Driving under the influence should be illegal

The Green Party is pleased that people driving under the influence of alcohol and drugs will face prosecution under proposed new laws, but opposes the apparent exemption for those impaired by their prescribed drugs.

“We wholeheartedly support legislation that removes unsafe drivers from the road. However, we are disappointed at the exemption for impairment by legally prescribed drugs," Green Party Drug Law Reform Spokesperson Metiria Turei says.

“We strongly object to an arbitrary line being drawn between illegal and legal impairment. Research shows some legal prescription drugs are just as problematic as illegal drugs when it comes to dangerous driving.

“They pose an identifiable risk to road users, and many prescription drugs specifically warn against driving under the influence of them. People who are unsafe to drive should not be on the roads.

“Nor have I been able to decipher the Government’s reasoning for not using saliva tests – namely that “the legislation does not allow for the introduction of a device for testing at the roadside.” Their rationale goes on to say, “These measures are not sufficiently focused on road safety to justify such an increase in police powers in terms of the Bill of Rights Act, and in particular the rights of individuals concerning unreasonable search and seizure.”

“This seems bizarre given that both a roadside impairment test and a blood test are required. Surely conducting a saliva test would be much less invasive than a blood test and have less impact on the unreasonable search and seizure issue?

“This is a missed opportunity. New Zealand roads will not be significantly safer with this narrowly circumscribed legislation and while the disparity exists between what the proposed legislation appears to say and what the Minister appears to intend,” Mrs Turei says.

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