Driver's license confiscated after a drug test

Record which studies have been carried out

The police can investigate drug use with a saliva test and blood test. Observations about behavior and driving behavior can also be included in the file. Ask which result is provisional and which result will follow later in writing. Simply stating that a test was positive does not provide a full picture of the evidence.

Record the times of the stop, test and blood collection as clearly as possible. Keep the forms provided and the envelope of a results letter. You do not have to draw a technical conclusion yourself. An overview of reliable times helps an expert to investigate more specifically whether the correct procedure has been followed.

Ask why your driver's license is being held

There are recognizable seizure thresholds for alcohol and speed, but you cannot simply apply these to a drug check. There may be dangerous driving behavior, a combination of substances or an administrative procedure. The specific ground and the responsible authority determine which procedure you need.

Therefore, ask for the complete documents regarding seizure, any seizure and a CBR notification. A receipt, a short-term driving ban and a decision suspending the validity of the driving license are different documents. The term lost driver's license on a website does not say enough to choose a suitable objection letter.

Read substance, value and combination together

A blood result can contain different substances and units. The assessment of one substance is not automatically the same as that of combined use. Alcohol or a second substance may therefore also be relevant. Have the results assessed in conjunction with the suspected fact and the information about the research used.

Do not compare results with any internet list without checking which substance, combination and legal situation the list describes. Save the complete laboratory report. If a counter-investigation is possible, specific regulations and deadlines apply. Ask about this immediately after receiving the results; don't assume a general time frame of a forum.

Medicines require explanation, no exception

Some medications contain substances that are also examined during a traffic stop. Report prescribed use and ensure that you have information available about the prescription, dosage and when to take it. The police can continue the blood test. A prescription does not automatically make any form of participation in traffic permitted.

Ask your doctor or pharmacist about safe use and do not combine the products based on your own assumptions. Do not independently stop necessary medication to influence an investigation. For a legal assessment, it is useful to share medical information carefully and in a limited manner with the right expert, not via a general contact box.

A CBR investigation is its own process

After information from the police, the CBR can investigate whether you can safely participate in traffic. A investigation into fitness to drive, course and possible suspension or invalidation require your own attention. The criminal blood test and an assessment of fitness to drive do not have the same purpose, even if they relate to the same incident.

Therefore, read the motivation for a CBR decision and highlight the concrete obligations. Do not make agreements and payments dependent on the expectation that the criminal case will end. The page about driving suspension and CBR shows how to monitor both routes separately. In the case of a invalidated driving licence simply waiting until a criminal period has passed is not sufficient.

Use the legal remedy associated with the decision

If a driver's license has been criminally seized or withheld, a request for return and a complaint may be required. The route against a CBR decision is via objection and possibly the administrative court. The right response starts with the headline and signature of the letter, not just with the topic of drugs.

An objection against the CBR does not automatically suspend the decision. In case of urgent need, discuss whether a provisional measure is possible and useful. Do not send the same argument unchecked to both authorities: the required evidence, the legal question and the desired decision may differ. See also driving license recovery.

• Create a timeline of monitoring, testing, and decisions received.
• Save the complete blood results with substance names and units.
• Write down prescribed medication without drawing conclusions yourself.
• Check any counter-examination information immediately.
• Split criminal and CBR deadlines in your agenda.

Prepare a statement carefully

A conversation about use, driving behavior or control can be part of a criminal interrogation. As a suspect you have rights, including consultation with a lawyer. Also tell the lawyer what you are no longer sure about. A completed timeline does not have to become a conclusive story if the memory is incomplete.

The guide to the police interrogation will help you understand the trial position. Keep existing data and do not modify files to better fit a statement. A missing detail or difference between documents can be sorted out; Coming up with certainty doesn't help with that.

A favorable decision does not constitute general consent

If the Public Prosecution Service returns the driver's license or does not prosecute, you still have to check what a separate CBR decision means. Conversely, a favorable medical assessment does not rule out a pending driving ban. Do not drive again until the applicable restrictions have been removed and you have the required valid driver's license.

During your first meeting, ask a lawyer explicitly which of the two processes he will handle and what is required for this. Take the results, intake papers, CBR letters and received calls with you. Using the guide driving license attorney costs, also discuss the scope of the assignment and possible financing per procedure.