Road Traffic Act 2010

Preliminary impairment testing.

11.— (1) A member of the Garda Síochána, for the purposes of forming the opinion that a person in charge of a vehicle in a public place is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle, if he or she considers it would assist him or her to form such opinion, may require the person to perform in the presence of the member or another member such impairment tests, in the manner indicated, in accordance with impairment test regulations, by the member or other member in whose presence the test is to be performed.

(2) A member of the Garda Síochána in forming an opinion under subsection (1), where a test under subsection (1) is performed in the presence of another member, may take into account any advice or opinion given to him or her by the other member.

(3) The Minister may prescribe the form of tests, indicating the manner and type of the tests, for the purposes of subsection (1).

(4) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.

(5) 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.

(6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.