Comments on offenses due to the presence of drugs on the road and arguments to establish minimum detection rates in blood

The purpose of this work is to review the scientific bibliography on the effects of drugs on
driving as well as the review of all comparative law legislation that regulates administrative and
criminal sanctions for driving under the influence or with the presence of drugs. in the body.
This document makes special reference to the Spanish case, criticizing, through the principles
of science, logic and law, the Order of the Plenary of the Spanish Constitutional Court No.
174/2017 of December 19, which declared it constitutional to sanction the mere presence
of a minimum amount of drug in the body when driving, stating that this does not violate
the fundamental rights of the person who uses drugs despite not proving the effect on
psychophysical capacities.
The study ends by giving some advice to citizens and administrations to try that the protection
of road safety is carried out in the most fair and proportional way possible and without violating
the fundamental rights of the person who uses drugs, referring to the cut-off points or rates,
both in saliva and in blood, which exist in the different psychoactive substances detection
devices, either with the presumptive road device (antigen test) or with the confirmatory
laboratory test (GC-MS).