The specific nature of the extension to roadside breath testing envisaged under section 10 of the Road Traffic Act 2002 related to circumstances where a driver was involved in an accident or had, in the opinion of a member of the Garda, committed a traffic offence. Legal advice made available to me called into question the presentation of the reference in the section to a driver being involved in an accident. Essentially, it was suggested that the provision was not workable. I was, therefore, intent on commencing the remaining elements of the section. These included the provisions which allow the gardaí to require a person who was considered to have committed a traffic offence to submit to a preliminary breath test. I intended to provide for that commencement with effect from 1 December. However, it was in that context that the question about the sequencing of the section arose. This difficulty could have created a doubt about the power of the Garda to arrest a person who had refused to submit to a preliminary breath test for the purpose of demanding that the person subsequently submit to a blood, urine or evidential breath test.