Roadside drug testing starts on Monday for the Wellington region, where drivers could be given a series of three tests (file photo). Photo: RNZ / Alexander Robertson
Even if they have a prescription or medical note, drivers refusing roadside drug testing may face significant fines, police warn, days before the new testing starts.
For the first time in New Zealand, drivers in the Wellington police district can be asked to take a drug test from Monday, with plans for the tests to be rolled out to the rest of the country next year.
All drivers chosen for testing will be asked to swipe their tongue on an oral-fluid screening device to test for four drugs - THC (present in cannabis), methamphetamine, MDMA (ecstasy and molly) and cocaine.
Drivers could not use a prescription or medical note to escape testing, Superintendent Steve Greally said, and any driver who refused the roadside drug test could be issued an infringement notice, which included a $400 fine, 75 licence demerit points and a 12-hour stand-down from driving.
The initial test was expected to take about 10 minutes, but if the first result was positive, further roadside testing would be carried out.
Officers would also still use a behavioural test called the Compulsory Impairment Test (CIT) to assess whether they suspect a driver was impaired by drugs.
Once a saliva test was carried out, prescriptions or medical notes may not be used to dispute a positive test result, Greally said. Instead anyone with a prescription must go through the testing process and would be forbidden for driving for 12 hours, and could only dispute the finding, after the results of the third test were returned from the laboratory.
Information about the process to seek a medical defence after a positive result was not yet available, but would be on the police website from Monday, he said.
What happens if you are chosen for testing?
First test
Drivers being tested "must wipe the drug screening device's pads on their tongue... the testing process will take about 10 minutes... if no drugs are detected, the driver is free to go".
Second and third test together
If drugs are detected in the first test, two more tests are then carried out.
A second test exactly the same as the first test is carried out. If this is also positive for the presence of drugs, the driver is forbidden from driving for 12 hours.
If it is negative, the driver can go, after the third test sample is taken.
The third test - the driver must "provide a saliva sample by holding an absorbent collection pad under their tongue", police said. "The saliva sample is sent for laboratory analysis."
Lab testing: The third test sample is sent to the laboratory to check for 25 drugs.
"An infringement notice is issued, if the sample tests positive for one or more of these drugs."
Police could not immediately say how long the final laboratory-submitted test would take.
Medical defence: "If an infringement is issued after laboratory testing, drivers will have the ability to apply for medical defence, if it is for a drug that has been prescribed to them," police said.
Concerns raised over roadside drug tests
The four substances police would screen for were impairing drugs, said Greally, who is the director of road policing, and the new tests would deter people from drug-driving and enable officers to catch people who did.
Critics of the new drug-testing system have expressed wide-ranging fears about the testing, including that it was not consistent with the Bill of Rights Act, that it could return positive results in the presence of prescription medicines, and that it casts a net that is too wide - with concerns it would generate positive test results long after drugs would impair driving ability.
(file photo) Photo: RNZ / Alexander Robertson
Others have said the time needed to carry out drug tests and wait for a result would create difficulty for drivers, and that drivers required to undergo further testing could be forbidden from driving for 12 hours time, despite the earlier tests being only an initial stage. Research from overseas has shown worries about roadside drug testing could lead people to stop taking prescribed medicines.
Greally said drivers using prescription medicines were advised to continue taking them as directed by their health practitioner and to consider any impairing effects the medicine could cause, but drivers should talk it over with their "practitioner for medical advice" and ultimate responsibility lay with the driver.
"If they are experiencing any impairing effects, they should not drive," he said.
"Similar to testing for alcohol levels, there are thresholds for each drug that are set to indicate the recent use of one or more drugs, rather than historical use, passive exposure or accidental ingestion, which would be unlikely to cause impairment."
About 30 percent of all road fatalities involved an impairing drug, Minister of Transport Chris Bishop has said.
"Police has worked vigourously alongside agencies to identify and clarify any ongoing matters this significant change will bring for road users, Greally said.
"The introduction of roadside drug-driving testing is a positive step in our collective effort to reduce harm by drivers who get behind the wheel impaired by drugs.
"Our focus remains the same - to keep everyone safe on our roads. If you intend to get behind the wheel after consuming impairing drugs, you will be caught."
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