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Gardaí identify legal flaw with roadside impairment test

Drivers who fail the Garda’s roadside impairment test cannot be required to provide a blood or urine sample due to an error in the legislation, The Irish Times has learned.

Impairment tests were introduced under the Road Traffic Act (2016) which also gave gardaí powers to test motorists for drugs at the roadside. Gardaí began roadside drug-testing in April 2017.

Under an impairment test, a driver is examined on their ability to carry out a number of co-ordination tasks, including walking in a straight line. Pupil dilation is also checked.

However, a drafting error in the Act means gardaí do not have the power to take a blood or urine sample from a driver arrested for failing or refusing to take an impairment test.


Source: David Labanyi, The Irish Times, 09/07/18 

Posted by on 07/09 at 02:13 PM in
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