Weakness in regulations relating to road safety and drug consumption: and applied test for training police and enforcement officers

Abstract

The presence of drugs in drivers represents a serious safety problem, according to data from the National Institute of Toxicology and Forensic Sciences, these are found in more than 40% of drivers who die in traffic accidents in our country each year.

One of the main obstacles to addressing this problem has been the lack of regulation of effective tests for its detection. The test regime changes drastically with the modification of art. 796.1.7 of the LECrim in 2010. Among the requirements of these tests is the specific training of the officers of the authority in charge of traffic safety and surveillance who carry them out.

The objective of this article is to study the justification of said requirement as well as to answer different problematic questions that arise.

Among other deficiencies, the lack of consistency with regulation of the tests (road safety, law and general traffic regulation) that does not expressly specify this requirement, the lack of minimum standards on said training can lead to varying interpretation of regulations.

The applicable regulations will be studied and revised, both criminal and procedural and administrative, jurisprudence and published works in this regard, as well as the different situations raised in different autonomous communities when specifying this requirement.

Finally, the results and conclusions will be offered, the requirement for specific enabling training will be justified for the officials in charge of carrying out said drug detection tests regardless of whether it is a criminal or administrative file, as well as the need for homogenization. Of those training that does not exist as of today specifying competent bodies, with minimum content and duration, methodology, etc.