Road Traffic Act 2010
Roadside breath and impairment testing
Procedure in relation to person required to undergo breath test who cannot produce his or her driving licence.
8.— (1) Where a person who is in charge of a mechanically propelled vehicle is required by a member of the Garda Síochána under section 9 or 10 to provide a specimen of his or her breath and the person is unable to produce and present, at the demand of the member under section 40 of the Principal Act, to the member a driving licence held by the person, the person is deemed to be a specified person for the purposes of section 4 or 5 , as the case may be, where an apparatus for indicating the presence of alcohol in the breath indicates the presence of more than 9 microgrammes of alcohol per 100 millilitres of breath present in the body of the person.
(2) A person referred to in subsection (1) shall be dealt with accordingly under this Part, until such time as the person produces and presents, within 10 days of the requirement, to the member or another member of the Garda Síochána, at a Garda Síochána station nominated by the person, a driving licence held by the person or is able within that period to produce and present evidence that he or she holds a driving licence.
(3) Where a person on foot of a requirement by a member of the Garda Síochána under a provision referred to in subsection (1) to provide a specimen of his or her breath is required under section 40 of the Principal Act to produce in accordance with subsection (2) a driving licence or learner permit or evidence that he or she holds such and the person fails to produce it or produces it but fails to permit the member to whom it is produced to read it and is charged with committing an offence under section 40 of the Principal Act, section 1 (1) of the Probation of Offenders Act 1907 does not apply to the offence.
(4) Where a person is tried for committing an offence under section 4 or 5 for having as a specified person exceeded a concentration of alcohol referred to in the section concerned applicable to a specified person and it is shown to the court that the person at the time of the alleged offence was not a specified person, the court shall—
(a) where the person has produced and presented his or her driving licence to a member of the Garda Síochána under section 40 of the Principal Act at the demand under that section of the member at the time of the alleged offence or produced the licence or evidence of holding such in accordance with subsection (2) or the vehicle concerned was not a vehicle referred to in paragraph (c) or (d) of the definition of “specified person” in section 3 (1) and has exceeded the corresponding higher concentration of alcohol referred to in the section concerned applicable to a person who is not a specified person, try the person, accordingly, in relation to exceeding that second-mentioned concentration of alcohol and amend the summons in relation to the charge, or
(b) where the person did not so produce and present his or her driving licence or evidence of holding such, try the person accordingly as a specified person in relation to exceeding the concentration of alcohol specified in the summons.
(5) In this section “driving licence” means a driving licence (other than a driving licence referred to in paragraph (c) or (d) of the definition of “specified person” in section 3 (1)) having effect and licensing the person to drive the vehicle used on the occasion in question.