Road Traffic Act, 1994
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Prohibition on driving vehicle while under influence of intoxicant. |
10.—The following section is inserted in the Principal Act in substitution for section 49 of that Act: | |
“49.—(1) (a) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he 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 not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his blood will exceed a concentration of 80 milligrammes of alcohol per 100 millilitres of blood. | ||
(3) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his urine will exceed a concentration of 107 milligrammes of alcohol per 100 millilitres of urine. | ||
(4) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his breath will exceed a concentration of 35 microgrammes of alcohol per 100 millilitres of breath. | ||
(5) (a) The Minister may, by regulations made by him, vary the concentration of alcohol for the time being standing specified in subsection (2), (3) or (4) of this section, whether generally or in respect of a particular class of person, and the said subsection shall have effect in accordance with any such regulations for the time being in force. | ||
(b) A draft of every regulation proposed to be made under this subsection shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House and section 5 (2) of this Act shall not apply to a regulation made under this subsection. | ||
(6) (a) A person who contravenes subsection (1), (2), (3) or (4) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both. | ||
(b) A person charged with an offence under this section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 50 of this Act. | ||
(7) Section 1 (1) of the Probation of Offenders Act, 1907 , shall not apply to 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.”. |