Statements made by Konstantin Dobrynin to the article ‘To Separate Sheep from Goats’: how will the traffic police initiative to equate some medicine with drugs affect drivers? RT, 22 November 2018

The traffic police initiative to equate the intake of certain medicines with driving intoxicated, which RT first reported, caused a stir in the media and heated arguments in the expert community. Some experts fully support the initiative, while some others state that it is necessary to be careful about punishment for drivers for taking certain drugs. However, all experts are unanimous that before adopting a law, all the details should be thoroughly considered, so that the rights of respectable citizens are not infringed.

November 21, RT was the first of the media to announce the plans of the State Traffic Safety Inspectorate of Russia to prepare new measures to combat drunkenness at the wheel. This is what the head of the traffic police, special events and law enforcement of the traffic police of the Russian Federation, Alexander Bykov, told the RT.

The traffic police declared that ‘it is high time’ to introduce responsibility for the use of certain drugs that adversely affect the attention and reaction of the driver. Such drivers are not formally considered to be r under the influence of alcohol or drugs, and therefore they do not bear any responsibility. Meanwhile, the Traffic Code provides for a direct ban on driving a vehicle after taking such substances, and therefore it is proposed to equate the use of a number of medicines with alcohol or drug use in terms of punishment.

The Ministry of Internal Affairs sent its proposal to the Ministry of Healthcare so as to give the initiative a concrete form by preparing a list of substances and developing the procedure for their identification. All this, as well as the passage of amendments through the State Duma will take time.

The initiative has resonated widely in the expert community. Thus, Alexander Kovtun, an addiction psychiatrist, who has extensive practical experience in conducting medical examinations, told the RT that there are several hundred drugs that actually inhibit the driver’s reaction on the road, creating a serious risk of an accident.

‘The most relevant and most common ones are those that contain phenobarbital. These are Valocordin, Andipal, Pentalgin, Valoserdine, etc. They are available without a prescription. With these medicines, a person takes a substance that, when discovered, does not give a clear understanding, whether it was taken for treatment or as a drug. Phenobarbital itself is a drug. There is even the term ‘barbitur addiction,’ the specialist said.

According to him, in 90% of cases we are talking about law-abiding citizens, but the Ministry of Healthcare needs to develop clear guidelines to avoid bringing innocent people to justice. ‘Therefore, I hope the standards will be introduced taking into account all the nuances, within the framework of interdepartmental cooperation as well as the public opinion,’ Kovtun added.

Sergey Polyatykin, an addiction psychiatrist with many years of experience, granting interview to the RT, noted that punishment for drivers taking certain medications should be introduced with caution so that avoid  getting innocent citizens in hot water.

‘The main substance that we record is phenobarbital, which is part of Corvalol or Valocordinum. Theoretically, even nicotine in large doses can manifest itself during the examination, but, on the other hand, the concentration shows immediately, whether a substance was used for medical purposes or not, did a person take 40 drops or the entire vial. Our task is to determine precisely whether it is a question of some stable dependence or not,’ he said.

Polyatykin noted that those drivers who seek drunkenness in non-standard ways are a serious danger on the roads.

‘To be intoxicated, a person can use a variety of substances, not only drugs. I used to meet those who ‘caught the buzz’ with Soviet-style household chemicals, or anti-static diluted in water. It is important to understand what to do with the offenders, because it is neither a drug, nor alcohol, but the effect is quite similar,’ the expert noted.

According to the doctor, when banned substance are detected for the first time – if there are no serious consequences – the driver should not be always deprived of the license, but perhaps a warning would be enough.

‘To bring him to all the bases, and if a person gets caught again, then he is to be punished the whole nine yards,’ noted Polyatykin.

As the expert explained, when developing the threshold values for each drug, it is important to remember that the effect depends on individuals.

‘Everything is like with alcohol. For some people, for example, for those living in the Far North, 100 grams of vodka is an immense dose, while for the others it will have no effect. There are specific studies that show that 50 ml of alcohol increase concentration and sharpen attention for a short time. Any response is individual,’ summed up the expert.

Konstantin Dobrynin, a former member of the Federation Council, a senior partner of the Pen & Paper Attorneys-at-Law also emphasizes that it is important to introduce reforms so that innocent people are not brought to justice.

‘It is very important to separate sheep from goats and ensure that the rights of law abiding citizens are not infringed upon neither by the offenders, nor by the traffic police officers who sometimes abuse their rights and official status. I don’t say that driving a car, being doped up with phenobarbital, is possible, but it is important to understand that the sanction and responsibility must occur after a significant excess of the permissible rate by times, when the purpose of taking a substance is obvious and it is not related to treatment. A good legal technique is important, which is not yet available,’ the lawyer said in an interview with RT.

The expert also stressed that attention should be paid to other drugs that have not yet been taken into account in the traffic police: ‘Being a lawyer who once worked as a senator, I have two questions. How, before proposing such a legislative novelty, did they establish that there is some legislative gap here? How many accidents caused by Dimedrol over the past few years were recorded, and how many of them were fatal? The question of taking such dangerous drugs as Nurofen and Paracetamol also remains open.’

Pharmacologist Alexander Ediger endorsed the traffic police initiative. According to him, there are a number of drugs, in particular barbiturates, which effect is similar to that of alcohol.

‘This effect has been long known to everyone, both to doctors and consumers. These drugs greatly affect the reaction and attention even after a few hours after taking. They also affect nervous activity. I can only welcome this initiative, which limits the use of drugs that affect the driving. These drugs are obsolete, they are dozens of years old, and I do not know when a doctor prescribes these drugs. Now there are more modern counterparts that do not have such serious side effects,’ he said.

Recall that the traffic police are also hoping that in the foreseeable future an all-Russian registry of medical contraindications will be created, to enter data on those who are prohibited from driving throughout the country.

‘Technically, we are ready for this. The Ministry of Healthcare can hear our calls, but refers to disclosure of medical secrecy. We understand this and don’t ask for any extra information, it’s just important for us to know whether this person can drive a car or not,’ said Bykov.

The traffic police also offer to make mandatory the delivery of tests for those who have been deprived of their rights for drunk driving. At the present time, after the expiration of the deprivation period, such citizens visit an addiction psychiatrist, but the doctor decides independently whether the patient should be tested or whether there is no need for tests, and no additional studies are required.

Konstantin Dobrynin, advocate, senior partner of Pen & Paper