New roadside devices that can test a driver's saliva for the presence of drugs will be introduced this year, according to Minister for Transport Paschal Donohoe.
The measure is part of an increased enforcement regime the Minister wants to see in 2015. Mr Donohoe said he is unhappy with the current level of road safety enforcement and wants to see it increase in the next 12 to 18 months.
“Enforcement, and the perception that enforcement will happen, is critical to road safety. I believe the level of enforcement needs to increase,” he said.
Legislation to be published in the coming weeks will give gardaí powers to use devices that will provide a roadside indication of the presence of drugs in a driver’s system.
A positive reading will result in the motorist being asked for a blood or urine sample for more detailed analysis. As with drivers suspected of drink driving, a refusal to provide a sample will be an offence.
Heads of Bill
Draft legislation providing for the tests – the Road Traffic Bill 2015 – has been sent to other departments for consideration and the Minister plans bring the heads of the Bill to Cabinet early this year.
Mr Donohoe expects the devices to be in use within 12 months. He said the reason for their introduction was research showed drug driving was a significant factor in road fatalities and he believes the issue is under-reported.
“Research from the coroner in Co Kildare showed that over a 10-year period 50 per cent of those who lost their lives in crashes tested positive for the presence of drugs.”
The devices will test for a number of illegal drugs such as cannabis, amphetamines, cocaine, methadone, ecstasy and opiates such as heroin. They will also test for off-the-shelf and prescription medicines such as benzodiazepines, sleeping pills and strong painkillers that can impair driving if consumed incorrectly or in combination with other drugs.
Currently, if a driver suspected of being intoxicated tests negative for alcohol their blood or urine sample is tested for drugs. If drugs are found in their system they will be prosecuted for intoxicated driving.
Polydrug use
Last year, 1,238 samples from drivers were analysed for drugs and 58 per cent tested positive, 52 per cent were positive for two or more drugs, so-called polydrug use.
Mr Donohoe said drug testing would be legally “challenging and nuanced”.
Part of the reason for this is the extent of polydrug use and the fact that certain substances, such as cannabis, can remain in the blood for weeks after consumption.
The Minister said it was not clear yet if the legislation would name specific substances and set an intoxicant level. He said the number of drugs to be tested for at the roadside depended on the device chosen.
“The number of drugs has not been determined. My thinking is that for illegal drugs if a person is found with these in their system they will have committed an offence.”
The penalties for drug driving will be similar to those for drink driving, and higher for a driver who is intoxicated through alcohol and drugs. He said those taking medication in accordance with medical advice and within the recommended dosage had nothing to fear from the new regime.
Last year, gardaí introduced roadside co-ordination tests to help them determine if drivers had consumed drugs.
The Medical Bureau of Road Safety, – which is responsible for testing for alcohol and drugs, – is evaluating a number of bids to supply the new devices.
Prof Denis Cusack, head of the bureau, said until a supplier was chosen he could not confirm how many substances would be tested for.
Once a device is chosen there will be a nine-month testing and training process before the devices are given to gardaí.
Prof Cusack said the complexity of the devices meant they were likely to be significantly more expensive than the breathalyser units used to test for alcohol.
