Road Traffic Act 2010


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 Síochána is of the opinion that the person had, at the time of the alleged offence, consumed drugs the member may, at a Garda Síochána 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 Síochána 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 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.

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




Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 13, S.I. No. 129 of 2017. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.


Substituted (26.10.2018) by Road Traffic (Amendment) Act 2018 (18/2018), s. 2(1)(a), S.I. No. 405 of 2018.