More than half of injured drivers involved in fatal road traffic incidents were not tested for intoxication while in hospital, new figures show.
Under the Road Traffic Act (No 2) 2011, gardaí must conduct a breath test at the scene of a crash where someone has been injured and requires medical attention.
Furthermore, under the Road Traffic Act 2014, gardaí must direct a designated doctor or nurse to take a specimen of blood in hospital from a driver who is incapacitated following a serious road traffic collision. That specimen must then be tested for intoxicants such as alcohol and drugs.
However, data obtained from the Department of Justice shows that between 2020 and this year, 51 per cent of injured drivers involved in fatal collisions were not tested for intoxication while in hospital.
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There were 133 fatal road traffic collisions between 2020 and September 24th last in which at least one driver suffered minor or serious injuries.
Due to those incidents, a total of 165 drivers were injured, with 147 taken to hospital for treatment. However, according to the figures, 77 drivers admitted to hospital for treatment were not tested for intoxication.
The statistics were released in response to a parliamentary question from Social Democrats TD Catherine Murphy.
Susan Gray, founder of Parc (Promoting Awareness, Responsibility and Care on our roads), said the road safety group was concerned “as the current law for testing drivers for drugs in hospitals is not working in many cases and research needs to be carried out to see where the weaknesses lie”.
Minister for Justice Helen McEntee said she was advised by gardaí that it was “not possible to provide the reasons why drivers are not tested in hospital” as the force’s Pulse system only records reasons for not testing at the scene of the crash.
“I am also advised by the Garda authorities that the most common reason for not testing these drivers is that the driver was not at the scene of the collision when gardaí arrived,” she said. “Another common reason is in situations where a test cannot be administered on medical grounds.”
