Must blood samples be taken from all persons who present at a hospital as a result of a motor vehicle crash?
Yes. Section 47I of the Road Traffic Act 1961 requires that blood samples must be taken from all persons (including passengers) who are 14 years or older and, as a result of a motor vehicle accident, have suffered an injury and attend at or are admitted into hospital for the purpose of receiving treatment for that injury. While this requirement is not new and all of these blood samples are currently tested for alcohol, until recently only those drivers and riders who were seriously injured and therefore admitted to hospital had their blood sample tested for one or more of the three prescribed drugs. From 1 July 2008, all drivers and riders who present at a hospital (irrespective of whether they attend or are admitted) as a result of a motor vehicle crash and are required to have a blood sample taken will be tested for alcohol and the three prescribed drugs. Penalties will apply to drivers and riders who test positive for one or more of the three prescribed drugs or have a blood alcohol
