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Third International Symposium on Drug-Impaired Driving Lisbon, 23 October 2017 Mário Dias Drug level and impairment – how do we measure this National Institute of Legal Medicine and Forensic Sciences

Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

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Page 1: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Third International Symposium on Drug-Impaired Driving

Lisbon, 23 October 2017

Mário Dias

Drug level and impairment – how do we measure this

National Institute of Legal Medicine and Forensic Sciences

Page 2: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Summary:

Introduction

Economic and Social Impact of Road Accidents

Prevalence of Cannabis use

DUID: Impairment vs Zero Tolerance

Rate of prosecutions

Conclusions

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Page 3: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

ECONOMIC AND SOCIAL IMPACT OF ROAD ACCIDENTS

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

Cro

atia

Bu

lga

ria

Ro

man

ia

Hu

nga

ry

Slo

ven

ia

Au

stri

a

Latv

ia

Po

lan

d

Ge

rma

ny

Mal

ta

Cze

ch R

ep

ub

lic

Po

rtu

gal

Slo

vaki

a

Lith

uan

ia

Be

lgiu

m

Euro

pea

n U

nio

n

Ital

y

Gre

ece

Esto

nia

Cyp

rus

Fran

ce

Spai

n

Luxe

mb

ou

rg

Un

ite

d K

ingd

om

Swe

de

n

De

nm

ark

Ire

lan

d

Fin

lan

d

Ne

the

rla

nd

s

Estimate Cost / GDP (%)

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

1,1/%

0,90%

(Source: ANSR)

Page 4: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Drug level and impairment – how do we measure this Mário Dias

5.10%

7.80%

3.10%

6.20%

0.00%

2.00%

4.00%

6.00%

8.00%

10.00%

12.00%

14.00%

16.00%

15-34 35-74 15-34 35-74

Throughout life last 12 months last 30 days

2012 (n= 5355)

2016/17 (n=12033)

PREVALENCE OF CANNABIS IN THE GENERAL POPULATION

DISTRIBUTION BY AGE GROUPS

(Source: SICAD)

Page 5: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Drug level and impairment – how do we measure this Mário Dias

PREVALENCE OF CANNABIS AMONG INJURED DRIVERS

(Source: INMLCF)

73%

8.30%

9.50%

11.36%

12.74%

14.39%

12.74%

2011 2012 2013 2014 2015 2016(n= 1734) (n= 1646) (n= 1734) (n= 1711) (n= 1765) (n= 1765)

Page 6: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Drug level and impairment – how do we measure this Mário Dias

PREVALENCE OF CANNABIS AMONG INJURED DRIVERS

12.25%

10.79%

11.89%

13.35% 14.19%

2.46%

4.93%

1.71%

4.58%

6.72%

2011 2012 2013 2014 2015

Men Women

DISTRIBUTION BY GENDER

(Source: INMLCF)

Page 7: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Drug level and impairment – how do we measure this Mário Dias

PREVALENCE OF CANNABIS AMONG INJURED DRIVERS

37% 33%

22%

25%

21%

37%

44% 43% 45% 45%

18% 19%

30%

25%

28%

8%

4% 5%

3%

6%

2011 2012 2103 2014 2015

DISTRIBUTION BY AGE GROUPS

≥ 25 - 34

≥ 35 - 49

< 25

> 50

(Source: INMLCF)

- 25%

- 64%

+ 55%

+ 21%

Page 8: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Drug level and impairment – how do we measure this Mário Dias

Portaria 902-B/2007 Article 22

1 - The blood confirmation test is intended to identify the substance or substances and or its metabolites that in the screening test showed positive results.

The confirmation test is considered positive whenever reveals the presence of any psychotropic substances (Table 1 of Annex V) or other substance or product, with similar effect, able to disturb the physical, mental or psychological conditions for driving motor vehicle safely.

Article 23

Zero Tolerance

Page 9: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Drug level and impairment – how do we measure this Mário Dias

Código da Estrada

1 - If the same circumstances simultaneously constitute a criminal and administrative offense, the driver shall always be punished by way of crime, without prejudice to the application of the accessory penalty for the administrative offense.

Article 134

2 - Incurs in the same penalty who, at least negligently, drive a vehicle, with or without motor on public roads, not being able to do it safely for being under the influence of narcotic drugs, psychotropic substances or similar products with physical, mental or psychological disturbing effect on fitness to drive

Article 292 Código Penal

Impairment

Page 10: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

How to interpret the analytical results in impairment approach?

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Page 11: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Per-se approach can be based in three different type of limits:

The lowest limit of quantification or limit of detection (Zero Tolerance)

The lowest limit of impairment

The lower limit of risk

Page 12: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Drug level and impairment – how do we measure this Mário Dias

(Source: INMLCF)

0

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18[ng/mL]

[Mean = 2,5 ng/mL]

[Median = 1,7 ng/mL]

1 ng/mL

67 %

2 ng/mL

39 % 26 %

3 ng/mL

THC LEVEL IN BLOOD

Page 13: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Drug level and impairment – how do we measure this Mário Dias

(Source: INMLCF)

17.85% 18.42% 16.40%

7.14% 7.89% 10.15%

3.57% 3.51% 3.13%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

2011 2012 2013 2014 2015

≥ 10

5 to < 10

3 to < 5

2 to < 3

1 to < 2

< 1

[ng/mL]

THC LEVEL IN BLOOD

Page 14: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Drug level and impairment – how do we measure this Mário Dias

THC LEVEL IN BLOOD Prosecuted [Mean] = 2,81 [0,25 -17]

Not prosecuted [Mean] = 2,3 [0,25 - 10]

(Source: INMLCF)

67.00% 67.00% 70.00% 69.00% 66.00%

33.00% 33.00% 30.00% 31.00% 34.00%

< 0,5 0,5 - 0,99 1 - 1,99 2 - 2,99 > 3

Prosecuted as impaired Not prosecuted as impaired

Page 15: Third International Symposium on Drug-Impaired Driving€¦ · Third International Symposium on Drug-Impaired Driving Drug level and impairment – how do we measure this Mário Dias

Lisbon, 23 October 2017

Third International Symposium on Drug-Impaired Driving

Drug level and impairment – how do we measure this Mário Dias

KEY ISSUES

The presence of THC in blood affects the ability to drive

There is a relationship between the concentration of THC in the blood and the degree of impairment, the risk of accident and culpability

There is no agreement about the concentration of THC in blood that allows to distinguish the type of consumer and the moment of the last consume, despite several scientific studies

The approach to driving under the influence of drugs should be made in a road safety perspective

The consumption of illicit substances, being an individual option, has social and economic consequences for all road users and for the society

Increases the public perception of the likelihood that drug drivers would be convicted

Monitor the drug driving problem and updates the legal limits according to the scientific literature and guidelines