Tougher laws on driving under influence on way

New offences and harsher penalties could also be introduced for careless or inconsiderate driving which results in death or serious injury.

The proposals are part of a suite of changes to road traffic legislation submitted by Home Affairs which the States is expected to debate in the next few months.

The changes would include removing the legal right of a driver to demand a doctor to carry out a blood or urine test for alcohol, potentially as a way of overriding a failed breath test.

‘Because there is inevitably a delay while waiting for a doctor to attend, the driver’s alcohol levels may diminish, meaning that the level of intoxication experienced while driving might not be truly represented,’ said Home Affairs president Rob Prow.

Concerns about that process include the potential for laboratory results to take several weeks to be returned, drivers released and free to continue driving, and that, having been bailed, they may not return to face charges.

The changes would also include setting new limits on levels of certain illegal or prescribed drugs which are known to impair driving.

Prescribed drugs covered by similar legislation in the UK, referenced by Home Affairs, include diazepam, oxazepam and temazepam.

The incidence of driving under the influence has declined since the 1980s when the first laws against it were introduced.

But between 2017 and 2021 there were still an average of 103 driving offences each year involving drink or drugs.

At present, breathalyser readings stand up in court only if the test was carried out at the police station. Home Affairs wants the law extended to include other locations.

Deputy Prow said roadside tests were not used in court because they were not supported by law.

‘The ability to take evidential breath samples at the roadside and elsewhere would save considerable time and help to ensure that justice is served in a timely manner,’ he said.

‘It would also help remove delays and risks caused by waiting for laboratory results.’

An update to the laws would seek approval to use roadside drug screening tests and a new offence of failing to comply.

Home Affairs said the tougher laws would be accompanied by a public information campaign to make drivers more aware of the hazards of drug-driving in particular and act as a deterrent.