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Amendment of section 30 of Act of 1968.
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3.—Section 30 of the Act of 1968 is hereby amended—
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(a) by the substitution in subsection (1) of “a member of the Garda Síochána” for “the member of the Garda Síochána then in charge there”,
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and
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(b) by the substitution in subsection (2) of “a member of the Garda Síochána” for “the member of the Garda Síochána in charge of the station”,
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and, accordingly, the said subsections shall have effect as set out in the Table to this section.
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TABLE
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(1) Where a person (in this section referred to as the arrested person) arrested under section 49 (4) of the Principal Act or section 28 (3) (a) of this Act has been brought to a Garda station a member of the Garda Síochána may do either or both of the following—
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(a) require the arrested person to provide in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for showing the concentration of alcohol in the breath or blood or into a receptacle designed for preserving the specimen for subsequent analysis,
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(b) require the arrested person either to permit a designated registered medical practitioner to take from the arrested person a specimen of his blood or, if the arrested person so opts, to provide for the designated registered medical practitioner a specimen of the arrested person's urine in accordance with the prescribed procedure.
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(2) Notwithstanding subsection (1), when an arrested person who opted to provide in accordance with the prescribed procedure a specimen of urine fails to do so, he may be required by a member of the Garda Síochána to permit the designated registered medical practitioner to take from the arrested person a specimen of his blood.
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