Drink and drug enforcement

Measures to improve the enforcement of drink and drug driving offences

 

The Government is introducing a range of measures (detailed below) to improve the enforcement of drink and drug driving offences.  These measures are included in the Deregulation Bill, which was introduced into Parliament on 23rd January 2014. The Bill had its second reading debate on 3 February 2014, and a committee debate on 11 March 2014.  The Report stage: House of Commons, is still to be announced.

In addition to these measures, portable evidential breath testing devices are expected to be available in late 2014 and will offer significant time savings in enforcing the drink driving offence.

 

Removal of the ‘statutory option’

The statutory option entitles a suspected drink driver to have their specimen of breath replaced by a specimen of either blood or urine.  This entitlement is available if the lower of the two breath specimens contains no more than 50 micrograms of alcohol per 100 millilitres of blood.  

There is evidence to suggest that convictions are being lost as suspected drink drivers seek to exploit this loophole.  Delays occur in obtaining an evidential specimen when the suspected drink driver exercises this entitlement, allowing them to ‘sober up’ and evade conviction.

The statutory option was originally introduced owing to concerns over the reliability of evidential breath testing devices.  Advances in evidential breath testing technology mean that the reliability is no longer a concern and the statutory option is no longer necessary.

 

Removal of the requirement for a preliminary breath test before a roadside evidential breath test

A preliminary breath test is a pre-requisite to taking evidential breath specimens at places other than a police station or a hospital.  For example, a preliminary breath test would be required if evidential breath specimens were to be taken at the roadside.

The removal of this requirement will avoid delays in taking evidential breath specimens, and will avoid an extra test in what can be difficult operational scenarios for the police.  This measure will have no effect until portable evidential breath testing devices have been type approved.  These devices are currently being type approved by the Home Office are expected to become available in late 2014.

 

Extension of the role of registered health care professionals to take evidential blood specimens in hospitals

Currently, both medical practitioners and registered health care professionals can take evidential blood specimens in police stations for drink and drug driving investigations.  However, only medical practitioners can take blood specimens in hospitals.

Allowing registered health care professionals to take evidential blood specimens in hospitals for drink and drug driving investigations will be consistent with other police investigations and other medical contexts.  In practice this extension of the role of registered health care professionals will apply to nurses and paramedics.

 

Extension of the role of registered health care professionals to advise whether a person has a condition that might be due to a drug

A medical practitioner’s opinion on whether a person has ‘a condition which might be due to a drug’ is a pre-requisite to requiring a blood specimen from that person, if that person is suspected of a drug driving offence.  

Allowing registered health care professionals to form the opinion whether a person has ‘a condition which might be due to a drug’ will save police time and costs as a medical practitioner is not always readily available to provide advice.  This will reduce delays in obtaining an evidential specimen from a person suspected of drug driving.  Appropriate training for registered health care professionals in forming this opinion will be ensured through the inclusion of a set of competencies in NHS England’s commissioning standards.