Only 95 drivers given breathalyser tests in a year

The Malta Independent On Line
Tuesday 14th January 2010

by Francesca Vella

http://www.independent.com.mt/news.asp?newsitemid=100113
Breathalyser tests were given in 2009, a record year for road fatalities, to just 95 drivers, of whom 61 tested positive, the other 34 refusing to take the test or not finishing it off, according to statistics given by Justice Minister Carmelo Mifsud Bonnici on Tuesday evening in Parliament.

The minister was replying to a question by Nationalist MP Censu Galea, who also asked about the action taken against those found guilty of breaching drink-driving regulations.

Dr Mifsud Bonnici said criminal proceedings were taken against every person who tested positive or did not finish off the test.

Agenzija Sedqa, the national agency against drug and alcohol abuse has long been calling for the legislation to be tightened.

Sedqa pointed out that a monthly average of about 10 drink-driving related arraignments is considered far from representative of the real situation, considering the rampant abuse of alcohol, especially among youngsters.

The number of road fatalities last year reached a record 21; in one of the most notorious cases, Lifecycle Challenge cyclist Cliff Micallef lost his life when he was run over on Coast Road, Bahar ic-Caghaq. The case was taken to court and 21-year-old Anthony Taliana is being accused of manslaughter and driving under the influence of alcohol, among other charges.

Using the UK as a reference point, Maltese legislators had set the limit at 80 milligrams of alcohol per decilitre of blood (mgs/dec.).

However, the EU has been urging member states to establish the permissible limit at 50 mgs of alcohol per decilitre of blood, or lower.

Of the 27 EU member states, 16 have a limit of 50mgs/dec., while eight have a level ranging from 0mgs/dec to 20mgs/dec.

The limit in Malta is one of the highest levels of blood alcohol content permissible in the EU.

Evidence clearly shows that at levels of over 50mgs, a general sedative effect occurs leading to impaired coordination, reduced alertness, a diminished capacity for good judgment and lower levels of patience.

The law states that the police may breathalyse drivers only if they “reasonably suspect” that they could be under the influence of alcohol. It appears that many drivers are willing to take the risk, knowing that only obviously suspicious behaviour will result in their being asked to take a breathalyser test.

Drivers found guilty of driving with a level of alcohol over the legal limit are fined a minimum of e466 for a first offence, and only those with blood alcohol content higher than 100mg/dec would have their driving licence suspended.

Moreover, the restoration of driving licences is automatic, with no consideration of whether a driver’s knowledge of the implications of drink-driving, or their attitude to drink-driving has changed.