Seanad debates
Thursday, 27 November 2003
Road Traffic Bill 2003: Second and Subsequent Stages.
Section 13 of the 1994 Act provides the legislative basis for the operation by the Garda of the testing of those drivers accused of the commission of one of a range of offences for the presence of alcohol in their blood, urine or breath. Depending on the results of those tests, a driver may be fined, jailed and be disqualified from driving. Where a person refuses to submit to the taking of a roadside breath test under section 12 or refuses to obey a requirement of that section, he or she can be arrested and brought to a Garda station so that a sample of their blood, urine or breath can be taken. It is essential that the reference to the power of arrest that is contained in section 12 must be correctly provided for in section 13. The purpose of section 3 of this Bill is to facilitate that point.
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