unified accepted practice for the limit value of each compound, and there is no unified expert practice in this field. Therefore, the opinion of experts is highly varied, even for the same active ingredients and similar blood concentrations.
Aim: Present study aims to evaluate how DRUID is regulated in Hungary and how it differs from the regulation in other EU countries. The Ministry of Interiors Professional Committee for Medico-Legal Experts was formed to create a good practice and prepare a unified guideline for this issue.
Methodology: For preparing the study, authors have reviewed international and national legislation norms and professional rules. Systematic domestic and international literature review was also performed.
Findings: The research has shown that it is impossible to calculate blood concentration during criminal action from the results detected during the expert examination. The reason for this is that, in most cases, there is no sufficient scientific evidence on the dynamics of the metabolism of active ingredients in the human body. Furthermore, numerous studies have pointed out that the results of the medical examination used simultaneously with the blood tests are not reliable. At the same time, the law requires proof of the actual influence of drugs. Therefore, the only accepted reliable evidence is the detection of active metabolite in the blood. In this new Guideline, authors are suggesting specific limits for each active substant. It can help evaluate the question of being under the influence of drugs in criminal procedure.
Value: The authors are the first in Hungary to make a recommendation on this task.