Minimum three years’ jail for drunk, drugged drivers guilty of manslaughter

Motorists found guilty of manslaughter while under the influence of drugs or alcohol will face a minimum sentence of three years’ effective imprisonment, according to draft legislation.

The government had previously announced mandatory prison sentences for involuntary homicide if a driver kills someone either while over the alcohol limit or with any drugs in their system.

The recently published draft legislation, and soon to be debated in parliament, establishes a minimum sentence.

“Where an offence against sub-article 1 or 2 (involuntary homicide) is committed by reason of the offender having driven a motor vehicle while under the influence of alcohol or drugs, a minimum punishment of three years’ imprisonment shall apply in every case,” the draft legislation reads.

Currently, the law imposes a maximum sentence of four years’ imprisonment if a person is killed out of negligence, and a 10-year sentence if more than one is killed or injured.

The draft law further explicitly states that the judiciary cannot provide a lesser punishment than the minimum sentence. It also adds that the Probation Act cannot apply in cases of drink or drug driving.

Last week, the government announced it plans to start random roadside testing for drink and drug driving. It also announced its intention to introduce mandatory prison sentences for behind-the-wheel manslaughter if the driver was over the alcohol limit or had drugs in their system.

When the law is in force, the police will be equipped with handheld drug tests, which check for the seven types of illegal drugs and their derivatives.

To conduct the test, the police officer needs to scrape the driver’s tongue with a swab, which is then inserted into a plastic holder before being inserted into the testing device.

If there is a positive result, the next step is to take another sample to confirm the results – this time via a saliva swab that is tested in a lab.

However, the draft legislation published last week also accounts for cases when a driver is unconscious following an accident.

In such circumstances, where a driver cannot consent to an oral exam, the police, following a magistrate’s order, will have the power to conduct a blood test.

The blood test, conducted by a medical professional, will only happen following a magistrate’s order, the law states.

“The idea is that if a driver is unconscious or unable to give the oral exam, or cannot give consent for the exam, there is still something to test if drugs or alcohol are in the system,” according to a source working on the legislation.

Another provision requires prosecutors to request that an accused’s driver’s licence be suspended if they are facing charges of vehicular manslaughter.

“The decree of the Court of Magistrates shall be immediately enforceable but shall be subject to an appeal by an application filed within five (5) days before the Criminal Court,” the proposed law states.

The court’s decision may be revised and/or made subject to conditions the court deems fit.

The legislation is being pushed after a series of road incidents sparked by drink or drug driving this summer, some of which have been fatal.

The Authority for the Responsible Use of Cannabis is in favour of the government’s drive to introduce roadside alcohol and drug testing. But it has recommended that roadside drug testing focus on whether a driver is under the effects of cannabis, rather than whether there is any trace of it in the body, because “it is impairment that poses a real risk to road safety”.