Motorists who have consumed drugs in the week before getting behind the wheel could be convicted under new drug-driving laws — even if they are not under the influence at the time of detection.
The Cabinet yesterday approved new road traffic laws that would permit gardaí to take samples from motorists to test for traces of cannabis, heroin or cocaine in the blood.
Transport Minister Paschal Donohoe said that the limit over which motorists will be prosecuted under new laws would depend on the drug, and confirmed that those with cannabis in their system will face charges — even if the detection is due to lingering residual traces.
The legislation provides for the preliminary testing of motorists’ saliva for drugs by gardaí at the roadside or in a Garda station. A positive detection would lead to a subsequent blood test.
A conviction would see a motorist liable to pay a fine of up to €5,000, spend up to six months in prison, or both.
The offence also carries a minimum one-year driving disqualification for a first offence and a minimum two-year ban for a second or subsequent offence.
Under the current road traffic laws, gardaí must provide evidence that they believe that a road user is under the influence of drugs to the extent that their driving is impaired before they can arrest the motorist and take a sample.
The Department of Transport said the new laws would allow for testing where impaired driving was not immediately obvious, and that the new testing would provide a visible enforcement that will act as a deterrent.
The Ana Liffey Drug Project — a national addiction service — said cannabis can be detectable in a drugs test up to 28 days from use, depending on a number of factors.
Mr Donohoe said that regardless of cannabis’s ability to remain in a user’s system, those over the limit will be prosecuted under the new laws.
Source: Joe Leogue, Irish Examiner, 16/12/15
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