Jerry Cowley (Mayo, Independent)
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Question 169: To ask the Minister for Transport his views on implementing mandatory breathalyser testing at the scene of all serious and fatal car accidents here in view of the fact that the gardaí have discretionary powers with regard to this and in further view on the constant incidences of serious and fatal car accidents on roads; and if he will make a statement on the matter. [35808/05]

Martin Cullen (Waterford, Fianna Fail)
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I refer the Deputy to my reply to Question No. 440 of 8 November 2005. That reply is set out as follows and the position remains unchanged. 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, 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 Garda Síochána to require that a person submit to a preliminary breath test. Garda discretion regarding the use of preliminary roadside tests is an integral and important element of the enforcement provisions relating to the laws applying to drink driving and I do not propose to alter that position.