KEY POINTS:
How many people are suspected of driving under the influence of drugs? Is there a particular drug that affects driving ability?
Cannabis is known to be the third most popular drug in New Zealand (after alcohol and tobacco) and international research has shown that cannabis can impair the ability to drive. Blood samples from deceased drivers have often been found to contain drugs. Because we have not had a compulsory testing regime in New Zealand, it is difficult to quantify the number of drivers under the influence of drugs.
How would testing work?
Drivers who are suspected of being impaired by alcohol or drugs will be required to carry out alcohol breath screening tests, and evidential breath alcohol tests. If alcohol is ruled out and the officer remains concerned about the driver's ability to drive safely, the driver will be required to carry out an impairment test. This involves specific tests to detect impairment from drugs, such as a walk and turn test, judging the passage of time, and consideration of eye dilation. If a driver cannot complete the test, they would be required to give a blood sample to be tested for the presence of illegal drugs.
Would prescription drugs be picked up in police tests? Would the law also apply to prescription drugs if they impair driving?
It is an offence to drive while incapable of proper control of a vehicle due to alcohol or drugs. That offence will remain under the proposals for new legislation. The new offence will be for driving while impaired by illegal drugs. If impairment is detected at the roadside, the police officer will be able to prevent the driver from continuing to drive. If prescription drugs are found in the blood, then as long as they were taken by prescription, the driver would not be charged with driving while impaired by illegal drugs, but may be charged with other driving offences such as careless or dangerous driving.
If the bill is passed, when would we be see drug tests for drivers?
Roadside impairment tests are already carried out by police. The new legislation would require me as Minister of Police to approve the compulsory test, and the test would have to be published in the New Zealand Gazette. The test would become compulsory 30 days after it was published. I hope this will progress steadily through the legislative process and compulsory tests will be in place in the New Year.
Some drugs, such as dope, stay in your system for a long time. Would these show up in tests by police, even if you hadn't smoked for ages?
Blood specimens taken as evidence of driving while impaired by drugs will be tested for the psychoactive chemicals in drugs. So while it is true that cannabis can be detected for many days, the psychoactive chemicals are usually only detectable for up to 12 hours.
Isn't it hard enough for the police to cope with drink-drivers without adding another group? How would the court system?
The new legislation should help to deter people from driving under the influence of drugs, and it should also help us to educate drug users that driving under the influence of drugs is dangerous. The compulsory impairment test will help police at the roadside prevent an impaired driver from continuing their journey. Drink-driving remains a high priority, but I believe there is a need to also address the risk to safety posed by drug users on the road. The safety benefits far outweigh any difficulties the courts may have with increased numbers of offenders being caught.
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