Road Traffic Act 2010
|
Chapter 2 Intoxicated driving offences | ||
|
Prohibition on driving mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits. |
4.— (1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle. | |
(2) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her blood will exceed a concentration of— | ||
(a) 50 milligrammes of alcohol per 100 millilitres of blood, or | ||
(b) in case the person is a specified person, 20 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 or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her urine will exceed a concentration of— | ||
(a) 67 milligrammes of alcohol per 100 millilitres of urine, or | ||
(b) in case the person is a specified person, 27 milligrammes of alcohol per 100 millilitres of urine. | ||
(4) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her breath will exceed a concentration of— | ||
(a) 22 microgrammes of alcohol per 100 millilitres of breath, or | ||
(b) in case the person is a specified person, 9 microgrammes of alcohol per 100 millilitres of breath. | ||
(5) A person who contravenes this section 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. | ||
(6) A person charged with an offence under this section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 5 . | ||
(7) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. | ||
(8) 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. |