Road Traffic Act 2010

18.

Provisions regarding certain evidence in prosecutions under section 4 or 5.

18.— F36 [ (1) On the hearing of a charge for an offence under section 4 or 5 it shall not be necessary to show that the defendant had not consumed an intoxicant after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 12, 13B or 14 . ]

(2) Where, on the hearing of a charge for an offence under section 4 or 5 evidence is given by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 12 or 14 , he or she had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant—

( a) that, but for that consumption, the concentration of alcohol in the defendant’s blood (as specified in a certificate under section 17 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (2) of section 4 or 5 , as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member,

( b) that, but for that consumption, the concentration of alcohol in the defendant’s urine (as specified in a certificate under section 17 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (3) of section 4 or 5 , as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member, or

( c) that, but for that consumption, the concentration of alcohol in the defendant’s breath (as specified in a statement under section 13 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (4) of section 4 or 5 , as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member.

F37 [ (2A) Where, on the hearing of a charge for an offence under section 4(1A) or 5(1A) evidence is given by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 12, 13B or 14 , he or she had consumed a drug specified in column (2) of the Schedule , the court shall disregard the evidence unless satisfied by or on behalf of the defendant that, but for that consumption, the concentration of the specified drug in the defendant s blood (as specified in a certificate under section 17 ) would not have been equal to or exceeded the concentration of that drug for the time being standing specified in the Schedule . ]

(3) ( a) A person shall not take or attempt to take any action (including consumption of F38 [ an intoxicant ] but excluding a refusal or failure to provide a specimen of his or her breath or urine or to permit the taking of a specimen of his or her blood) with the intention of frustrating a prosecution under section 4 or 5 .

( b) A person who contravenes this subsection commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.

(4) Where, on the hearing of a charge for an offence under section 4 or 5 , the court is satisfied that any action taken by the defendant (including consumption of F38 [ an intoxicant ] but excluding a refusal or failure to provide a specimen of his or her breath or urine or to permit the taking of a specimen of his or her blood) was so taken with the intention of frustrating a prosecution under any of those sections, the court may find that he or she has committed an offence under subsection (3) .