\n<\/p>\n
The changes to the law include a new offence of driving with the presence of controlled drugs, intoxicating substances or psychoactive substances detected in a driver\u2019s blood specimen.<\/p>\n
“While it is an offence to drive simply with a certain concentration of alcohol in one\u2019s blood, there is no corresponding offence for specified substances,” said Ms Sim.<\/p>\n
“This is because there is no single scientifically established concentration threshold that can reliably indicate impairment across the wide range of such substances.”<\/p>\n
The prosecution must prove not only that the driver had consumed drugs, but also that the drugs had rendered him incapable of having proper control of the vehicle, giving rise to \u201csignificant evidential challenges\u201d.<\/p>\n
Under the changes to the law, there will not be a need to prove impaired driving.<\/p>\n
Driving with the presence of specified substances in the blood is dangerous and should be deterred, since these specified substances \u2013 for example, etomidate \u2013 are already regulated under existing laws and are known to impair driving ability by affecting reaction time, attention and coordination, said Ms Sim.<\/p>\n
Several MPs raised concerns about the criminal liability of drivers who take lawfully prescribed medication that may impair driving.<\/p>\n
MP Vikram Nair (PAP-Sembawang) asked if it would be a crime if a person inhales the substances unintentionally through their course of work at a petrol station or factory site.<\/p>\n
MP Wan Rizal (PAP-Jalan Besar) asked whether there will be more emphasis on which prescribed medicines could affect a driver\u2019s fitness. He suggested a hotline which drivers can call before taking the wheel to enquire about such medication.<\/p>\n
Ms Sim assured the new offence does not apply to \u201cmost common medicines or over-the-counter medicines\u201d.<\/p>\n
The new presence-based offence is a targeted one. It applies only to controlled drugs, psychoactive substances, or intoxicating substances already covered under existing legislation, she added.<\/p>\n
A statutory defence is available for those who can prove two conditions on the balance of probabilities.<\/p>\n
First, that the controlled drug, psychoactive substance or intoxicating substance was lawfully smoked, inhaled, used, consumed or administered, said Ms Sim.<\/p>\n
Second, the person did not know or have reason to believe that this would affect his or her capacity, at the time of the alleged offence, to have proper control of a motor vehicle.<\/p>\n
It continues to be an offence if a person is incapable of having proper control of the vehicle because he or she is impaired by any medicine or other substance.<\/p>\n
\u201cIf in doubt, members of the public should consult with their healthcare professionals and err on the side of not driving,\u201d said Ms Sim.<\/p>\n<\/div>\n
\n
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