drugs while driving

THC, CBD and your driver's license

Have you ever been pulled over by the police and were overwhelmed by the situation? Or do you want to make sure that you know what to do if the worst happens? We got you! supHerb has the guide for a successful traffic stop . In this article, we will go over the do's and don'ts of police traffic stops, explain which practical exercises and tasks you can expect and give you valuable tips on what you should look out for.

Disclaimer: Cannabis users know that CBD is not psychoactive. Nevertheless, we would like to make it clear: Safety is the top priority, especially in traffic. supHerb therefore recommends that you always and only drive your vehicle when sober.

Traffic Control: Do's and Don'ts

do

One thing to note right away: The police are not called “friends and helpers” for nothing. Most police officers in Austria have a good understanding of what is right and wrong and do not chase after harmless stoners (without reason). As always in life, however, exceptions prove the rule. So if you come across a law enforcement officer who does not seem particularly friendly, our most important first tip is: stay calm.

If you are stopped, stay in the vehicle with your seat belt fastened and wait for further instructions. Give the police officer your registration certificate and driving license when asked. Also: only speak when you are asked and give brief, precise answers.

To protect yourself, you should always answer questions like: "Did you smoke weed or take other substances before driving?" with NO. Remember: you are not under oath during a traffic check. In addition, in Austria, you are not obliged to incriminate yourself. If the worst comes to the worst, it is the job of the police to determine or prove your guilt or offense. So stay relaxed and (if you think it makes sense) convey to the other person that you are aware of your rights and will use them to protect yourself and your license.

Don't

Rapid drug tests: You should definitely refuse rapid drug tests. The risk of making a mistake that could be to your disadvantage is simply too great.

Urine tests: You should also refuse urine tests. The breakdown products of hemp can be detected in urine for a long time. You could have consumed cannabis days ago (e.g. in a country where all cannabinoids and THC are legal) and the urine test would probably still be positive. They therefore do not provide any meaningful conclusions about your ability to drive at the time of the test. Depending on how regularly you consume cannabis, a urine test can be positive for more than 8 weeks.

Blood test: A blood test is much more informative and precise. This can be an advantage for you. If it has been more than four hours since you last consumed cannabis, it may be that consumption is no longer detectable in the blood. This is why you should always insist on a laboratory test of your blood, even when talking to the medical officer.

By the way: If you have a blood test, the authorities can temporarily take away your driving license. If the test result is negative, you must get it back after 3 weeks. If your test is positive for substances, you will be informed after a week. If your test was negative, you will only find out after 3 weeks.

Traffic control: What is the police allowed to do?

During a traffic check, your ability to drive is tested by performing various exercises. You will find out exactly what these can be in the next section. But no matter what exactly you can expect during the check: If you are doing the exercises for the very first time, especially in the presence of a police officer and are probably a little nervous, they can be quite a challenge. So just try the exercises at home. That way you already know what to expect and will be better prepared if you are checked.

Attention: If you suffer from a disability or limitation, be sure to tell the police officer during the traffic check. Physical ailments (e.g. arthritis, sports injuries, etc.) can mean that you cannot complete the required exercises properly - regardless of your state of consciousness. Upon request, you can subsequently provide your medical history, findings, etc. to the police.

Traffic control exercises

The following exercises may be required of you during a traffic check by the police. Depending on the officers conducting the check, the exercises may be slightly different or a combination may be required of you. In addition, it will be observed how well you are able to understand and carry out the officers' instructions.

• Stand on one leg and stretch the raised leg straight out in front of you. Close your eyes and stay like this (without wobbling) for at least 30 seconds.
• Close your eyes and stretch your arms out to the sides. Bring your outstretched arms together (with your eyes closed) and touch the tips of your index fingers. Alternatively, you may be asked to alternately place the index finger of your right and left hand to the tip of your nose with your eyes closed and your arms outstretched to the sides. This is to test fine motor skills and coordination. 6 repetitions are usual, starting with the left hand.
• Close your eyes, fold your arms and tilt your head back slightly. Now count quietly to 30. This exercise is designed to test your sense of time and balance.
• You will be asked to walk a certain number of steps on an (imaginary) straight line, then turn around and walk back. This is also designed to test your balance and coordination.
• You will be asked to follow a pen or similar object with your eyes. This is to check whether involuntary eye movements (nystagmus) occur.
• Your pupil reaction to light will be checked. Altered or delayed reactions as well as unusually large or small dilation of the pupils can be an indication to the officers of drug use.

supherb tip: practice makes perfect!

Do you want to be prepared for an emergency? No problem, with a little help from your friends. Sit down with your friends at your next session and go through the exercises together. This way, it's not only fun, but you'll also be well prepared if the worst happens.

Do you need legal help?

Firstly, things turn out differently and secondly, not as you think. That's why it's always good to have a joker up your sleeve when it comes to legal questions. And we have two recommendations for you in this regard: the Machac & Häussler law firm and the lawyer Dr. Feigl . This means you have more than competent help when you really need it.