Road Traffic – Driving Under the Influence of Drugs in Cyprus

After January 15th 2018, the provisions of the Road Safety Act (Law 174/1986), concerning driving under the influence of drugs came into force. The penalties for the offence of driving or attempting to drive under the influence of drugs as well as for the offence of refusing or preventing a driver from giving a sample of saliva for either a preliminary or a laboratory examination are the following drug offences:

 

• Penalty of imprisonment for a period not exceeding three (3) years or
• A fine not exceeding three thousand five hundred euros (€ 3,500) or
• A ban from driving for a period not exceeding three (3) years; or
• All or any of these penalties.

 

Who has the authority to require a Driving under the influence of drugs test?

The members of the traffic police will check if a member has a reasonable suspicion that a person has been or is being used by a driver who is driving or attempting to drive any vehicle, on any road, may request that person to provide a saliva sample for a preliminary examination. In the event that a person driving or attempting to drive any vehicle on any road commits a traffic offence, a member of the Police may request that person to provide a shawl sample for preliminary examination in accordance with Article 11D.

Subject to the provisions of Article 11D, and irrespective of the existence of a reasonable suspicion referred to in subparagraph (1), a member of the Police may request any person who drives or attempts to drive any vehicle, on any road, to provide a shawl sample for preliminary examination. examination. 8 (5) A member of the Police may request a person, in accordance with the provisions of sub paragraphs (1), (2), (3) or (4) of this Article, to provide a shawl sample on the spot for preliminary examination if this is not the case. where possible, a member of the Police shall request that person to provide a saliva sample to the nearest police station in accordance with the provisions of sub paragraphs (1), (2), (3) or (4).

Can anyone refuse the Driving under the influence of drugs test?

A person who refuses or refuses to go under the provisions of paragraph 9 (5) to the designated police station or refuses or refuses in any way to sample a saliva for preliminary or laboratory examination when requested under the provisions of this Article; commits a criminal offence: It is understood that it is in defence of this person to invoke medical reasons justifying the above refusal.

A member of the Police requesting a saliva sample either for preliminary or laboratory examination, either on-site or at a police station under the provisions of sub paragraphs (5) and (6), draws the attention of that person to the refusal or avoidance of the requested sample may constitute a criminal offence.

A member of the Police shall, if the preliminary examination carried out in accordance with the provisions of subsection (5) of this Article, detect drugs in the shawl sample of any person or in the event of refusal or refusal to grant a shawl sample for preliminary examination or laboratory examination. The provisions of subparagraph (7) of this Article shall ensure that the vehicle of that person is transported to the nearest police station and prohibits the driver from continuing driving.

Who cannot required a Driving under the influence of drugs test?

Unless the doctor who is under his immediate medical supervision allows this person to provide samples of saliva for preliminary examination or laboratory examination for the purposes of this Part 13, it may not be requested by a person who is in the hospital for medical purposes; Subject to the provisions of subparagraph (2) of this Article: It is understood that the taking of saliva samples for preliminary examination or for laboratory examination is carried out within the hospital premises. (2) A doctor who is under the immediate medical supervision of any person who has been asked for a saliva sample for a preliminary examination or laboratory examination for the purposes of this Part may refuse to grant that person a saliva sample for preliminary examination or laboratory examination only if it considers that the granting of this sample may adversely affect the treatment or health condition of the person.

 

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