Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 417: To ask the Minister for Transport his views on the demand of People Against Road Carnage, a group representing the families of road victims, for legislation directing gardaí to breathalyse or take a blood test from all drivers involved in road accidents causing injury or death, in order to ascertain that they are within the legal limit of alcohol consumption; and if he will make a statement on the matter. [7125/07]

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. Garda discretion in relation to the use of preliminary roadside tests in such circumstances is necessary, having regard to possible injuries sustained, and I do not propose to alter that position.

The Road Traffic Acts also place an obligation on a person to provide a blood or urine sample in a hospital. This applies where an event occurs involving a vehicle which results in a person being injured, or a person claiming or appearing to have been injured, where the person is admitted to or attends a hospital, and a member of the Garda is of the opinion that, at the time of the event, the person had consumed an intoxicant. An intoxicant includes alcohol and drugs or any combination of alcohol and drugs.