Road Traffic Act, 1968

PART VIII

Regulation of Traffic

Penalty on person found in a public place while under influence of intoxicating liquor or drug.

59.—(1) A person who is found in a public place in such a condition, because he is under the influence of intoxicating liquor or a drug, as to be a source of danger to traffic or himself shall be guilty of an offence.

(2) A person charged with an offence under this section shall not, in respect of the facts alleged to constitute such offence, be charged under section 12 of the Licensing Act, 1836 , section 12 of the Licensing Act, 1872 , section 25 of the Licensing (Ireland) Act, 1874 , or section 9 of the Summary Jurisdiction Act, 1908 .

(3) Where a member of the Garda Síochána is of opinion that a person is committing an offence under this section he may arrest the person without warrant.