Doctors are refusing to test patients involved in road accidents for drugs or alcohol, despite tough new laws that compel Police to order such samples.

And as a result Police could do "absolutely nothing'' to prove someone was driving under the influence of illicit drugs even if he was involved in a fatal accident, Ch. Insp. Roger Kendall revealed yesterday.

He said while hospital staff ignored the laws, more lives would be lost over the festive season in drug and alcohol related accidents.

An official of the Attorney General's Chamber confirmed the new powers -- initially recommended by the Bermuda Medical Society Road Safety Sub-committee -- became operative on January 16 this year.

Subcommittee chairman Dr. George Shaw -- one of the doctors who lobbied for the new laws -- said yesterday it was vital the "thorny'' issue was resolved.

"Emergency ward doctors are in a difficult position because their priority is to save lives not to act as an arm of the law, so taking evidence to be used against a patient seems at odds with that goal.'' Doctors refuse to test for new law One solution would be for a health or Police civil servant to be hired to take the decision away from doctors, he said.

"How many more lives have to be lost before they take this bull by the horns?'' "It doesn't take a rocket scientist to draw blood so how long does this have to go on?'' Dr. Shaw said the majority of the 15 road fatalities this year had involved impaired drivers.

"So much work has gone into giving these new powers to Police but right now the law is not making any difference.'' A King Edward VII Memorial Hospital spokesman said doctors could not be forced to obey the Police orders.

But Ch. Insp. Kendall said the hiccup meant the main prong of the new legislation, which gave Police the power to order tests without the patient's consent, was impotent.

He said the 1997 Road Traffic Amendment Act had empowered Police to test someone involved in a road accident up to 12 hours after the incident -- rather than the two hours allowed previously.

Police were already taking advantage of the larger window of time to carry out breath tests, but other aspects of the "complex'' legislation were not being observed.

He said it would be difficult for Police to flex their legal muscle to force doctors to obey the new laws, although legally they could demand it.

And the doctors' refusal meant Police had no way of testing whether someone was impaired by alcohol if they were unable to give a breath test -- for instance if the patient was unconscious or had a head injury.

A blood or urine sample was also needed to confirm a driver was impaired by drugs but again Police completely depended on medical staff for that. And doctors refused to do those tests without the patient's go-ahead.

So at the moment a drug-affected patient who had been involved in a fatal accident could simply refuse to allow the Police to have the samples.

He said Assistant Police Commissioner Alan Bissell and the Government's Chief Medical Officer John Cann were soon to thrash out the issue.

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