Road Traffic Act 2010

10.

Mandatory alcohol testing.

F17 [ 10. (1) In this section

authorisation means an authorisation under subsection (2) to establish a checkpoint;

checkpoint means a checkpoint established under an authorisation.

(2) A member of the Garda S í och á na, not below the rank of inspector, may, for the purposes of section 4 authorise the establishment of a checkpoint or checkpoints in a public place or places at which members of the Garda S í och á na may exercise the powers under subsection (4) .

(3) An authorisation shall be in writing and shall specify

( a ) the date on which, and the public place in which, the checkpoint is to be established, and

( b ) the hours at any time between which it may be operated.

(4) A member of the Garda S í och á na, who is on duty at a checkpoint, may stop any vehicle at the checkpoint and, without prejudice to any other powers (including the functions under section 9 ) conferred on him or her by statute or at common law, may require a person in charge of the vehicle to do one or more of the following:

( a ) to provide a specimen of his or her breath (by exhaling into an apparatus for indicating the presence of alcohol in the breath) in the manner indicated by the member;

( b ) to provide a specimen of his or her oral fluid (by collecting a specimen of oral fluid from his or her mouth using an apparatus for indicating the presence of drugs in oral fluid) in the manner indicated by the member;

( c ) to accompany him or her or another member of the Garda S í och á na to a place (including a vehicle) at or in the vicinity of the checkpoint and there to provide a specimen of his or her breath, as specified in paragraph (a) , a specimen of his or her oral fluid, as specified in paragraph (b) , or both, in the manner indicated by him or her or that other member;

( d ) to

(i) leave the vehicle at the place where it has been stopped, or

(ii) move it to a place in the vicinity of the checkpoint,

and to keep or leave it there until the person has complied with a requirement made of him or her under any of paragraphs (a), (b) and (c) .

(5) A member of the Garda S í och á na for the purposes of making a requirement of a person under subsection (4) may indicate the manner in which the person must comply with the requirement.

(6) A person who

( a ) refuses or fails to comply immediately with a requirement under subsection (4) (other than subsection (4)(d)(ii) ) or such a requirement in a manner indicated by a member of the Garda S í och á na under subsection (5) , or

( b ) without reasonable excuse, refuses or fails to comply immediately with a requirement under subsection (4)(d)(ii) or such a requirement in a manner indicated by a member of the Garda S í och á na under subsection (5) ,

commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(7) A member of the Garda S í och á na may arrest without warrant a person who in the member s opinion is committing or has committed an offence under this section.

(8) Where a member of the Garda S í och á na requires a person to provide a specimen of oral fluid under this section, the member may request the person of whom the requirement is made to produce for inspection any medical exemption certificate referred to in section 4(1B) or 5(1B) which he or she holds.

(9) In a prosecution for an offence under section 4 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda S í och á na for the purpose of enabling a person to provide a specimen of breath under this section is an apparatus for indicating the presence of alcohol in the breath.

(10) In a prosecution for an offence under section 4 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda S í och á na for the purpose of enabling a person to provide an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.

(11) An authorisation or a copy expressing itself to be such authorisation shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2016 of the facts stated in it, without proof of any signature on it or that the signatory was a person entitled under subsection (2) to sign it. ]

Annotations:

Amendments:

F17

Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 11, S.I. No. 129 of 2017.

Editorial Notes:

E20

Previous affecting provision: subs. (4) amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(c), S.I. No. 542 of 2011; substituted as per F-note above.