News

11 September 2025

Ombudsman Velislava Delcheva has referred the matter of false positive drug tests to the Minister of the Interior Daniel Mitov and the Minister of Health Dr. Silvi Kirilov due to a significant increase in complaints from citizens over the past year who are motor vehicle drivers, complaining of false positive results from field drug tests. In addition, they point out that this was established after voluntarily undergoing testing for drug use.

In her recommendations to the two ministers, the public mediator points out that a comprehensive approach is needed to resolve the problem.

"The most urgent measure is to speed up the analysis of blood samples by expanding laboratory capacity and improving coordination between institutions so that results can be delivered within a short and reasonable time frame," writes Velislava Delcheva.

She insists that the Ministry of Health, together with medical experts and the National Drugs Council, should draw up an official list of all trade names of medicinal products that contain narcotic substances and may affect drug tests, and that the list should be publicly available and regularly updated.

"It is also highly recommended that an expert group be formed to discuss the creation of a list of medicinal products that do not contain narcotic substances but whose use may lead to a false positive field drug test, which should be open and able to be supplemented," the Ombudsman emphasizes.

Velislava Delcheva also points out the need for an information campaign targeting both citizens and the medical community about the possibility that medications may affect test results.

"Undoubtedly, combating cases of driving under the influence of psychoactive substances is key to protecting the lives and health of citizens and ensuring road safety. At the same time, it is necessary to protect people from disproportionate and unjustified consequences resulting from shortcomings in the testing system," the Ombudsman further argues.

According to Delcheva, the implementation of these measures will allow a balance to be struck between the public interest and the protection of individual rights.

Based on the complaints received by the Institution, the Ombudsman summarizes the problems into several groups: First is the widespread practice of the Ministry of Interior to use DrugTest 5000 field tests for preventive purposes, which often leads to false positive results. The problem is that this happens even to citizens who have not used narcotic substances, and the result is due to the intake of legal and often prescribed medications – painkillers, cough medicines, etc.

This puts citizens in the position of actual offenders—they face pre-trial proceedings, have their driver's licenses and motor vehicles temporarily revoked, are detained for up to 24 hours, and are often restricted in their ability to carry out their professional activities.

Another problem is the significant delay in performing laboratory analyses of blood samples, which creates prolonged legal uncertainty. There are cases where the results of blood tests are delayed for months, even more than a year, leaving people with no real opportunity to prove their innocence in a timely manner and restore their violated rights.

Velislava Delcheva is adamant that this situation is disproportionate and inconsistent with the objectives of control and violates the presumption of innocence, which is fundamental to the rule of law.

"Back in 2023, the Minister of the Interior made a commitment to open additional laboratories and train specialists to speed up the sample testing process. After another case of a citizen suffering from a false positive test, the Ombudsman took up the matter in 2025 and sent a letter to the Minister of the Interior. The Ombudsman was informed that tests were currently being carried out at the Military Medical Academy, the National Institute of Forensic Science - Ministry of Interior, and the Medical Institute of the Ministry of Interior, and that two robots had been purchased in 2023 to speed up the testing process," Delcheva points out.

She draws attention to the fact that, to date, the measures announced by the Ministry of the Interior to speed up blood tests have not been implemented and that urgent action is needed to reduce the time taken to obtain blood test results.

"As a result, the only option for citizens affected by false positive results is, after receiving their blood test results that rule out the presence of alcohol and drugs, to seek compensation through the courts for the financial and moral damages suffered under the Liability of the State and Municipalities for Damages Act," the public defender points out.

Delcheva highlights the problem that there is currently no official list of drugs that can give a false positive result in a drug test.

"Insufficient information exposes citizens to significant risk and equates a person who has taken medication as prescribed by a doctor with a person who has knowingly used drugs, with both parties being subject to the same penalties. This undermines trust in public institutions and has negative consequences for society as a whole," the Ombudsman states categorically.