Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 761: To ask the Minister for Justice, Equality and Law Reform the circumstances in which the gardaí can test a suspect for illicit drugs. [29541/08]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will appreciate that it is not my function as Minister to interpret legal provisions. However, I can tell the Deputy that I am informed by the Garda Authorities that all its members are tasked with enforcing legislation, including the provisions of the Road Traffic Acts, which provide for the offence of driving a mechanically propelled vehicle while under the influence of an intoxicant contrary to section 49(1), Road Traffic Act, 1961, as amended. An intoxicant includes alcohol or drugs or any combination of drugs or of drugs and alcohol.

Section 14 of the Road Traffic Act 1995 also provides that, where a member of An Garda Síochána is of the opinion that a person in charge of a mechanically propelled vehicle is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of the vehicle, he may require the person to accompany him to the station to provide a blood/urine specimen. Should this person refuse to accompany the member, s/he shall be arrested and subsequently required to provide a blood/urine specimen.