Road Traffic (Amendment) Act, 1978

Obligation to provide preliminary breath specimen.

12.—(1) Whenever a member of the Garda Síochána is of the opinion that a person in charge of a mechanically propelled vehicle in a public place has consumed intoxicating liquor, he may require the person to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his breath and may indicate the manner in which he is to comply with the requirement.

(2) A person who refuses or fails to comply forthwith with a requirement under this section, or to comply forthwith with such a requirement in a manner indicated by a member of the Garda Síochána, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or, at the discretion of the court, to a fine not exceeding £500, or to both.

(3) 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.

(4) In a prosecution for an offence under this section it shall be presumed until the contrary is shown that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath is an apparatus for indicating the presence of alcohol in the breath.