Under the new legislation, drink drivers are no longer entitled to request a blood or urine sample when their breath specimen is less than 51mg/100ml. The police, however, retain the right to test blood or urine should they wish to do so.
The new law is designed to close the loophole which previously allowed a person who tested positive in breath to sober up while they wait for a blood or urine sample to be taken.
In addition, a wider range of registered healthcare professionals are now able to advise whether a person is impaired by drugs during the investigation of a person’s driving ability, and able to take evidential blood samples.
The new legislation was set out in the Government’s response to the North Report on drink and drug driving, which was published in 2010, and applies across all forms of transport including road, rail, maritime and aviation.