Road Traffic Act 2010

16.

Detention of intoxicated drivers where a danger to selves or others.

16.— (1) Where a person is at a Garda Síochána station having been arrested under section 4(8), 5(10), 6(4), 9(4), 10(7) or 11(5) of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act, he or she may, at the Garda Síochána station, if the member of the Garda Síochána for the time being in charge of the station is of opinion that the person is under the influence of an intoxicant to such an extent as to be a threat to the safety of himself or herself or others, be detained in custody for such period (not exceeding 6 hours from the time of his or her arrest or, as the case may be, from the time he or she was required to accompany a member to the station) as the member of the Garda Síochána so in charge considers necessary.

(2) Where a person is detained under subsection (1) , the member of the Garda Síochána for the time being in charge of the Garda Síochána station shall—

( a) in case the person detained is or the said member is of opinion that he or she is 18 years of age or more, as soon as is practicable, if it is reasonably possible to do so, inform a relative of the person or such other person as the person so detained may specify of the detention, unless the person so detained does not wish any person to be so informed, and

( b) in case the person detained is or the said member is of opinion that he or she is under the age of 18 years, as soon as is practicable, if it is reasonably possible to do so, inform a relative of the person or such other person as the person so detained may specify of the detention.

(3) A person detained under subsection (1) shall—

( a) in case he or she is or the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that he or she is 18 years of age or more, upon the attendance at the station of a person being either a relative of, or a person specified under subsection (2) by, the person so detained, be released by the said member into the custody of that person, unless—

(i) the latter person is or the member is of opinion that he or she is under the age of 18 years,

(ii) the person so detained does not wish to be released into the custody of the latter person, or

(iii) the member is of opinion that the person so detained continues to be under the influence of an intoxicant to such an extent that, if he or she is then released into the custody of the latter person, he or she will continue to be a threat to the safety of himself or herself or others,

and shall, if not so released, be released at the expiration of the period of detention authorised by subsection (1) , and

( b) in case he or she is or the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that he or she is under the age of 18 years, upon the attendance at the station of a person being either a relative of, or a person specified under subsection (2) by, the person so detained, be released by the said member into the custody of that person, unless the latter person is or the said member is of opinion that he or she is under the age of 18 years, and shall, if not so released, be released at the expiration of the period of detention authorised by subsection (1) .