Here’s everything you need to know about the new roadside drug testing

Brought to you by the Road Safety Authority.

New drug driver testing is here.

Drug drivers be warned. Gardaí now have the power to test for recreational drugs on the roadside and new laws will introduce stronger penalties for anyone who has illegal drugs in their system.

New regulations that allow Gardaí to conduct roadside drug tests were introduced on 12 April, reducing the chance of offenders slipping through the net. A cannabis joint could be enough to see you disqualified, even if you're driving the morning after you smoked it. So anyone who takes drugs and gets in their car could take a hit in more than one way.

So what do you need to know and what are the big talking points surrounding the new laws? Here's what you need to know.

So what does this mean for drivers?

Under changes to the Road Traffic Act 2016, Gardaí can now carry out roadside testing to see if motorists are under the influence of drugs. The new testing for drug driving came into effect from midnight on Wednesday, 12 April.

What is the major difference?

Driving under the influence of drugs has been illegal since 1961. However, a new offence has been created for anyone being found in charge of a mechanically propelled vehicle with the presence of cannabis, cocaine or heroin in their system. Previously, Gardaí were required to prove impairment but you’re now liable for prosecution if one of these three substances is detected in your system. Now, anyone under the influence of drugs can be prosecuted even if their driving isn't impaired.

Was there no drug testing before this?

Gardaí did carry out tests but there was no reliable technology available for roadside testing. Drug testing was available in Garda stations but it was difficult to get accurate readings at checkpoints. Previously, they had to rely on the likes of pupil dilation measurement, balance tests and walking tests to assess suspected drug drivers on the roadside.

What will Gardaí use to do the testing?

Gardaí will be issued with the Dräger DrugTest 5000 to carry out the roadside tests. This allows them to take a saliva sample to test for the presence of cannabis, cocaine, opiates like heroin or morphine, and benzodiazepines like Valium.

Can I refuse to be tested?

Refusing or failing to take a roadside drug test is an offence in its own right, with penalties of up to six months in prison or a maximum fine of €5,000. So it's not recommended.

Can you be prosecuted if you drive the morning after smoking a joint?

If the test detects cannabis in your system, you can and will be prosecuted.

Can I still be prosecuted even if my driving is not impaired?

If the driver shows traces of illegal drugs like cannabis, cocaine or heroin, they will be prosecuted regardless of whether their driving has been affected.

Can I be prosecuted if I take prescription drugs?

Drivers who have been prescribed drugs or over the counter products on the advice of your doctor should continue to take their medicine. The new law is not designed to punish people for legal medication. However, if their driving is impaired by the use of these drugs, they can be prosecuted. If in doubt about whether to drive on prescription medicine, you should ask your doctor or pharmacist if it’s safe to do so.

What are the chances of being tested?

There will be 86 drug screening devices in Garda stations around the country and a further 50 available for roadside testing. The aim is to ramp up the number of devices available for roadside testing to 150 so this technology will be rolled out across the country and the new legislation will be actively enforced by Gardaí.

Why is it being introduced?

Road safety campaigners have been calling for a proper system to test for drugs at the roadside for some time. The Medical Bureau for Road Safety received 3,020 specimens of blood and urine in 2016 and found that 24% confirmed positive for drugs other than alcohol. Young male drivers were the biggest offenders, with 91% of these positive specimens coming from male drivers who were mostly in the 17-44 age range.

How serious of an issue is drug driving?

The above results show that it is an issue on our roads. Just like drink driving, drug driving can also have serious consequences for the driver’s passengers and other motorists. It’s been estimated that drug driving is a factor in roughly one in 10 fatal crashes.

Is there a drug driving limit like there is with alcohol?

No amount of illegal drugs is acceptable if it shows up on the test. The varying strengths of different recreational drugs make it difficult to advise people of how long they should wait after taking drugs before driving. Speaking at the press conference to announce the new measures, Director of the Medical Bureau of Road Safety Professor Denis Cusack advised people not to drive for at least 24 hours after consuming cannabis.

What happens if I fail the roadside test?

A driver who fails the test will be taken to a Garda station and a blood or urine sample will be taken and sent to the Medical Bureau of Road Safety for further analysis. If this confirms that drugs have been taken, then the driver will face disqualification.

What are the penalties for drug driving under the new law?

A driver who is discovered to have drugs in their system can be disqualified from driving for a year (or two years if it is their second offence), a fine of up to €5,000 and up to six months in prison.



From 12 April, An Garda Siochana will be able to test for drugs at the roadside via a drug detection tool called the Drager 5000. This device will be used detect Cocaine, Opiates (like morphine and heroin), benzodiazepines (Valium-like drugs) and Cannabis in drivers.

This builds upon previous efforts to tackle drug driving such as roadside impairment testing in 2014. The Road Safety Authority will front a nationwide educational campaign to raise awareness of the dangers of drug driving.

Brought to you by the Road Safety Authority.