6.— (1) A person shall not, in a public place—

(a) drive or attempt to drive, or be in charge of, an animal-drawn vehicle, or

(b) drive or attempt to drive a pedal cycle F10[or a powered personal transporter],

while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the F11[vehicle, cycle or transporter].

(2) A person who contravenes subsection (1) commits an offence and—

(a) if the offence relates to an animal-drawn vehicle, he or she is liable on summary conviction—

(i) in the case of a first offence, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 1 month or to both, and

(ii) in the case of a second or subsequent offence, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both,

or

(b) if the offence relates to a pedal cycle F10[or a powered personal transporter], he or she is liable on summary conviction to a fine not exceeding €2,000.

(3) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act 1872 with the offence of being drunk while in charge, on a highway or other public place, of a carriage.

(4) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he or she may arrest the person without warrant.