Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 1073: To ask the Minister for Transport the penalty for prosecution for a drug driving offence, including the length to time a driver's licence is withdrawn; the timeframe to re-apply for the restoration of a driving licence; and if he will make a statement on the matter. [30089/06]

Brian O'Shea (Waterford, Labour)
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Question 1116: To ask the Minister for Transport his proposals to introduce a breathalyser system to test drivers for illegal drugs; and if he will make a statement on the matter. [29485/06]

Brian O'Shea (Waterford, Labour)
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Question 1117: To ask the Minister for Transport the evidence he has regarding the extent of impairment of drivers arising from the presence of illegal drugs in their systems; and if he will make a statement on the matter. [29486/06]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 1073, 1116 and 1117 together.

The Road Traffic Acts provides that a member of the Garda Síochána may, where he or she 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 an extent as to be incapable of having proper control of that vehicle, require that person to go to a Garda station and further require that person submit to a blood test or to provide a urine sample which will then be subject to analysis by the Medical Bureau of Road Safety.

The Medical Bureau of Road Safety continues to analyse blood and urine specimens received under the Road Traffic Acts for the presence of a drug or drugs. In 2004, 569 specimens were tested for the presence of a drugs or drugs. 354 specimens tested positive and 215 were found to be negative for the presence of a drug or drugs.

There is no feasible basis for the introduction of a scheme of preliminary roadside testing for drugs at present. However, screening devices based on oral fluid specimens are being developed for the purpose of carrying out roadside drug testing. Such testing devices are in prototype stages and the Medical Bureau of Road Safety is keeping abreast of developments in this area.

The Bureau undertook a two-year research programme of drug analysis of blood and urine samples in 2001 and 2002. The complete confirmatory results of the survey identifies trends in the types of drugs being taken, their combination with alcohol, and the incidence of polydrug use. The confirmation analysis of specimens continued in 2003 and the data collection and report was published in June 2004.

The study indicates that 15.7% of all tested drivers were positive for one or more drugs; that of the drivers who were under the limit for alcohol, 33.1% were positive for one or more drugs; and that of the drivers with very low or zero levels of alcohol, 67.9% were positive for drugs.

The offence of driving under the influence of an intoxicant to such an extent that the driver is incapable of having proper control of the vehicle attracts a disqualification of not less than 2 years in the case of a first offence, and, not less than 4 years in the case of a second or any subsequent offence. The courts can also impose a fine of up to €2,500 and/or 6 months in jail.

In the case of a 2 year disqualification a person can only apply for a review of the period after the expiry of 9 months and one year of the disqualification must be served. Where a disqualification order is made for a period of 4 years, the request for a review may not be made until a period of 21 months has expired and the period of disqualification cannot be reduced to less than 2 years.