urine sample tests drink driving

12gauge dave

If one was arrested on suspicion of drink driving would the urine sample be tested for just alcohol level or alcohol and drugs?
If drugs are found can the charge be changed from drink driving to drug driving or is that not possible for a gardai to do?
thanks in advance

Victor

When you are tested, you haven't been charged yet.

As I understand it, they test for alcohol. If the result for alcohol is below the threshold for prosecution, they then test for drugs.

punisher5112

They can also take blood and all is tested as its now legislation alcohol and drugs and its crazy its taken so long for drugs to be added.

12gauge dave

Thanks for replies much appreciated

Pro Hoc Vice

punisher5112 wrote: »

They can also take blood and all is tested as its now legislation alcohol and drugs and its crazy its taken so long for drugs to be added.

There has been testing for drugs for years. It has been intoxicated driving for many many years and an intoxicant is drink or drugs.

Pro Hoc Vice

12gauge dave wrote: »

If one was arrested on suspicion of drink driving would the urine sample be tested for just alcohol level or alcohol and drugs?
If drugs are found can the charge be changed from drink driving to drug driving or is that not possible for a gardai to do?
thanks in advance

With a sample case the person is not charged on the night but will receive a summons when the sample has been tested for both drink and drugs.

punisher5112

Pro Hoc Vice wrote: »

There has been testing for drugs for years. It has been intoxicated driving for many many years and an intoxicant is drink or drugs.

In Ireland no we are behind nearly 20 years now.

I see drug addicts drive all the time even ones going into get their methadone.

Maybe not all would be high but honestly these have been driving like this for years.

Gardai are now trainned in what to look for as in eye charts and so on.

Only some cars are equipped with cameras but these have been used in most cop cars in the UK for years along with America even more and longer again.

Sobriety tests have been carried out for donky years in the U.S.

Pro Hoc Vice

punisher5112 wrote: »

In Ireland no we are behind nearly 20 years now.

I see drug addicts drive all the time even ones going into get their methadone.

Maybe not all would be high but honestly these have been driving like this for years.

Gardai are now trainned in what to look for as in eye charts and so on.

Only some cars are equipped with cameras but these have been used in most cop cars in the UK for years along with America even more and longer again.

Sobriety tests have been carried out for donky years in the U.S.

People have been convicted for decades of driving while under the influence of drugs including over the counter medication. It has been on the Statute books since 1961.

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0049.html#sec49

"49.—(1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle."

12gauge dave

Thanks for replies. So its fair to say urine will be tested for drugs eventhough the gardai arrested me for suspicion of drink driving alone and no mention of drugs was mentioned. i was only asked for a urine sample because the breathlyser at station was broken.

Pro Hoc Vice

12gauge dave wrote: »

Thanks for replies. So its fair to say urine will be tested for drugs eventhough the gardai arrested me for suspicion of drink driving alone and no mention of drugs was mentioned. i was only asked for a urine sample because the breathlyser at station was broken.

No a person is arrested for intoxicated driving,

4.— (1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

While AGS may think it's drink until the sample is tested they do not have proof. All neg samples for drink are tested for drugs including over the counter and prescription as well as illegal drugs.

12gauge dave

Pro Hoc Vice wrote: »

No a person is arrested for intoxicated driving,

4.— (1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

While AGS may think it's drink until the sample is tested they do not have proof. All neg samples for drink are tested for drugs including over the counter and prescription as well as illegal drugs.

So if the alcohol levels are high enough for an arrest and court appearance they will not bother to test for drugs?

Pro Hoc Vice

12gauge dave wrote: »

So if the alcohol levels are high enough for an arrest and court appearance they will not bother to test for drugs?

To be honest I do not know I can only assume that neg test for drink do lead to testing for drugs as I have seen neg drink results and the a positive drugs result. I have never seen a case that had results for both.

Little CuChulainn

12gauge dave wrote: »

So if the alcohol levels are high enough for an arrest and court appearance they will not bother to test for drugs?

Not unless it is specifically requested by the prosecuting Garda. Prosecuting a drugs case is harder as additional proofs are required in relation to driving so there would have to be a specific reason for this request to be made.

12gauge dave

Thanks for replies much appreciated

12gauge dave

Hi i got my alcohol urine test by registered post today it read 118mg per 100ml of urine.
according to the citizen information site that would have me in the bracket of a 1 year driving disqualification.
Do i have that right?

ohnonotgmail

12gauge dave wrote: »

Hi i got my alcohol urine test by registered post today it read 118mg per 100ml of urine.
according to the citizen information site that would have me in the bracket of a 1 year driving disqualification.
Do i have that right?

you were more than twice the allowed limit so i expect so.

Pro Hoc Vice

12gauge dave wrote: »

Hi i got my alcohol urine test by registered post today it read 118mg per 100ml of urine.
according to the citizen information site that would have me in the bracket of a 1 year driving disqualification.
Do i have that right?

http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0065.html#sec65

12gauge dave

Ya it seems ill get one year disqualification. I am hoping urine will now not be tested for drugs. Play the waiting game now i guess

Vevadox

Hi can I ask what info it has on the letter?
Is it just a copy of your result or does it have the date and time etc when you were arrested?

12gauge dave

Vevadox wrote: »

Hi can I ask what info it has on the letter?
Is it just a copy of your result or does it have the date and time etc when you were arrested?

it had the time and location of urine test and the alcohol per 100ml of urine result aswell as signature of urine sample.

Vevadox

Thanks man

Also could I say that if you are a first time offender with 118mg alc per 100ml urine; is it not in the experienced "(b) Exceeding 107mg but not exceeding 135mg of alcohol per 100ml of urine" offence?

I was 132, which is also in that bracket (400e fine and 6month disqualification)

I'm trying to find out if I have to go to court or if I am waiting on a fixed penalty/disqualification..


"If you hold a valid licence/permit at the time of the offence and your alcohol level is below a certain limit, you will be issued with a fixed penalty notice. If you pay the fine stated on the notice within 28 days, the additional penalty stated on the notice will be imposed but you will not have to go to court. You are not eligible for a drink driving fixed penalty notice if you have received a similar notice within the previous 3 years. The alcohol limits and penalties applied under the fixed penalty notice scheme are as set out below:"
( - citizens information)


but underneath that it says "If you have to go to court the penalties are as follows" and proceeds to give the same mg - ml per urine but with harsher outcomes.. ??

Just wondering if somebody could clear that up?

thank you!

12gauge dave

Ya like myself you will get a fixed penalty of 400euro and a 6monrh disqualification.

As long as you have a full licence and are not a driver by trade i think and this is your first drink driving offence??

I recieved my fixed penalty in post over a week ago and it says i have 28days to pay the 400euro fine then i will recieve a date in the post for which my ban will start.

So ya as long as you have a full licence and this is your first offence you should not be going to court which is a big help.

6months and 400euro is enough for me to learn my lesson without depressing me to peices

Vevadox

Very goood thank you, this was a question that was hanging over me!!

Waiting 6 months for a court summons or if I was to be expecting this penalty etc, the not knowing of it all was tearing me apart.

Do you know if we get convictions then? i'm so blind to it all..

also any word in handing your license over or do they just put you on their system as disqualified?
6months.......almost short enough to not get caught driving on the ban......
I'll wait it out, don't want this mess to get any bigger!




....I'm going to keep this piss test sample on my dash as a little reminder to never be as stupid, think of it as some holy water!! ;D (joke!)

thank you if you can answer any of them further questions

12gauge dave

im not sure about the conviction thing to be honest but im sure it will show up on our records but it didnt go through the courts so it may not either i dont know?

Ya people have told me to just drive through the 6months and not tell the insurance but its too much risk for the sake of 6months.

On the fixed penalty notice it says i have 14days from the start date of my ban to hand in my licence to my nearest driving licence centre im not sure if this is will be checked up on if i dont but i may aswell go along with it.

i know people that have driven through 2 year bans have gone through checkpoints and never told their insurance but its an extremly risky game id rather take the punishment. We got away lighltly as it is i had 8 cans of bulmers a doubke vodka red bull and was sipping on a can of carlsberg while driving before i threw it on da ground when i seen da blue lights behind me

mulbot

12gauge dave wrote: »

im not sure about the conviction thing to be honest but im sure it will show up on our records but it didnt go through the courts so it may not either i dont know?

Ya people have told me to just drive through the 6months and not tell the insurance but its too much risk for the sake of 6months.

On the fixed penalty notice it says i have 14days from the start date of my ban to hand in my licence to my nearest driving licence centre im not sure if this is will be checked up on if i dont but i may aswell go along with it.

i know people that have driven through 2 year bans have gone through checkpoints and never told their insurance but its an extremly risky game id rather take the punishment. We got away lighltly as it is i had 8 cans of bulmers a doubke vodka red bull and was sipping on a can of carlsberg while driving before i threw it on da ground when i seen da blue lights behind me

Well let's just hope the drug test gets you,this level of stupidity is better off away from any public road

Unspokenhero

Just for alcohol only but should they want to take it further they can test for drugs

edward2222

12gauge dave wrote: »

Hi i got my alcohol urine test by registered post today it read 118mg per 100ml of urine.
according to the citizen information site that would have me in the bracket of a 1 year driving disqualification.
Do i have that right?

What right do you want?
You can always have the right to call for an attorney
if you found the result harming you.

12gauge dave

edward2222 wrote: »

What right do you want?
You can always have the right to call for an attorney
if you found the result harming you.

Do i have that right? As in do i have that correct?
not as in right to live or right to vote etc.