The position in relation to drivers involved in road accidents and testing for alcohol levels is outlined in the Road Traffic Acts. The 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. There may be circumstances, especially in the context of a road collision, where it may not be possible for a member of the Gardaí to require that a person submit to a preliminary breath test. I do not propose to alter the legislation to make it mandatory to breathalyse all drivers involved in road accidents.
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 Gardai 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.
