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Obligation to provide preliminary breath specimen.
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12.—(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 the person—
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(a) to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his breath and may indicate the manner in which he is to comply with the requirement;
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(b) to accompany him to a place (including a vehicle) at or in the vicinity of that public place and there require him to provide, by exhaling into such an apparatus, a specimen of his breath and may indicate the manner in which he is to comply with the requirement;
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(c) where he does not have such an apparatus with him, to remain at that place in his presence or in the presence of another member of the Garda Síochána until such an apparatus becomes available to him (but he shall not require him to so remain for more than one hour) and he may then require the person to provide, by exhaling into such an apparatus, a specimen of his breath and may indicate the manner in which he is to comply with the requirement.
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(2) A person who refuses or fails to comply forthwith with a requirement under this section, or to comply forthwith with such a requirement in a manner indicated by a member of the Garda Síochána, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.
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(3) 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.
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(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act 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 pursuant to this section is an apparatus for indicating the presence of alcohol in the breath.
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