Vol. 575 No. 5
163 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform the conditions under which the Garda Síochána will breathalyse motorists who are stopped by the gardaí in the course of their journeys; when the breathalyser will be used; and if he will make a statement on the matter. [28702/03]
The circumstances in which the Garda Síochána may administer a roadside breath test are set out in the Road Traffic Acts 1961 to 2002 which are the responsibility of the Minister for Transport. The Deputy will be aware that the Minister for Transport is bringing legislation through the Oireachtas today to amend the existing provisions relating to driving while intoxicated.
The legal position is that when a motorist is stopped by the Garda Síochána in accordance with the provisions of the Road Traffic Acts, a garda may require the person to provide a specimen of breath by exhaling into an apparatus for indicating the presence of alcohol in the breath; to accompany him-her to a place at, or in the vicinity of, that public place and require him-her to provide, by exhaling into such an apparatus, a specimen of his-her breath; where the garda does not have such an apparatus with him-her, to remain at that place in the garda's presence or in the presence of another member of the Garda Síochána until such an apparatus becomes available to him or her, but not to remain for more than one hour, and he or she may require the person to provide, by exhaling into such an apparatus, a specimen of his-her breath.
Either an alcometer or the more traditional "blow in the bag" alcolyser may be used for this purpose of compliance with the requirement.
