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Obligation to provide preliminary specimen of breath.
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28.—(1) Whenever a member of the Garda Síochána is of opinion that a person in charge of a mechanically propelled vehicle in a public place has consumed intoxicating liquor, he may require him to provide in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for the purpose of indicating the presence of alcohol in the breath.
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(2) A person who refuses or fails to comply forthwith with a requisition under this section shall be guilty of an offence.
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(3) A member of the Garda Síochána may arrest without warrant—
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(a) a person who has been driving or attempting to drive a mechanically propelled vehicle in a public place and who, in the opinion of the member, is committing or has committed an offence under this section, or
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(b) a person who is or has been 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 who, in the opinion of the member, is committing or has committed an offence under this section.
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