§ Mr. ChaytorTo ask the Secretary of State for the Home Department what his policy is on breath testing and blood sampling of individuals involved in serious road traffic accidents. [124694]
§ Mr. Charles ClarkeUnder the Road Traffic Act 1988, the police have the power to breath test any motorist who has been involved in a car crash. We support the Association of Chief Police Officers' policy that breath tests should be carried out at all crashes which the police attend. Those motorists who fail that screening test are then normally required to take an evidential breath test at the police station. Failure of that test provides the evidence for prosecution. In certain situations detailed in the Act, a blood sample may be taken by the police in place of an evidential breath sample and it is required where the motorist is suspected of driving when unfit through drugs.