Written answers

Tuesday, 9 October 2012

Department of Transport, Tourism and Sport

Road Traffic Offences

Photo of Robert DowdsRobert Dowds (Dublin Mid West, Labour)
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To ask the Minister for Transport, Tourism and Sport if he will outline the law regarding driving a vehicle while under the influence of illegal drugs. [42820/12]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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It is illegal to drive while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle.   Section 4 of the Road Traffic Act 2010 prohibits the driving of a vehicle while under the influence of an intoxicant to this extent. An intoxicant is defined in the Act as including alcohol and drugs and any combination of drugs and alcohol.

Enforcement of the law on drug driving is a matter for the Garda Síochána.  When a member of the Gardaí suspects that a motorist is driving under the influence of any intoxicant, the Garda may arrest the suspect under Section 4.  Following arrest, an evidential sample of blood, urine or breath is taken and this is tested for alcohol content/presence of drugs by the Medical Bureau of Road Safety.  The Bureau issues certificates in respect of these analyses, which may be used as evidence in prosecutions for drug driving as appropriate.

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