F29[11.— (1) Where a member of the Garda Síochána is of the opinion that a person driving or attempting to drive a mechanically propelled vehicle, or in charge of a mechanically propelled vehicle with intent to drive or attempt to drive, in a public place is under the influence of an intoxicant, he or she may require the person to accompany him or her, or another member of the Garda Síochána, to a place at, or in the vicinity of, the public place concerned and there to perform tests (‘impairment tests’), in accordance with regulations made under this section, in his or her presence or in the presence of another member and in the manner indicated by him or her, or that other member, for the purpose of assessing whether or not the person’s ability to drive is impaired.

(2) Where a person is arrested under—

(a) section 4(8), 5(10), 9(4), or 10(7) of this Act, or

(b) section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act,

having driven, attempted to drive, or been in charge of a mechanically propelled vehicle, a member of the Garda Síochána may, within 3 hours after the person so driving, attempting to drive or being in charge of the vehicle, at a Garda Síochána station, require the person to perform impairment tests in accordance with regulations made under this section for the purpose of assessing whether or not the person’s ability to drive is impaired.

(3) Evidence obtained under subsection (1) or (2) that a person’s ability to drive is impaired shall be evidence for the purposes of sections 4 and 5 that the person is incapable of having proper control of a mechanically propelled vehicle.

(4) For the purposes of subsections (1) and (2) the Minister may prescribe—

(a) the kinds of impairment tests that may be required to be performed,

(b) the manner in which such a test may be administered,

(c) instructions to be given to a person performing such a test,

(d) the kind of observation of physical state that may be made in the course of such a test,

(e) the inferences that may be drawn from observations made in the course of such a test, and

(f) a form on which the observations made and inferences drawn in the course of such a test may be recorded and by which impairment may be assessed.

(5) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) or (2) 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.

(6) 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 consisting of failing to comply with a requirement under subsection (1).

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