Driving license withdrawal even with low amphetamine values

Driving license withdrawal even with low amphetamine values

Administrative court Neustadt: one-off consumption is enough
Neustadt / Weinstrasse (jur). Even a small amount of amphetamine in the blood justifies the withdrawal of the driver's license. The administrative court Neustadt an der Weinstrasse clarified this in a decision announced on Wednesday, April 27, 2016 (file number: 1 L 269 / 16.NW). According to the driving license ordinance, car and motorcycle drivers are unsuitable for driving a motor vehicle after just consuming the “hard drug” once.

In the specific case, a man had gotten into a police check with his motorcycle. A blood sample was taken for suspected drug use. It found amphetamine in a concentration of 0.018 milligrams per liter. Amphetamine is an illegal, synthetically produced drug, known as a mixture of various amphetamines, also known as "Speed". The powder is usually "sniffed" through the nose.

An expert stated that even small amounts of amphetamine can have a “residual effect”. Especially in the decay phase, "severe psychophysical states of exhaustion" can occur.

The driver's license authority then revoked the man's driver's license. After unsuccessful opposition, the motorcyclist went to court and applied for temporary legal protection. He explained that he had been tempted to pull amphetamine at a “line” at a festival after considerable alcohol consumption. He was consciously not driving a car or motorcycle for five days afterwards so that the drug could degrade.

Like the driving license authority, the Neustadt administrative court was not impressed by this. According to the relevant provisions of the driving license regulation, the single use of a "hard drug" such as amphetamine leads to "unsuitability for driving a motor vehicle on public roads". This also applies if the person concerned has not driven under the influence of the drug. The reason for this strict regulation is the high danger of the drug.

Therefore, it is not important here that very little amphetamine was found in the blood of the motorcycle rider, the administrative court emphasized in its decision of April 20, 2016 (mwo / fle).

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