A New Law to Combat Drug Driving

Last Updated on Monday, 15 March 2010 14:29

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You may have heard in the news that as from 1 November 2009, the Police have new powers to require anyone driving a car to undergo a “compulsory impairment test”, if they have good cause to suspect that the driver has consumed drugs.

So if you’re out driving with your mates, Police can stop you and if they have a good cause to suspect that you’ve taken drugs, they can require you to take a ‘compulsory impairment test, which tests co-ordination, physiological reactions and markers for drug impairment such as pupil dilation

If the Police aren’t satisfied with your performance they can forbid you to drive – generally for 12 hours, and require you to provide them with a blood sample.

Then if they find evidence in your bloodstream of a “qualifying drug”, the Police can charge you with the offence of driving while impaired. A qualifying drug is any prescription medicine plus illegal drugs such as cannabis, opiates (opium, morphine, heroin, methadone), amphetamines (crystal, methamphetamine, “P”, ecstasy), benzodiazepines (diazepam, etc) and so on.The penalties for someone charged with the impaired-driving offence are aligned to those for drink driving and include compulsory loss of licence, and a fine or potential imprisonment. The penalties get more severe for repeat offenders. Check out the Ministry of Transport website for details on penalties www.transport.govt.nz.

Even if you’ve been stopped for another reason – say, at an alcohol checkpoint - and passed the breathalyser test, a Police officer can require you to take the compulsory impairment test if they form good cause to suspect that you’ve taken drugs.

It is an offence to refuse to participate in the compulsory impairment test and the police are empowered to arrest you. Likewise, it is an offence to refuse to undergo a blood test. The penalty for refusing the blood test is the same as for drug impaired driving – so there is no point in refusing the blood test in the hope that you will get off with a lesser penalty.

The compulsory test includes:

•    an eye assessment – pupil size, reaction to light, lack of convergence, nystagmus (ie abnormal eye movement - irregular eye movement can be a marker for drug impairment)
•    a walk and turn assessment
•    a one leg stand assessment

This law is quite ground breaking in that the Police can test and charge for prescription drugs they find in your bloodstream, and not just recreational ones. So if you are taking sedatives, antidepressants, or methadone, you will be treated the same as someone who’s stoned or wired. This is because if you are impaired, you are a danger to yourself and others and you shouldn’t be driving. It doesn’t matter what has caused the impairment.

But if you are on medication, and you have been following the prescription (you have taken the dose only at the required times, you have not taken any more than you should, and the doctor has not told you not to drive), you may not be charged. Keep in mind that prescriptions may also state that you should not do certain things while you are on medication, as they may affect your ability to safely perform tasks such as driving or operating machinery.

I guess the best thing is to just not go there. Pool for a cab with your mates, or take the bus!