Varadkar to seek crash scene breath test pledge

Transport Minister Leo Varadkar said he will write to his cabinet colleague, Justice Minister Alan Shatter and the Garda Commissioner to ensure drivers are breath tested at the scene of serious crashes.

It follows revelations that this is not happening in over half of cases, despite laws introduced last summer making alcohol testing mandatory following crashes where someone was injured or required medical attention.

Minister Varadkar met with campaigners for road safety and people who had lost loved ones through traffic accidents yesterday.

He said that “enforcing the law is a matter for the gardaí” but that he would be writing to Mr Shatter and Commissioner Martin Callinan “seeking an assurance that the law is being enforced and is being enforced in full.”

Gardaí said officers complied with the law on mandatory breath testing of drivers in serious collisions in the “vast majority” of situations.

Gardaí said the law covering the breathalysing of such drivers allowed for exemptions, primarily where the person needs medical attention.

A Garda spokesman said: “In the vast majority of situations we are complying with the legislation. There are practical reasons why tests can’t always be taken and these are covered in the legislation.

“The priority is the preservation of life and getting medical assistance. Bear in mind the circumstances of these collisions can be very demanding and our members are trained to give priority to life.”

He said members were also exempt in cases where they arrest the person.

Figures in a reply to a parliamentary question showed that of the 107 drivers involved in fatal road crashes between July and Dec 2011, 62 could not be tested.

Garda figures show that of the 62 cases:

* 33 of the drivers were dead (and therefore no sample taken).

* 19 had to receive medical attention.

* Five were unable to provide samples on medical grounds.

* Three samples were requested at hospital.

* One was a hit and run and one case where the driver was unknown.

The reply to the PQ also said that of the 213 drivers involved in serious collisions leading to injury last year, 113 could not be tested.