Dáil Éireann Debate, Tuesday - 16 April 2013
1353. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport if under the Road Traffic Act 2011 it is a mandatory or a discretionary power for a Garda to test a driver at a Garda station after arresting them at the scene of an injury-related collision; if he is considering amending section 7 of the 2011 Act in this regard; and if he will make a statement on the matter. [17146/13]
View answerSection 7 of the Road Traffic (No. 2) Act 2011 substitutes section 9 of the Road Traffic Act 2010, provides for mandatory preliminary breath testing at the roadside where injury has been caused following a road traffic collision. It is not discretionary, however a Garda can make decision not to carry out a breath test where it could be injurious to the drivers health or if the drivers is deceased, for example. I do not have any plans to further amend section 9.
Where a person has been arrested following a preliminary breath test under section 9, a member of the Garda Síochána may, under section 12 of the 2010 Act, require the person under arrest to provide either an evidential breath specimen or a blood/urine specimen or both. A person who refuses or fails to comply with such a requirement commits an offence under section 12 and is liable to a maximum fine of €5,000 and/or a term of imprisonment not exceeding 6 months following conviction.
