Breathalyser part of Govt’s crime package

According to Works Minister Colm Imbert, the draft legislation will be listed for debate shortly thereafter and, if all goes well, should be passed by the middle of the year.

This amendment is part of the crime package agreed to between Government and the Opposition, so the Bill is expected to get an easy passage through both Houses of Parliament.

If passed, the amended legislation will be the toughest measure against drunk driving ever introduced in Trinidad and Tobago. While laws against drunk driving currently exist, the proposed amendments will introduce tougher penalties, including higher fines, jail time and even permanent disqualification from holding a driving permit.

At present drunk driving is an offence under Section 70 (1) of the Motor Vehicles and Road Traffic Act (Chapter 48:50). According to the existing law, anyone found to be “under the influence of drink or a drug to such an extent so as to be incapable of having proper control of the vehicle”, faces a fine of $2,000 and six months imprisonment on first conviction. For any subsequent conviction, the penalty increases to a $4,000 fine and imprisonment for 12 months.

At present, field sobriety tests are the standard procedure for dealing with persons suspected of drunk driving.

“This is done purely by powers of observation,” explained Assistant Commissioner of Police (ACP) in charge of Traffic Nazamul Hosein.

“Your eyes might be glassy or bloodshot, your breath might be smelling of alcohol, your speech might be incoherent. The police officer has to observe all of this and form an opinion that your faculties are impaired and you are incapable of driving. When the matter goes to court, the officer must go before the magistrate and give evidence based on his observations and it is up to the magistrate to decide whether or not an offence has been committed.”

The proposed legislation will allow for more effective detection and conviction of drunk drivers. It is based on the United Kingdom’s Road Traffic Act 1988, which was amended in 2003.

The legislation sets prescribed blood alcohol limits of a breath alcohol concentration of 35 microgrammes of alcohol in 100 millilitres of breath (.35 percent) and a blood alcohol concentration of 80 milligrammes of alcohol in 100 millilitres of blood (.08 percent).

If a police officer has reasonable cause to suspect a person of drunk driving, he may require the person to provide a specimen of breath for testing. Any person who, without reasonable excuse, fails to provide a specimen of breath will be guilty of an offence.

In addition, a police officer may arrest any person who, as a result of a breath test, is found to have a blood alcohol level exceeding the prescribed limit — save and except where the person is a patient at a hospital. The standard field sobriety test will continue to be performed in tandem with breath testing.

If a person fails to provide a specimen of breath when asked, and there is reasonable suspicion of a high blood alcohol content, the police officer may arrest that person.

There are provisions in the proposed law for the breath test to be applied both roadside and at a police station. The latter will apply if a person refuses, without reasonable excuse, to supply a sample of breath roadside. Once arrested, the person is given another opportunity at the police station to supply a sample of breath.

There is a provision in the amendment for blood samples to be taken, if necessary. However, these can only be done at medical facilities, only if the person’s physical condition prevents him from giving a breath sample, only with the approval of a medical practitioner and only by a medical practitioner.

Under the draft legislation, a person convicted of drunk driving will face six months imprisonment and a fine of $5,000 on first conviction. A subsequent offence carries a fine of $10,000 and imprisonment for 12 months. In addition, convicted persons stand to lose their driving privileges for six months or more and third time offenders will be permanently disqualified from holding a driving permit.

One man who is eagerly looking forward to implementation of breathalyser laws in this country is ACP Hosein who is convinced that drunk driving and speed are the “lethal cocktail” that contribute to the high death toll on TT’s roads.

He pointed out to Sunday Newsday that to date there have already been 62 road fatalities compared to 49 for the same period last year.

“I personally would ask people not to drunk at all but that is just my personal view,” he said.

According to ACP Hosein, there will be numerous benefits for the country once the breathalyser is introduced, including a reduction in road traffic accidents, less alcohol consumption with an accompanying reduction in all types of alcohol-related offences, increased productivity, savings on motor vehicle insurance and reduction in hospitalisation costs incurred as a result of accidents.

His view is supported by Minister Imbert who pointed out that there is substantial data to show that the breathalyser has reduced drunk driving in countries where the test is administered.

He pointed out: “In the UK, a combination of breath testing, increased penalties and stricter legislation has decreased the percentage of road fatalities due to excess blood alcohol limits from 33 percent in 1995 to 20 percent in 2005.

“In the US, the same factors mentioned above — particularly stricter legislation as applied to younger drivers — reduced fatal accidents by drinking drivers some 46 percent between 1982-2001.

“In Austria, stricter breath testing legislation — accompanied by a lowering of BAC (blood alcohol content) levels from 0.08 ro 0.05 percent, immediately reduced alcohol related crashes by some 12 percent between 1997 to 1998.”

The breathalyser is just one of several measures due to be introduced in TT shortly to deal with the high rate of road fatalities.

“Legislation has been drafted enabling the use of speed guns by police officers, in order to more properly detect and stop excess speeding,” the Works Minister told Sunday Newsday.

“At the same time, amendments to the Customs and Excise legislation have been drafted to prohibit the importation of radar detection devices commonly used by drivers to avoid speed detection guns. Consideration is being further given to the use of cameras at traffic lights and intersections with regards to curbing speeding and other potentially dangerous traffic violations.”

This country will be only the second in the English-speaking Caribbean to introduce the breathalyser. Jamaica recently amended its Road Traffic Act to introduce additional drunk driving measures similar to the draft Bill soon to be considered by this country’s Parliament.