Road Traffic (Amendment) Act, 1978

Prohibition on being in charge of vehicle while under influence of intoxicant.

11.—The following section is inserted in the Principal Act in substitution for section 50 of that Act:

“50.—(1) (a) A person shall be guilty of an offence who, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

(b) In this subsection ‘intoxicant’ includes alcohol and drugs and any combination of drugs or of drugs and alcohol.

(2) A person shall be guilty of an offence who is in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it) and in whose body there is present a quantity of alcohol such that, within three hours after having been so in charge of the vehicle, the concentration of alcohol in his blood will exceed a concentration of 100 milligrammes of alcohol per 100 millilitres of blood.

(3) A person shall be guilty of an offence who is in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it) and in whose body there is present a quantity of alcohol such that, within three hours after having been so in charge of the vehicle, the concentration of alcohol in his urine will exceed a concentration of 135 milligrammes of alcohol per 100 millilitres of urine.

(4) (a) A person who is guilty of an offence under this section shall be liable on summary conviction—

(i) in the case of a first offence, to a fine not exceeding £100 or, at the discretion of the court, to imprisonment for any term not exceeding three months, or to both, and

(ii) in the case of a second or any subsequent offence, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for any term not exceeding six months, or to both.

(b) A person charged with an offence under this section may be found guilty of an offence under section 49 of this Act.

(5) In a prosecution for an offence under this section it shall be presumed that the defendant intended to drive or attempt to drive the vehicle until he shows the contrary.

(6) 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.

(7) Where a person convicted of an offence under this section has been previously convicted of an offence under section 49 of this Act (as amended by the Road Traffic Act, 1968 ), section 49 of this Act (inserted by the Road Traffic (Amendment) Act, 1978), or section 30 (3) or 33 (3) of the Road Traffic Act, 1968 , he shall be treated for the purposes of this section as having been previously convicted of an offence under this section.

(8) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section.”.