Noel Dempsey (Meath West, Fianna Fail)

Driving under the influence of intoxicants, drugs and alcohol, is one of many key issues in road safety. Testing of drivers in respect of drugs is already provided for in the Road Traffic Acts. Section 49 of the Road Traffic Act 1961, as amended by the Road Traffic Act 2004, provides that where a member of the Garda Síochána is of the opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such extent as to be incapable of having proper control of that vehicle, he or she may require that person to go to a Garda station and there submit to a blood test or provide a urine sample.

The issue of roadside drug testing was discussed as recently as August 2010 at the International Conference on Alcohol, Drugs and Traffic Safety. It is agreed that there are scientific and legal issues to overcome in respect of roadside drug testing. Some of the issues include, the limitations in the choice of drug for detection, the level of detection of each drug class and the amount of specimen required.

The Medical Bureau of Road Safety is aware of the mechanisms for testing suspected drug driving operated by the French and Australian State of Victoria. Both jurisdictions are operating limited roadside saliva testing using the technology that is currently available. The bureau is aware that some other Australian States and other European jurisdictions, including Belgium, are preparing for the introduction of saliva testing and the bureau will continue to review the forensic options available as the technology develops.

In the meantime, the Road Traffic Act 2010 includes provisions for "field impairment testing", namely, non-technological methods by which the Garda can make a preliminary assessment about the possible presence of drugs.

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