A total of 2,129 breathalyser tests were carried out over the past five years, according to figures provided by the police.

That translates to an average of about eight per week, with under half resulting in charges being issued against drivers who either tested positive for being above the alcohol limit or refused to take the test. 

The Malta Insurance Association said this number was “on the low side” given that the police have at least 15 breathalyser kits given to them by the association.

According to figures obtained by the police, between 2018 and 2022 a total of 2,129 breathalyser tests were carried out.

According to local laws, officers must have a "reasonable suspicion" that the driver is under the influence of alcohol in order to carry out a breathalyser test. A man of average build can drink no more than a large glass of wine to remain within the limit. Women would be allowed a small glass of wine.

Despite that restriction, figures provided suggest that the majority of those breathalysed nevertheless proved to be negative. 

Of the 2,129 tests carried out, 743 tested positive for driving under the influence while 208 refused to be tested.

“When a person refuses to undergo a breathalyser test or else the test results positive, the person in question is charged to court,” a police spokesperson said.

A breakdown by year shows that in 2018 there were 436 tests (139 positive and 46 others refused); in 2019, 463 tests (203 positive and 52 refused); in 2020, 392 tests (149 positive and 33 refused); in 2021 498 tests (153 positive and 52 refused); and in 2022, 340 tests (99 positive and 25 refused).

The police spokesman added that “we are also informed that during the last quarter of 2022, LESA also started to do breathalyser tests.”

Insurance lobby: figure is 'on the low side'

Adrian Galea, director general of the Malta Insurance Association, believes that the number of tests carried out by police over the past five years is “on the low side”.

“Taking a simple average of 2,129 tests over five years – or one a day – is certainly not great, considering that the police have at their disposal (at least) 15 breathalyser kits which the MIA donated to them,” he said.

“Considering that commercial and normal activity resumed mostly towards the latter part of 2021 [following the pandemic], together with the fact that so many activities take place throughout the year for the general public to indulge in a drink or two, I find this number to be on the low side,” he added.

Galea also noted that insurances hear of episodes where parties involved in an accident are not breathalysed.   

“As the law stands, the victim is always compensated irrespective of whether the tortfeasor (the person who caused the accident) was intoxicated or not,” Galea said.

“Our members who deal with accident claims on a regular basis are still concerned by persistent rumours that are being spread by people who are meant to be knowledgeable and meant to enforce the law when stating that the insurance sector will make anyone’s life difficult if they are breathalysed,” he said.

What about drug driving?

Galea reiterated that breathalyser tests deal with only one part of the problem – which is alcohol.  

“Now that the personal use of cannabis in small quantities has been decriminalised, it is more important than ever that the police are given the necessary resources to be able to test for the presence of illicit drugs or substances,” he said.

“Locally, we lack the equipment for roadside drug testing that is equivalent to the breathalyser test for alcohol use.”

Galea noted that this lack of enforcement and checks on the road meant drug users felt at ease when they got behind the wheel.

The agency Sedqa, which advises national policy on drug and alcohol abuse, said that more needs to be done regarding drug driving awareness especially when there is a mix of substances used.

Asked about roadside drug testing the police spokesperson said: “The Malta Police Force has had various meetings and forwarded its proposals to the regulating authority, as amendments to the law need to be enacted.”

The issue of drug driving has come into sharp focus after a car driven by a cocaine-fuelled driver rammed into a pedestrian on January 18 in Gżira, killing her on the spot.

Jeremie Camilleri has since been charged with the murder of Pelin Kaya.