Don’t be a dope and get behind the wheel...
We look at drug-driving tests after first arrest for cocaine
ROADSIDE drug testing came into effect just over a week ago and one of the first drivers stopped tested positive for cocaine.
Drug-driving was already an offence under existing legislation – but Transport Minister Shane Ross brought in the new saliva swab to allow officers to test for illegal narcotics such as cocaine, cannabis, opiates and benzos (benzodiazepines).
Our Q&A explains the process along with a list of dos and don’ts…
I thought gardai could already test for drugs?
Gardai and the Medical Bureau of Road Safety have been testing drivers for drugs since 1999. Officers now have the power to conduct preliminary drug tests at the roadside or in Garda stations.
How will they test for drugs?
Drager Drugtest 5000 devices will be used to examine saliva for cannabis, cocaine, opiates and benzodiazepines.
If positive, a blood specimen can be taken which will be sent to the MBRS for testing. If gardai believe you are impaired and the results of the drug test were negative, they can request a blood or urine sample which will also be sent to the bureau.
What will I have to do at these checkpoints?
In addition to being breathalysed for alcohol, you can now be asked to give an oral fluid sample by using a mouth swab. Gardai may also carry out an impairment test.
What happens if I refuse to take part in the preliminary drug test?
Refusal to provide a sample is an offence which can lead to a €5,000 fine or imprisonment of up to six months – or both.
How long will the test take?
The entire process takes 10 minutes – a minute to collect the saliva and eight to get a result once the cartridge is placed into the Drugtest 5000.
Will I be arrested if my oral fluid is positive for drugs?
If your oral fluid tests positive for cannabis or cocaine you will be arrested and brought to a Garda station where a blood specimen will be collected and sent to the MBRS for analysis. If you test positive for benzos or opiates and gardai believe you are impaired you will be arrested and brought to a Garda station where a blood specimen will be taken for the MBRS. If you test positive but gardai don’t believe you are impaired you are not committing an offence.
What if my saliva test is negative for drugs?
If your test was negative but gardai believe you are impaired due to some other drug the device doesn’t pick up (e.g. amphetamines) you will be arrested and a blood or urine specimen taken at the station and sent for analysis.
Is this system currently used elsewhere?
The Drager Drugtest 5000 is used in Germany, Norway, Denmark, Spain, Australia, England, Wales, Italy, Ukraine and the US.
What are the penalties for drug-driving?
The penalty is the same as for drink driving – a maximum €5,000 fine and up to six months’ imprisonment on summary conviction. The minimum disqualification is one year and the maximum is six.
Will I test positively from taking over-the-counter medicine eg aspirin/cold and flu drugs?
Most over-the-counter medi- cines will not be detected but codeine ( found in Nurofen Plus and Solpadeine) is an opiate and is detectable in oral fluid. This is not a problem if you are not impaired. Anti-histamines which can cause drowsiness and are used in some cold and flu remedies will impair your driving ability.
Will herbal medications show up in the test?
If the herbal product contains a drug that can cause impairment it may be detected in a MBRS analysis.
Does cannabis stay in your system for days after you smoke it?
The Drager Drugtest 5000 will detect 9-Tetrahydrocannabinol (THC), the active ingredient in cannabis, in saliva for about six hours after the last use of the drug.
As a regular cannabis smoker, how do I know when I am allowed to drive?
It is recommended to wait 24 hours after last using cannabis before driving.