site.btaOmbudsman Alerts Two Ministers Over Increase in Complaints about False-Positive Field Drug Tests

Ombudsman Velislava Delcheva has alerted the ministers of Interior and Health to a rise over the past year in complaints from drivers of motor vehicles about false-positive results from field drug tests.

In her recommendations, Delcheva points out the need for a comprehensive approach with measures to address 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 are delivered within short and reasonable timeframes,” wrote the Ombudsman.

She insists that the Ministry of Health, with medical experts and the National Drug Council, compile an official list of all commercial names of medicinal products that contain narcotic substances and may influence drug tests. This list should be publicly available and regularly updated. Among the Ombudsman’s proposals is the formation of an expert group to consider creating a list of medicinal products that do not contain narcotic substances but may still cause a false-positive result in a field drug test.

Delcheva also emphasizes the need for an information campaign aimed at both the general public and the medical community regarding the possibility that prescribed medications may affect drug test results. According to Delcheva, implementing these measures would help strike a balance between public interest and the protection of individual rights.

Based on complaints received by the Ombudsman's office, Delcheva outlines several sets of issues. The first involves the widespread practice by the Ministry of Interior of using DrugTest 5000 field tests as a preventive measure, which frequently results in false-positive results. The problem arises even among individuals who have not used any illegal substances, with test results affected by legal and commonly prescribed medications—such as painkillers, cough medicine, and others. As a result, citizens find themselves treated as offenders: pre-trial proceedings are initiated, their driver's licenses and vehicles are temporarily suspended, they may be detained for up to 24 hours, and often face limitations in their ability to carry out professional duties.

Another major issue is the delay in conducting laboratory analysis of blood samples, which creates prolonged legal uncertainty. In some cases, blood test results are delayed for months—or even more than a year, leaving individuals unable to prove their innocence in a timely manner and restore their violated rights.

"Back in 2023, the Minister of Interior had committed to opening additional laboratories and training specialists to accelerate the sample testing process," Delcheva notes. Following yet another case of a woman harmed by a false-positive test, the Ombudsman initiated an inquiry in 2025 and sent a letter to the Minister of Interior.

The Ombudsman was informed that, currently, testing is carried out at the Military Medical Academy, the National Institute of Criminology at the Ministry of Interior, and the Medical Institute of the Ministry of Interior. Additionally, in 2023, two robotic systems were purchased to speed up the testing process.

Delcheva points out that, as of today, the measures pledged by the Ministry of Interior to accelerate blood testing procedures have not been implemented. She stresses the urgent need for immediate action aimed at reducing the turnaround time for obtaining blood test results.

“As a result," Delcheva says, "the only recourse available to citizens affected by false-positive results is to seek compensation through legal proceedings after their blood test, proving the absence of alcohol or drugs, has been released. This can be done under the State Liability Act for any material or non-material damages suffered."

At the end of August, Interior Minister Daniel Mitov addressed the issue, saying that the reason drug tests are detecting ordinary medications is multi-faceted. According to him, the tests are highly sensitive, and this is not just a problem in Bulgaria. He added that these tests react to medications that, in principle, should not be taken before driving—even some cough syrups fall into this category, Minister Mitov noted.