Road Traffic (Amendment) Act, 1978
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Obligation to provide specimen at Garda station (section 49). |
13.—(1) Where a person arrested under section 49 (6) of the Principal Act or section 12 (3) has been brought to a Garda station, a member of the Garda Síochána may at his discretion do either or both of the following— | |
(a) require the person to provide, by exhaling into an apparatus for indicating the concentration of alcohol in breath or blood, a specimen of his breath, | ||
(b) require the person either to permit a designated registered medical practitioner to take from the person a specimen of his blood or, at the option of the person, to provide for the designated registered medical practitioner a specimen of the person's urine. | ||
(2) A person who refuses or fails to comply forthwith with a requirement under subsection (1) (a) 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. | ||
(3) A person who, following a requirement under subsection (1) (b),— | ||
(a) refuses or fails to comply with such a requirement, or | ||
(b) refuses or fails to comply with a requirement of a designated registered medical practitioner in relation to the taking under this section of a specimen of blood or the provision under this section of a specimen of urine, | ||
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. | ||
(4) In a prosecution for an offence under this section it shall be presumed until the contrary is shown that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath is an apparatus for indicating the concentration of alcohol in the breath or blood. | ||
(5) Section 1 (1) of the Probation of Offenders Act, 1907 , does not apply to an offence under this section. |