Road Traffic Act 2016
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Amendment of Act of 2010 - obligation to provide specimens in relation to certain offences involving drugs | ||
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13. The Act of 2010 is amended by inserting after section 13 the following: | ||
“Obligation to provide oral fluid specimen following arrest under Part 2 | ||
13A. (1) Where a person is arrested under section 4(8), 5(10), 9(4), 10(7) or 11(5) of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act and a member of the Garda Síochána is of the opinion that the person had, at the time of the alleged offence, consumed drugs the member may, at a Garda Síochána station or hospital, require the person to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by the member. | ||
(2) A person who refuses or fails to comply immediately with a requirement of a member of the Garda Síochána under this section commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both. | ||
(3) In a prosecution for an offence under this Part 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 an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid. | ||
(4) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. | ||
Obligation to provide blood specimen where suspected of certain offences involving drugs | ||
13B. (1) Where a person is arrested under section 4(8), 5(10), 9(4), 10(7) or 11(5) of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act and a member of the Garda Síochána, having carried out— | ||
(a) a preliminary oral fluid test under section 9(2A) or 10(4), | ||
(b) impairment tests under section 11, or | ||
(c) an oral fluid test under section 13A, | ||
is of the opinion that the person has committed an offence under section 4 consisting of a contravention of subsection (1A) of that section or an offence under section 5(1A) the member may, at a Garda Síochána station or hospital, require the person to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood. | ||
(2) Subject to section 22, a person who, following a requirement under subsection (1) — | ||
(a) refuses or fails to comply with the requirement, or | ||
(b) refuses or fails to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood under that subsection, | ||
commits an offence. | ||
(3) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both. | ||
(4) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.”. |