Abstract
The contribution deals with two important aspects of driving under the influence of psychoactive substances per its default factual basis according to § 274 of the Criminal code. The first one is the incidence of this crime in the absolute numbers of crimes committed, the other is the penalty imposed for this crime in relation to corresponding transgressions according to the Road traffic statute.
The author concludes, that the sanctions imposed according to administrative proceedings are often more severe than penalties imposed by courts. The author concludes that the proper solution de lege ferenda might lay in wider sanction of undesirable behavior under the influence of psychoactive substances withing the boundaries of administrative law, therefore removing the burden from criminal justice by constituing stricter aspects of the factual basis of a felony, the fulfilment of which would constitute the felony of driving under the influence of psychoactive substances.
