Road Traffic Act 2010
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Prohibition on being in charge of mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits. |
5.— (1) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), 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 commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of alcohol such that, within 3 hours after so being in charge, 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 commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of alcohol such that, within 3 hours after so being in charge, 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 commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of alcohol such that, within 3 hours after so being in charge, 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 guilty of an offence under this section 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 4 . | ||
(7) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. | ||
(8) In a prosecution for an offence under this section it shall be presumed that the defendant intended to drive or attempt to drive the vehicle concerned until he or she shows the contrary. | ||
(9) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act 1872 with the offence of being drunk while in charge, on a highway or other public place, of a carriage. | ||
(10) 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. |