Section 4 of the Road Traffic Act 2006 provides the legal basis for mandatory alcohol testing (MAT). MAT checkpoints may be established only under written authorisation of a member of An Garda Síochána not below the rank of Inspector. An authorisation shall be in writing and shall specify the date on which, and the public place in which, the checkpoint is to be established and the hours at any time between which it is operated.
Section 4 confers a statutory power to administer the breathalyser to a motorist stopped at a MAT checkpoint without a member of An Garda Síochána being required to form an opinion that the motorist has consumed alcohol, been involved in a collision or breached a provision of the Road Traffic Acts.
This statutory power is without prejudice to any powers conferred on a member of An Garda Síochána by statute or at common law. These include the power under section 12 of the Road Traffic Act 1994 (as inserted by the Road Traffic Act 2003) to require a person in charge of a mechanically propelled vehicle in a public place to provide a breath specimen where in the opinion of a member of An Garda Síochána, the person, inter alia, is or has, with the vehicle, been involved in a collision.
As this power is discretionary, any policy to breathalyse all drivers involved in road traffic collisions would restrict the exercise of a discretionary power.
I am informed by the Garda authorities that it is their policy to make the fullest use of all legislative powers in investigating the commission of offences, including road traffic offences.
