Road Traffic (Amendment) Act, 1978
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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 three hours after so driving or attempting to drive, the concentration of alcohol in his urine will exceed a concentration of 135 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 three hours after so driving or attempting to drive, the concentration of alcohol in his blood will exceed a concentration of 100 milligrammes of alcohol per 100 millilitres of urine. | ||
(4) (a) A person who contravenes subsection (1), (2) or (3) of this section 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. | ||
(b) A person charged with an offence under this section may be found guilty of an offence under section 50 of this Act. | ||
(5) Section 1 (1) of the Probation of Offenders Act, 1907 , shall not apply to an offence under this section. | ||
(6) 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.”. |