DRINKING-DRIVING LEGISLATION IN NORTHERN IRELAND A REVIEW. W. H. D. Morgan, Ph.D. SYNOPSIS

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1 DRINKING-DRIVING LEGISLATION IN NORTHERN IRELAND A REVIEW W. H. D. Morgan, Ph.D. * SYNOPSIS Chemical analyses of blood and urine samples for alcohol content have been used in drink-driving cases in Northern Ireland since Breath testing was introduced by the Road Traffic Act (Northern Ireland) The novel feature of this legislation was that it established a 2-tier offence: (a) the lighter offense of driving with a blood alcohol level in excess of 80mg/100 ml; and (b) the more serious offence of deemed impairment with a blood alcohol level in excess of 125mg/100ml. This breath-testing legislation has been implemented very successfully. A brief account will be given of the development and modifications of the instrument and mobile vans which have been used for roadside testing during the period under review. INTRODUCTION Geographically Northern Ireland has an area of 5,492 square miles and a population of 1,560,000 of which over 385,000 live in Belfast and the surrounding area. The Northern Ireland Forensic Science Laboratory has been closely associated with drinking-driving offences since 1958 when chemical analysis of blood and urine samples for alcohol content was first introduced. The number of cases dealt with has increased during this period commencing with 2 in 1958 and reaching 2499 in 1982 (Figure 1). Of the legislative measures which have been used (Figure 2) the most significant is the Road Traffic Act (Northern Ireland) Prior to the 1968 legislation when a prosecution for driving under the influence of alcohol was brought to court, the court had to be satisfied on 3 aspects of the case, namely, the police evidence, the medical evidence, and the analysis of the blood or urine. If there was any doubt about any of these the court would dismiss the case. At that time the courts were guided by the recommendations of the British Medical Association. These * Northern Ireland Forensic Science Laboratory, 180 Newtownbreda Road, Belfast BT8 4QR, NORTHERN IRELAND. 985

2 were given in the booklets, Recognition of Intoxication and The Relation of Alcohol to Road Accidents. The frequently reported section in the later report was: "The committee cannot conceive of any circumstances in which it could be considered safe for a person to drive a motor vehicle on the public roads with an amount of alcohol in the blood greater than 150mg/100ml." The general overall results of this was that very few motorists were found guilty of driving under the influence of alcohol unless their blood alcohol levels were in excess of 150mg/100ml. The Northern Ireland legislation was changed by the introduction of the Road Traffic Act (Northern Ireland) This differed from the legislation in the other parts of the United Kingdom where there is only one offence, namely of driving with a blood alcohol content in excess of 80mg/100ml. The central feature of the Northern Ireland legislation was that it introduced a 2-tiered offence as follows: a. A "minor offence" in which a motorist may not drive, or attempt to drive, or be in charge of a motor vehicle when the blood alcohol level is in excess of the prescribed limit of 80 milligrams of alcohol in 100 milliliters of blood. In this case the motorist's ability to control the vehicle does not arise. b. A "major offence" in which the subject is deemed to be incapable of having control of a motor vehicle if the blood alcohol concentration is in excess of 125 milligrams of alcohol in 100 milliliters of blood. In addition the subject must be examined by a forensic medical officer who gives his opinion whether or not the motorist is or is not capable of having proper control of the motor vehicle. The combined evidence of the blood alcohol concentration, the medical examination, and that of the arresting police officer compose the prosecution evidence in subsequent Court proceedings. This legislation has been proved to be very effective over the last 15 years and the subsequent legislative measures in 1970 and 1981 were merely consolidating acts. The novel feature of the recent legislation is the inclusion of a clause which permits a person providing a breath sample to consent to the blood alcohol level as indicated by the breath test being treated as if it had been the proportion ascertained from a laboratory test on a specimen of blood provided by the accused. This has had the effect of making 986

3 the implementation of the law very much more efficient because it has eliminated time consuming proceedings in the Courts. COLLECTION OF SAMPLES Whan the analyses of blood and urine samples were first introduced the medico-legal requirements were not fully appreciated by those responsible for taking the samples. To assist in this matter the Forensic Science Laboratory issued instructions and also equipment and receptacles for taking the samples. This was essentially the standard equipment which is still issued today, with few alterations. In the early days before the participation of the Laboratory, urine samples were submitted in an old methylated spirit bottles and blood samples were taken in a syringe sterilized with alcohol. METHODS OF ANALYSIS The methods which have been used for the analysis of body fluids are the following: 1. Micro Cavett method; 2. Macro Cavett method; 3. Kozelka-Hine method; 4. Alcohol dehydrogenase method; and 5. Gas Liquid Chromatographic method. These are the well-known classical procedures. The main ones used until the mid 1960's were the macro-cavett and Kozelka-Hine; since then, the gas liquid chromatographic method. The current instrument in use being the Perkin Elmer F42. BREATH TESTING PROCEDURES When the 1968 legislation was being introduced it was considered most desirable that every effort should be made in the case of the minor offence to avoid samples of blood or urine being taken unless there was a high degree of probability that the blood alcohol level would be above the prescribed limit of 80mg/100ml. Therefore it was essential to develop a screening procedure of persons suspected of this minor offence which would be sufficiently accurate to avoid false positives and at the same time provide a quantitative estimation of the equivalent blood alcohol level derived from a sample of breath. After reviewing the equipment available at that time we selected the Ethanographe manufactured in Geneva as the most suitable instrument. The design of this instrument was based on the original Breathalyser. 987

4 In 1977 the Ethanographe was replaced by the much more modern Alcolmeter AE-DIS. This was more reliable, easier to service, and easier to use. We are currently introducing the Auto Alcolmeter and have 32 Alcolmeters in use in Northern Ireland. Some of these Alcolmeters are used in mobile vans called Accident Prevention Units. These units are not used exclusively for breath testing; they are part of a much wider program of measures designed to reduce accidents on the road. They are manned by police personnel qualified to examine vehicles for mechanical defects and road worthiness as required by the Road Traffic Order (Northern Ireland) Additionally, these "authorized officers" are given an intensive 5-day course in the practical operation of the Alcolmeter, which includes basic information on the drinking-driver and the effects of alcohol on the human body. Maintenance and calibration of the instruments are done by the Forensic Science Laboratory. At the end of 1982 there was a slight modification of the procedures used, resulting from a court decision that breath tests had to be carried out within 100 meters of where the motorist was stopped. Ordinary police patrol cars were modified so that the breath test could be carried out in the back seat of the vehicles. RESULTS Breath tests have been used continuously in Northern Ireland for the last 15 years, apart from a brief spell in Breath testing has been proved to be very effective and has been accepted by the general public. This, in my view, is due to the methods used by the Royal Ulster Constabulary to enforce the legislation. In 1982 the Accident Prevention Units stopped 151,802 motorists and of these 3112 (2.05%) were considered to have consumed alcohol and were requested to provide a breath sample. Of these, 3089 persons agreed to provide a sample and 1174 (38.0%) were found to have a blood alcohol level in excess of 80mg/100ml as indicated by the Alcolmeter. Of these, 1096 (93.3%) agreed to accept the reading and thereby, obviated the need to take blood samples. Of the 78 not accepting the breath test only 8 were found by analysis of the blood or urine to be below the prescribed limit and even then they were only marginally below the level. Nineteen refused to give blood or urine samples. (See Table 1). 988

5 Table 1 Breath Testing Statistics in Northern Ireland For 1982 REMARKS Vehicles Stopped 151,802 Persons Breath Tested 3, % of drivers stopped had consumed alcohol Persons Above 80mg% 1, % or drinking drivers were above limit Persons Accepting Breath Test 1, % of those above limit Persons Not Accepting Breath Test % of those above limit Persons not Accepting Breath Test Whose Blood Alcohol Level Was Below 80mg% 8 0.7% of those above limit 989

6 Similar patterns were found for the other years between 1968 and In all years a high proportion of people accepted the breath test when it was over 80mg/100ml. Of the small number of persons who did not accept the test, the blood tests showed that the large majority of these were above the limit and even those below it were marginally so. (See Tables 2 and 3.) In this review I have given a sketch of the development of the drink-driving legislation in Northern Ireland since laboratory tests were introduced in 1958 and of the success of the breath testing procedures in the detection of impairment of driving ability by the consumption of alcohol. 990

7 Table 2 Breath Testing Statistics in Northern Ireland VEHICLES PERSONS PERSONS PERSONS PERSONS NOT STOPPED BREATH ABOVE ACCEPTING ACCEPTING TESTED 80mg% BREATH TESTING BREATH TESTING , ,565 1, B R E A T H T E S T I N G D I S C O N T I N U E D 11, , , ,396 1, ,321 1, ,799 2,275 1,089 1, ,838 2,658 1,128 1, ,954 3,191 1,462 1, ,067 2,492 1,101 1, ,802 3,089 1,174 1,

8 Table 3 Breath Testing Statistics in Northern Ireland YEAR 1968 PERSONS PERSONS PERSONS NOT ACCEPTING BREATH TEST ACCEPTING NOT ACCEPTING LEVELS BELOW 80mg/100ml NUMBER ACTUAL LEVELS , , , , , B 7 4, 79, 56, 70, 79, 78, 64 B 6 6, 68, 75 B 6 0, 77 B79, 78 B 7 0, U106 B 6 9, 78, 68, U104, 84 B 7 4, 79, 69, 80, 37, U90, 106 B80 B 7 8, 76, 80, 78, 56, 78, 59, U35 992

9 N o o f C a s e s NUM BER O F D R IN K -D R IV IN G C A S E S REFERRED TO LAB O RATO R Y 3 FO R A N A L Y S IS Y e a r F i g u r e 1. C a s e s d e a l t w i t h i n t h e p e r i o d t o , i n c l u s i v e. DRINK-DRIVING LEGISLATION IN NORTHERN IRELAND 1955 ROAD TRAFFIC ACT ( n o r t h e r n Ir e l a n d ) 1964 ROAD TRAFFIC ACT ( n o r t h e r n Ir e l a n d ) C e rtific a te s a ccepted by co urts as evidence o f blood and urine alcohol levels ROAD TRAFFIC ACT (NORTHERN IRELAND) Introduced M ajor/m inor O ffences Breath Testing S tatuto ry Limit 1970 ROAD TRAFFIC ACT ( northern Ireland ) C o n solid a tio n A ct 1981 ROAD TRAFFIC ( northern Ir eland) ORDER C o nsolidation Order NEW LEGISLATION PENDING Figure 2. Legislation during same period. 993

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