Road Traffic Act 2010


F22[Obligation to provide blood specimen where suspected of certain offences involving drugs

13B. (1) Where a person is arrested under section 4(8), 5(10), 9(4), 10(7) or F23[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, having carried out

(a) a preliminary oral fluid test under section 9(2A) or 10(4),

(b) impairment tests under section 11, or

(c) an oral fluid test under section 13A,

is of the opinion that the person has committed an offence under section 4 consisting of a contravention of subsection (1A) of that section or an offence under section 5(1A) the member may, at a Garda Síochána station or hospital, require the person to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood.

(2) Subject to section 22, a person who, following a requirement under subsection (1)

(a) refuses or fails to comply with the requirement, or

(b) refuses or fails to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood under that subsection,

commits an offence.

(3) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(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)(b), S.I. No. 405 of 2018.