FAQ's

FREQUENTLY ASKED QUESTIONS

Q1: I was arrested under the Road Traffic Act on suspicion of drink/drug driving and a specimen (blood or urine) was taken from me; what happens to it?

A. A member of An Garda Síochána will forward your specimen to the MBRS for testing.
 

Q2: What is the white powder coating the inside of specimen bottles supplied by the Medical Bureau of Road Safety for specimen collection under the Road Traffic Act, 2010?

A.  There are two types of specimen bottles used:

Urine Bottles - Urine bottles are coated with Sodium Fluoride (NaF) which is an odourless white powder. Sodium Fluoride is water soluble and dissolves in urine samples and acts as a preservative.

Blood Bottles - Blood bottles are coated with a mixture of Sodium Fluoride (NaF) and Potassium Oxalate (KOx). Both compounds are odourless white powders. Sodium Fluoride is water soluble and dissolves in blood samples and acts as a preservative. Potassium Oxalate is water soluble and dissolves in the blood samples. It acts as an anticoagulant and so prevents blood samples from clotting.

Q3: I was offered a specimen to take myself when I was arrested which I did not take. What happens to this specimen and can I have access to it?

A. This specimen is sent to the MBRS and it is disposed of shortly thereafter.

Q4: I was offered a specimen to take myself when I was arrested, and I did take it. What should I do with it?

A. This specimen is available to you to have tested independently much like a B specimen in sports drug testing. You should store the sample safely and securely and ideally in refrigerated conditions. You should not break the red seal on the container otherwise any subsequent testing will be invalid because the chain of custody will have been broken.

Q5: Where can I get this independent testing done?

A. The MBRS does not recommend any particular laboratory; however, it is strongly advised that a laboratory accredited to ISO 17025(2017) is used. The Irish National Accreditation Board ((opens in a new window)www.inab.ie) or the United Kingdom Accreditation Service ((opens in a new window)www.ukas.com) has information on service providers and the analysis they offer.  

Q6: What is the chain of custody?

A: The chain of custody is a process which ensures that the integrity of a specimen is verifiable from specimen provision to analysis. The red seal on the container is part of the chain of custody. If the seal is disturbed the chain of custody is deemed to have been broken.

Q7: I have received a note from An Post informing me I missed delivery of a letter from the MBRS, what should I do?

A. All results are posted to drivers from the MBRS via Registered Post and require a signature upon delivery. If you have missed this delivery An Post will return this letter to the MBRS. We will then forward this result to the Garda Station where the specimen was provided in. To obtain this result, you must contact the Garda Station or the Member of An Garda Síochána who is charge of your case to retrieve your original certificate of analysis.

Q8. What happens when my specimen arrives in the MBRS?

A. Blood and urine specimens are registered and logged into the Laboratory Information Management System (LIMs) on the day of receipt in the MBRS. Information from the Section 15 form which accompanied the specimen and was filled in by the designated Doctor or Nurse at the time the specimen was provided or taken will be saved in the LIMs. The specimen will then be analysed in the laboratory.

Q9: How can I be assured that the results from the MBRS are reliable?

A. The Medical Bureau of Road Safety is the National Forensic Laboratory with responsibility for the chemical testing of intoxicants in drivers in Ireland. All analysis conducted is carried out to the highest forensic standards and is accredited to ISO 17025(2017). The Irish National Accreditation Board carry out independent audits in the laboratory. The full scope of accreditation can be found on (opens in a new window)https://www.inab.ie/FileUpload/Testing/Medical-Bureau-of-Road-Safety-30T.pdf

Q10: What testing will be done on my specimen?

A. Blood and Urine specimens may be tested for Alcohol and/or Drugs.

Q11: How does the MBRS do its testing?

A. Alcohol is tested in the laboratory using Headspace Gas Chromatography with Flame Ionisation Detection. Drugs are tested using Liquid Chromatography and Gas Chromatography with Tandem Mass Spectrometry.

Q12: How long does it take to test a specimen for alcohol?

A. Alcohol testing and reporting is usually completed within 2 weeks from the time of receipt of the specimen in the MBRS.
 

Q13: What happens when testing is finished?

A. A Certificate of Analysis is issued to you and to An Garda Síochána detailing the results of the analysis.

You will be issued with any or all of the following certificates depending on the results of the testing:
1. Certificate of Analysis for the concentration of Alcohol.
2. Certificate of Analysis for the concentration and/or the presence of a Drug or Drugs.

Q14: I received a certificate for the concentration for alcohol, should I expect to receive further certificates?

A. If the alcohol result is less than or equal to 100mg/100ml in blood or 135mg/100ml in urine, then the specimen will be tested for drugs and you may receive further certificates.

Q15: I received a certificate with a drug presence; what does this mean?

A. If you received a certificate stating that a drug or drugs were present in the specimen provided by you and there is evidence of impairment, then this is an offence under the Road Traffic Act.

Q16: I received a certificate with a drug concentration; what does this mean?

A. If the levels of a drug or its metabolite listed in the schedule of the 2016 Road Traffic Act is at or above the level stated in the Act this is an offence under the Road Traffic Act. 

 

  

Q17: I received a certificate stating no drugs confirmed; what does this mean?

A. When the MBRS conduct its testing and do not find any of the listed drugs above the legal limits or above the laboratory’s analytical limits, the term ‘No drugs confirmed’ is reported. In some cases, drugs and or metabolites may be present below the reporting limits.

Q18: How does the preliminary drug testing device used by An Garda Síochána work?

A. The device uses oral fluid (saliva) collected from the mouth and immunoassay (which is a type of scientific test) to detect the presence of drugs.

Q19: What can the preliminary drug testing device used by An Garda Síochána detect?

A. The preliminary drug testing device can detect Cannabis, Opiates, Cocaine, Benzodiazepines and Amphetamines (including Methamphetamine and MDMA).

Q20: How long does it take to test a specimen for drugs?

A. Drug analysis is usually complete within 3 months, but some cases may take up to 5 months.

Q21: Which drugs will my specimen be tested for?

A. The specimen will be tested for drugs which are known to impair driving. These include, but are not limited to, the following classes of drugs.

Examples of the drugs in each class are included in brackets after the drug:

Cannabis (containing Δ9-Tetrahydrocannabinol)
Cocaine (containing Cocaine)
Opiates (containing Morphine, Codeine etc.)
Methadone (containing Methadone)
Amphetamines (containing Amphetamine, Methamphetamine, MDMA, MDA etc.)
Benzodiazepines (containing Diazepam, Alprazolam etc.)

The list of drugs which the MBRS report can be found in the scope of accreditation on (opens in a new window)https://www.inab.ie/FileUpload/Testing/Medical-Bureau-of-Road-Safety-30T.pdf

Q22: Why are some over the counter and prescription medicines included in the drugs tested?

A. While most medicines are safe to take there is a risk of impairment with some medicines which are psychoactive. This is the case for opiates, methadone and benzodiazepines. Care should be taken when using these medicines. If you have any questions about whether it is safe to drive when taking your prescribed medicines, you should consult your Doctor and your Pharmacist.

Q23:  What is the basis for the levels in the legislation for drugs?

A. The Road Safety Strategy 2013-2020 stated that enforcement measures would include a particular emphasis on drink and drug driving and that every effort would be made to detect and prosecute drug driving. Action 77 of this strategy required legislation for a zero-tolerance approach for illicit drug driving and an impairment approach for other drugs. This legislation was enacted in 2017 as part of the 2016 Road Traffic Act. It is important to note that current specified levels for drugs and their metabolites in the legislation are zero tolerance levels. It does not follow that at the specified levels an individual is impaired.

Q24: Can you explain the MBRS drug report and the different drugs/metabolites that can be reported?

A. The MBRS introduced a report in 2020 which includes the specific drug or metabolite rather than just the class as was the case previously. The drug classes and the possible drug and or metabolites within each, which the MBRS currently report are outlined below with some additional information about each drug. The drugs below all have the potential to impair driving.

Cannabis Class (opens in new window)

Cocaine Class (opens in new window)

Opiate Class (opens in new window)

Amphetamine Class (opens in new window)
 

Benzodiazepine Class (opens in new window0

Other drugs (opens in new window)

Q25: What are Metabolites?

A. Metabolites are breakdown products that are produced by the body to aid elimination of a drug through excretion. Metabolites can be active or inactive pharmacologically. The term used to describe how long a drug takes to break down in the body is called the half-life. A half-life of 1 hr means that 50% the drug will be broken down in 1 hr, 75% at 2 hrs and so on.

Q26: I need a copy of my Certificate of Analysis for my insurance company, how do I get this?

A. The MBRS can organise a photocopy of a Certificate of Analysis on foot of a written request. This request must include the following:
*Name of driver
*Date of the offence
*Garda station where specimen was provided
*Proof of address (if the address has changed since the date of offence)

  

Legal Disclaimer

The contents of this FAQ’s page are of a condensed and general informative nature only. They should not, by themselves, be relied upon in determining legal rights or other decisions under the Road Traffic Acts. Readers and users are advised to verify with their legal advisors any information on which they may wish to rely.