Jerry Cowley (Mayo, Independent)
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Question 440: To ask the Minister for Transport his views on implementing mandatory breathalyser testing at the scene of all serious and fatal car accidents here because the gardaí have discretionary powers in this procedure but there are regular serious and fatal car accidents on roads; and if he will make a statement on the matter. [32484/05]

Martin Cullen (Waterford, Fianna Fail)
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The Road Traffic Acts provide that a member of the Garda Síochána may require a person in charge of a mechanically propelled vehicle to provide a preliminary breath specimen where the vehicle is involved in a road collision or where a garda considers that a road traffic offence has been committed, or where a garda forms the opinion that the person has consumed alcohol.

The purpose of preliminary roadside breath testing is to provide the gardaí with a facility to assist them in determining whether a person in charge of a mechanically propelled vehicle has consumed alcohol. However, the Road Traffic Acts provide that a person may be arrested for a drink driving offence without recourse to a preliminary breath test. In particular, there may be circumstances, especially in the context of a road collision, where it may not be possible for a member of the gardaí to require that a person submit to a preliminary breath test.