Positive urine test for amphetamines
July 23, 2009 | 25,00 EUR | answered by Andreas Scholz
Dear Sir or Madam,
In mid-March 2009, I was stopped for a routine police check in Mecklenburg-Western Pomerania. I was asked if I had consumed alcohol or drugs recently. I replied that I had smoked a joint a week ago. As a result, I had to take a urine test, which showed no positive result for cannabis but for amphetamines. Shortly before starting my journey, I consumed a small amount. However, I did not provide any information to the officers. They searched my car and found a small bag under the seat with a minimal amount (0.1g). Since I did not know how the bag got there and had no knowledge of its contents, I told the officers that I did not know what it was and that I often hand over my car keys to acquaintances at events, therefore I was not associated with it. Following the test, I was taken to the hospital for a blood test. I showed no signs or symptoms of drug consumption. After the test, I was released. I was allowed to keep my driver's license. I was not informed that I was not allowed to drive my car any further.
To this day, I have not received any notification from any authority regarding the incident. What should I expect now? Has the offense possibly expired? Have I perhaps been fortunate enough to be forgotten?
I would greatly appreciate a prompt response from you.
Dear inquirer,
the following is possible:
Since the incident is not too long ago, an investigation against you for violation of the Narcotics Act may indeed still be initiated. Although you stated that you were unaware of the substance in the vehicle, the public prosecutor's office may still consider a suspicion (due to possession of the substance) and initiate investigations. In that case, you would be summoned for questioning as a suspect, and if you are summoned by the police, you do not need to appear. If summoned by the public prosecutor's office, you must appear. However, you are not required to provide any information (I also recommend this, and in any case, you should hire a defense attorney in case of investigations, or at least when facing charges). Depending on the substance involved, it is possible that the investigation may be closed due to the small amount. During the investigation, your driver's license may be temporarily suspended if it is suspected that you will lose your driving license through a court ruling, §§ 111a StPO, 69 StGB. However, I consider this unlikely, as there does not appear to be a necessary connection between driving a vehicle and a possible crime (you were probably not acting as a "drug courier").
Furthermore, the driver's license authority may revoke your driver's license if you are deemed unfit to drive a vehicle, § 46 FeV, Nos. 9.3, 9.4 Annex 4 to the FeV. Dependency and lack of separation between consumption and driving must be proven. Whether this is to be expected for you depends largely on the results of the medical examination.
Prescription has not yet occurred.
I hope this gives you an initial overview.
Sincerely,
Andreas Scholz, Attorney
