A PROPOSAL TO take a blood sample from unconscious drivers involved in crashes to test for alcohol levels has been delayed after concerns were raised by the Attorney General.
The measure had been put forward by Minister for Transport Leo Varadkar who told the Oireachtas Transport Committee in July he hoped to include this new power in the Road Traffic Bill 2011, which was yesterday before the Seanad.
The initiative aims to allow tests for alcohol and drugs be carried out as close as possible to the time of a collision because levels can fall significantly by the time an incapacitated driver regains consciousness.
The sample would, however, be stored but not analysed until the person was able to give consent. A refusal to consent would be an offence.
The provision was included in a draft of the legislation allowing “for the taking of a specimen of blood, in a hospital, from unconscious drivers until such time as they can give consent for that specimen to be analysed by the Medical Bureau of Road Safety (MBRS).”
However, this provision has been removed after Máire Whelan advised the Government primary legislation would be required.
“The Attorney General took the view that in order for to stand up in court we needed primary legislation. I think that is good advice and I think it will be published next year,” Mr Varadkar said, adding he remained committed to introducing the measure.
The Irish Medical Organisation had welcomed the proposal as a deterrent to drink driving while road safety groups such as Parc said it would reduce incidences of a driver feigning injury in a bid to avoid being breathalysed.
This power is available to police forces in other countries. Under the Police Reform Act (2002), British police are permitted to request the taking of a sample from an unconscious driver. The Home Office said the provision gives doctors “a power, but not a duty” to take a sample.
The Minister said although this measure had been delayed, the Government was proceeding with the introduction of new, lower blood alcohol limits of 50mg for fully licenced drivers and 20mg for novice and professional drivers and an impairment test to measure co-ordination.
Mr Varadkar said if he can get the legislation passed quickly, he would like to introduce the new limits over the October Bank Holiday weekend.
He said significant numbers of gardaí had received field impairment training to help with the detection of drivers who had consumed drugs.
“Most people who are drug driving are also abusing alcohol so we tend to get them anyway when we test. Once a driver breathalyses positive for alcohol they are tested for drugs as well,” he said.
