Chapter 2

Intoxicated driving offences

Section 4 restates the provisions relating to the prohibition on driving a vehicle while under the influence of intoxicant. It also provides for the lowering of the Blood Alcohol Concentration (BAC) in relation to a person driving or attempting to drive a mechanically propelled vehicle, from 80mg to 50mg (and the equivalent levels in urine or breath) for most drivers and from 80mg to 20mg (and the equivalent levels in urine or breath) for specified persons (novice and professional drivers).

Section 5 restates the provisions relating to the prohibition on being in charge of a vehicle while under the influence of intoxicant. It also provides for the lowering of the Blood Alcohol Content (BAC) in relation to a person in charge of a mechanically propelled vehicle, from 80mg to 50mg (and the equivalent levels in urine or breath) for most drivers and from 80mg to 20mg (and the equivalent levels in urine or breath) for specified persons (novice and professional drivers).

Section 6 restates the provisions relating to the prohibition on driving an animal-drawn vehicle or pedal cycle while under the influence of intoxicant

Chapter 3

Roadside breath & impairment testing

Section 7 is a new provision under which a person who is required to undergo a preliminary breath test but who cannot produce his or her driving licence at that time will be deemed to be a driver to whom the lower limit of 20mg applies until such time as he/she produces his/her licence or evidence that he/she holds such a licence.

Section 8 provides for the mandatory preliminary breath testing of drivers, involved in road traffic collisions, at or near the scene of the collision, where injury is caused to another person that requires medical assistance, subject only to overriding medical considerations in respect of the driver.

Section 9 restates the provisions relating to mandatory breath testing of drivers at authorised checkpoints by members of the Garda Síochána.

Section 10 provides that the driver of a mechanically propelled vehicle may be required by a Garda to perform tests (“Preliminary Impairment Testing”) to assist the Garda in forming the opinion that the driver is or is not under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle. Subsection (3) provides for the making of regulations by the Minister to prescribe the manner and type of tests to be carried out.

Chapter 4

Procedure in relation to providing specimen and undergoing impairment testing at Garda Síochána station etc.

Section 11 provides for the obligation for a driver to provide breath, blood or urine specimens and perform tests following arrest under PART 2, or for offences relating to certain careless driving, dangerous driving, failure of duties on occurrence of a collision or taking a vehicle without authority. Subsection (8) provides that, in forming an opinion under the section, a Garda may take the advice or opinion of others where the test under the section is performed in the presence of another member, a designated doctor or a designated nurse.

Section 12 provides for the procedure following the provision of a breath specimen under section 11 and restates the provisions of section 17 of the Act of 1994.

Section 13 in restating section 15 of the 1994 Act, provides for the obligation on a driver to provide a blood or urine specimen while in hospital where that person has been involved in road traffic collision and where the person is, or claims, or appears to have been injured.

Section 14 restates section 18 of the Act of 1994 and provides for the procedure regarding the taking of specimens of blood and the provision of specimens of urine by designated doctors or nurses.

Section 15 restates section 16 of the Act of 1994 and provides for the detention of intoxicated drivers for a period not exceeding 6 hours where the Garda in charge of the Garda station is of the opinion that the person is under the influence of an intoxicant to such an extent as to be a threat to his/her own safety or the safety of others.

Section 16 provides for the procedure at the Medical Bureau of Road Safety, after a specimen has been received under section 15, regarding the analysis of the specimen, and restates the provisions of section 19 of the Act of 1994.