[Legal requirements for medical findings in determining driving capacity in driving under the influence of drugs--discussion of establishing limit values for "absolute" incapacity].

Abstract

Legally, alcohol and "other intoxicating substances" are given the same treatment (sections 315 c para. 1 letter a, 316 StGB). This implies that the findings of the German Public Health Office with regard to alcohol on the road should serve as methodical guidelines for medical findings when judging driver fitness after drug use. Therefore limits for "absolute" driver incapability after drug use can only decided on after special consideration of the outcome of attempts to drive. In addition, the basis of simultaneous results of the same rank of the biological-medical as well as the statistical research of the different psychotropic substances have to be taken into consideration. There is still a lack of proven results about the relation between dose, blood concentration and effect, which enabled the determination of limits. Therefore the emphasis of the medico-toxicological examination lies in the interpretation of the psycho-physical state of the driver at the time of being stopped and of the blood examination, as well as the blood-active substances-concentration with regard to the "relative" driver incapability.