Legislation giving gardaí the power to test for alcohol all drivers involved in a crash where someone has been killed or injured is to be introduced within weeks.
Minister for Transport Noel Dempsey yesterday published the Road Traffic Bill 2011 to give gardaí the power to carry out mandatory breathtesting at crash sites.
The legislation was approved by Cabinet in a meeting before Christmas and is due to come before the Seanad on January 19th.
It was drawn up to deal with an issue in the Road Traffic Act 2010 - which also provided for mandatory testing at crash sites. However, this new power was linked to the introduction of lower drink driving limits.
Lower drink drive limits are not expected to come into force before September, at the earliest, to allow for the purchase and testing of new evidential breath-testing equipment capable of testing at the new levels.
Legislation passed last year provides for the reduction of the current blood alcohol limit of 80mg to fall to 50mg and the introduction of a new level of 20mg for inexperienced motorists and professional drivers.
A spokeswoman for the Minister said last night that rather than wait, new legislation was being introduced to provide for testing at crash sites. She said it was hoped the Bill would be passed within weeks because it had all-party support.
Currently, the law states gardaí may test a driver for alcohol at the scene of a crash. The Road Traffic Bill 2011 removes this discretion, except in cases where a Garda or medical professional advises against a test.
Mr Dempsey said the tests were being limited to crashes resulting in an injury to avoid having gardaí called to all minor collisions.
The Medical Bureau of Road Safety has responsibility for providing and monitoring breathtesting equipment.
The number of testing machines in Garda stations would rise from 64 to 86.
