163. Deputy Matt Carthy asked the Minister for Transport if he plans to amend legislation regarding penalties for driving under the influence of drink and/ or drugs; if he intends that any proposed changes will include provision to extend the permissible time frame for obtaining alcohol samples to up to 12 hours post-incident, in line with standards in other jurisdictions, and facilitate hospital-based alcohol sampling without the need for Garda caution and allow for the immediate removal of vehicles from offenders to prevent repeated offenses; and if he will make a statement on the matter. [49836/25]

Minister of State at the Department of Transport: As Minister of State for International & Road Transport, Logistics, Rail & Ports, I wish to advise that my Department has no current plans to amend the penalties for driving under the influence of alcohol and/or drugs

In relation to the proposal that the window for obtaining blood samples be increased to 12 hours, I can confirm that the Department does not intend to make such an amendment and I am happy to take this opportunity to outline the reasons why.

The Medical Bureau of Road Safety (MBRS) has advised the Department that Ireland is in line with several other European countries in setting a time limit of 3 hours from an incident to sampling. Other jurisdictions have no particular limit but rather have legislated that a sample should be taken as soon as is practicable.

To increase this period would allow for the level of intoxicant in a driver's blood to steadily decrease, potentially allowing for the driver to be below the limit by the time an evidential test is taken. This would give an intoxicated driver a greater chance of evading criminal conviction.

The procedure for taking evidential blood and urine samples in a hospital is set out in Section 14 of the Road Traffic Act 2010. Section 14 requires that a member of An Garda Síochána form the opinion that the injured driver has been driving while intoxicated, consult with the doctor treating the driver if they are in a fit state to be tested and if so, require of the driver that they allow a designated doctor or nurse take an evidential sample. The sample is then returned to the Guard, who subsequently sends it to MBRS for chemical testing.

The amendment proposed, to facilitate hospital-based alcohol sampling without the need for Garda caution, would have considerable operational implications for the MBRS, which has a statutory responsibility for supplying testing kits to An Garda Síochána. If hospital equipment were to be used to take evidential blood samples, rather than the MBRS-tested and approved equipment, the Bureau would have to take on the role of scientifically assessing the sample collection tubes. Different kinds of collection tubes that are used in different hospitals may also affect some internal testing procedures.

In relation to the Deputy's point regarding the removal of vehicles, members of An Garda Síochána have the powers to seize the vehicles of drivers guilty of certain offences, including dangerous driving, driving a dangerously defective vehicle, driving without insurance and unaccompanied learner driving. Any potential inclusion of intoxicated offences within these powers would require close engagement with An Garda Síochána, taking into account such important factors as Garda resources and the availability of appropriate storage.