Road Traffic Act 2010

13A

F20 [ Obligation to provide oral fluid specimen following arrest under Part 2

13A. (1) Where a person is arrested under section 4(8), 5(10), 9(4), 10(7) or F21 [ 11(6) ] of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act and a member of the Garda S í och á na is of the opinion that the person had, at the time of the alleged offence, consumed drugs the member may, at a Garda S í och á na station or hospital, require the person to provide 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.

(2) A person who refuses or fails to comply immediately with a requirement of a member of the Garda S í och á na under this section 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.

(3) In a prosecution for an offence under this Part 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.

(4) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. ]