F24[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 Síochána, 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 Síochána 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 Síochána, 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 Síochána 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).

F25[(4A) Where a member of the Garda Síochána, under paragraph (b) or (c) of subsection (4), requires a person to provide a specimen of oral fluid from his or her mouth, the member shall require the person to remain at a place (including a vehicle) at or in the vicinity of the checkpoint concerned (for a period that does not exceed 30 minutes after the provision of the specimen) until the apparatus referred to in subsection (4)(b) indicates the presence or absence of drugs in the specimen.]

(5) A member of the Garda Síochána for the purposes of making a requirement of a person under subsection F26[(4) or (4A)] 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 F26[subsection (4)(d)(ii)) or (4A)] or such a requirement in a manner indicated by a member of the Garda Síochána 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 Síochána 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 Síochána 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 Síochána 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 Síochána 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 Síochána 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 F27[Road Traffic Act 1961 to 2023] 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.]