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7 1994

ROAD TRAFFIC ACT, 1994

PART III

Driving Offences

Interpretation of Part III .

9. —(1) In this Part—

analysis” includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;

Bureau” has the meaning assigned to it by section 37 (1) of the Act of 1968;

designated” means designated by a member of the Garda Síochána;

doctor” means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978 ;

intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol.

(2) A reference in this Part (other than sections 10 and 11 ) to section 49 or 50 of the Principal Act is to the section inserted by this Part.

Prohibition on driving vehicle while under influence of intoxicant.

10. —The following section is inserted in the Principal Act in substitution for section 49 of that Act:

“49.—(1) (a) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

(b) In this subsection ‘intoxicant’ includes alcohol and drugs and any combination of drugs or of drugs and alcohol.

(2) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his blood will exceed a concentration of 80 milligrammes of alcohol per 100 millilitres of blood.

(3) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his urine will exceed a concentration of 107 milligrammes of alcohol per 100 millilitres of urine.

(4) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his breath will exceed a concentration of 35 microgrammes of alcohol per 100 millilitres of breath.

(5) (a) The Minister may, by regulations made by him, vary the concentration of alcohol for the time being standing specified in subsection (2), (3) or (4) of this section, whether generally or in respect of a particular class of person, and the said subsection shall have effect in accordance with any such regulations for the time being in force.

(b) A draft of every regulation proposed to be made under this subsection shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House and section 5 (2) of this Act shall not apply to a regulation made under this subsection.

(6) (a) A person who contravenes subsection (1), (2), (3) or (4) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(b) A person charged with an offence under this section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 50 of this Act.

(7) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply to an offence under this section.

(8) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section.”.

Prohibition on being in charge of vehicle while under influence of intoxicant.

11. —The following section is inserted in the Principal Act in substitution for section 50 of that Act:

“50.—(1) (a) A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), he is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

(b) In this subsection ‘intoxicant’ includes alcohol and drugs and any combination of drugs or of drugs and alcohol.

(2) A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his blood will exceed a concentration of 80 milligrammes of alcohol per 100 millilitres of blood.

(3) A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his urine will exceed a concentration of 107 milligrammes of alcohol per 100 millilitres of urine.

(4) A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his breath will exceed a concentration of 35 microgrammes of alcohol per 100 millilitres of breath.

(5) (a) The Minister may, by regulations made by him, vary the concentration of alcohol for the time being standing specified in subsection (2), (3) or (4) of this section, whether generally or in respect of a particular class of person, and the said subsection shall have effect in accordance with any such regulations for the time being in force.

(b) A draft of every regulation proposed to be made under this subsection shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House and section 5 (2) of this Act shall not apply to a regulation made under this subsection.

(6) (a) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(b) A person charged with an offence under this section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 49 of this Act.

(7) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply to an offence under this section.

(8) In a prosecution for an offence under this section it shall be presumed that the defendant intended to drive or attempt to drive the vehicle concerned until he shows the contrary.

(9) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act, 1872, with the offence of being drunk while in charge, on a highway or other public place, of a carriage.

(10) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section.”.

Obligation to provide preliminary breath specimen.

12. —(1) Whenever a member of the Garda Síochána is of opinion that a person in charge of a mechanically propelled vehicle in a public place has consumed intoxicating liquor, he may require the person—

(a) to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his breath and may indicate the manner in which he is to comply with the requirement;

(b) to accompany him to a place (including a vehicle) at or in the vicinity of that public place and there require him to provide, by exhaling into such an apparatus, a specimen of his breath and may indicate the manner in which he is to comply with the requirement;

(c) where he does not have such an apparatus with him, to remain at that place in his presence or in the presence of another member of the Garda Síochána until such an apparatus becomes available to him (but he shall not require him to so remain for more than one hour) and he may then require the person to provide, by exhaling into such an apparatus, a specimen of his breath and may indicate the manner in which he is to comply with the requirement.

(2) A person who refuses or fails to comply forthwith with a requirement under this section, or to comply forthwith with such a requirement in a manner indicated by a member of the Garda Síochána, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(3) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section.

(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to this section is an apparatus for indicating the presence of alcohol in the breath.

Obligation to provide specimen following arrest.

13. —(1) Where a person is arrested under section 49 (8) or 50 (10) of the Principal Act or section 12 (3) , or where a person is arrested under section 53 (6), 106 (3A) or 112 (6) of the Principal Act and a member of the Garda Síochána is of opinion that the person has consumed an intoxicant, a member of the Garda Síochána may, at a Garda Síochána station, at his discretion, do either or both of the following—

(a) require the person to provide, by exhaling into an apparatus for determining the concentration of alcohol in the breath, 2 specimens of his breath and may indicate the manner in which he is to comply with the requirement,

(b) require the person either—

(i) to permit a designated doctor to take from the person a specimen of his blood, or

(ii) at the option of the person, to provide for the designated doctor a specimen of his urine,

and if the doctor states in writing that he is unwilling, on medical grounds, to take from the person or be provided by him with the specimen to which the requirement in either of the foregoing subparagraphs related, the member may make a requirement of the person under this paragraph in relation to the specimen other than that to which the first requirement related.

(2) Subject to section 23 , a person who refuses or fails to comply forthwith with a requirement under subsection (1)(a) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(3) Subject to section 23 , a person who, following a requirement under subsection (1)(b)

(a) refuses or fails to comply with the requirement, or

(b) refuses or fails to comply with a requirement of a designated doctor in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide 2 specimens of breath pursuant to this section is an apparatus for determining the concentration of alcohol in the breath.

(5) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply to an offence under this section.

Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen.

14. —(1) Whenever a member of the Garda Síochána is of opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of the vehicle, he may require the person to accompany him to a Garda Síochána station.

(2) A person who refuses or fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(3) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under subsection (2).

(4) Where a person is at a Garda Síochána station either pursuant to subsection (1) or having been arrested under subsection (3), a member of the Garda Síochána may there require the person either—

(a) to permit a designated doctor to take from the person a specimen of his blood, or

(b) at the option of the person, to provide for the designated doctor a specimen of his urine,

and if the doctor states in writing that he is unwilling, on medical grounds, to take from the person or be provided by him with the specimen to which the requirement in either of the foregoing paragraphs related, the member may make a requirement of the person under this subsection in relation to the specimen other than that to which the first requirement related.

(5) Subject to section 23 , a person who, following a requirement under subsection (4)

(a) refuses or fails to comply with the requirement, or

(b) refuses or fails to comply with a requirement of a designated doctor in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(6) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply to an offence under this section.

Obligation to provide blood or urine specimen while in hospital.

15. —(1) Where, in a public place, an event occurs in relation to a mechanically propelled vehicle in consequence of which a person is injured, or claims or appears to have been injured, and is admitted to, or attends at, a hospital and a member of the Garda Síochána is of opinion that, at the time of the event,—

(a) the person was driving or attempting to drive, or in charge of with intent to drive or attempt to drive (but not driving or attempting to drive), the mechanically propelled vehicle, and

(b) the person had consumed an intoxicant,

then such member may, in the hospital, require the person either—

(i) to permit a designated doctor to take from the person a specimen of his blood, or

(ii) at the option of the person, to provide for the designated doctor a specimen of his urine, and if the doctor states in writing that he is unwilling, on medical grounds, to take from the person or be provided by him with the specimen to which the requirement in either of the foregoing sub-paragraphs related, the member may make a requirement of the person under this subsection in relation to the specimen other than that to which the first requirement related.

(2) Subject to section 23 , a person who, following a requirement under subsection (1)

(a) refuses or fails to comply with the requirement, or

(b) refuses or fails to comply with a requirement of a designated doctor in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(3) Notwithstanding subsection (2), it shall not be an offence for a person to refuse or fail to comply with a requirement under subsection (1) where, following his admission to, or attendance at, a hospital, the person comes under the care of a doctor and the doctor refuses, on medical grounds, to permit the taking or provision of the specimen concerned.

(4) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply to an offence under this section.

Detention of intoxicated drivers where a danger to selves or others.

16. —(1) Where a person is—

(a) at a Garda Síochána station having been arrested under section 49 (8) or 50 (10) of the Principal Act or section 12 (3) or 14 (3), or

(b) required under section 14 (1) to accompany a member of the Garda Síochána to a Garda Síochána station and complies with the requirement,

he may, at the Garda Síochána station, if the member of the Garda Síochána for the time being in charge of the station is of opinion that the person is under the influence of an intoxicant to such an extent as to be a threat to the safety of himself or others, be detained in custody for such period (not exceeding 6 hours from the time of his arrest or, as the case may be, from the time he was required to accompany a member to the station) as the member of the Garda Síochána so in charge considers necessary.

(2) Where a person is detained under subsection (1), the member of the Garda Síochána for the time being in charge of the Garda Síochána station shall—

(a) in case the person detained is or the said member is of opinion that he is 18 years of age or more, as soon as is practicable, if it is reasonably possible to do so, inform a relative of the person or such other person as the person so detained may specify of the detention, unless the person so detained does not wish any person to be so informed, and

(b) in case the person detained is or the said member is of opinion that he is under the age of 18 years, as soon as is practicable, if it is reasonably possible to do so, inform a relative of the person or such other person as the person so detained may specify of the detention.

(3) A person detained under subsection (1) shall—

(a) in case he is or the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that he is 18 years of age or more, upon the attendance at the station of a person being either a relative of, or a person specified pursuant to subsection (2) by, the person so detained, be released by the said member into the custody of that person, unless—

(i) the latter person is or the said member is of opinion that he is under the age of 18 years,

(ii) the person so detained does not wish to be released into the custody of the latter person, or

(iii) the member aforesaid is of opinion that the person so detained continues to be under the influence of an intoxicant to such an extent that, if he is then released into the custody of the latter person, he will continue to be a threat to the safety of himself or others,

and shall, if not so released, be released at the expiration of the period of detention authorised by subsection (1), and

(b) in case he is or the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that he is under the age of 18 years, upon the attendance at the station of a person being either a relative of, or a person specified pursuant to subsection (2) by, the person so detained, be released by the said member into the custody of that person, unless the latter person is or the said member is of opinion that he is under the age of 18 years, and shall, if not so released, be released at the expiration of the period of detention authorised by subsection (1).

Procedure following provision of breath specimen under section 13 .

17. —(1) Where, consequent on a requirement under section 13 (1)(a) of him, a person provides 2 specimens of his breath and the apparatus referred to in that section determines the concentration of alcohol in each specimen—

(a) in case the apparatus determines that each specimen has the same concentration of alcohol, either specimen, and

(b) in case the apparatus determines that each specimen has a different concentration of alcohol, the specimen with the lower concentration of alcohol,

shall be taken into account for the purposes of sections 49 (4) and 50 (4) of the Principal Act and the other specimen shall be disregarded.

(2) Where the apparatus referred to in section 13 (1) determines that in respect of the specimen of breath to be taken into account as aforesaid the person may have contravened section 49 (4) or 50 (4) of the Principal Act, he shall be supplied forthwith by a member of the Garda Síochána with 2 identical statements, automatically produced by the said apparatus in the prescribed form and duly completed by the member in the prescribed manner, stating the concentration of alcohol in the said specimen determined by the said apparatus.

(3) On receipt of the statements aforesaid, the person shall on being requested so to do by the member aforesaid—

(a) forthwith acknowledge such receipt by placing his signature on each statement, and

(b) thereupon return either of the statements to the member.

(4) A person who refuses or fails to comply with subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

(5) Section 21 (1) shall apply to a statement under this section as respects which there has been a failure to comply with subsection (3) (a) as it applies to a duly completed statement under this section.

Procedure regarding taking of specimens of blood and provision of specimens of urine.

18. —(1) Where under this Part a designated doctor has taken a specimen of blood from a person or has been provided by the person with a specimen of his urine, the doctor shall divide the specimen into 2 parts, place each part in a container which he shall forthwith seal and complete the form prescribed for the purposes of this section.

(2) Where a specimen of blood or urine of a person has been divided into 2 parts pursuant to subsection (1), a member of the Garda Síochána shall offer to the person one of the sealed containers together with a statement in writing indicating that he may retain either of the containers.

(3) As soon as practicable after subsection (2) has been complied with, a member of the Garda Síochána shall cause to be forwarded to the Bureau the completed form referred to in subsection (1), together with the relevant sealed container or, where the person has declined to retain one of the sealed containers, both relevant sealed containers.

(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

Procedure at Bureau regarding specimens.

19. —(1) As soon as practicable after it has received a specimen forwarded to it under section 18 , the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be appropriate) the presence of a drug or drugs in the specimen.

(2) Where the Bureau receives 2 specimens of blood so forwarded together in relation to the same person or 2 specimens of urine so forwarded together in relation to the same person, it shall be sufficient compliance with subsection (1) for the Bureau to make an analysis of and determination in relation to one of the 2 specimens of blood or (as may be appropriate) one of the 2 specimens of urine.

(3) As soon as practicable after compliance with subsection (1), the Bureau shall forward to the Garda Síochána station from which the specimen analysed was forwarded a completed certificate in the form prescribed for the purpose of this section and shall forward a copy of the completed certificate to the person who is named on the relevant form under section 18 as the person from whom the specimen was taken or who provided it.

(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act.

20. —(1) On the hearing of a charge for an offence under section 49 or 50 of the Principal Act, it shall not be necessary to show that the defendant had not consumed intoxicating liquor after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 13 , 14 or 15 .

(2) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, evidence is given by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 13 , 14 or 15 , he had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant—

(a) that, but for that consumption, the concentration of alcohol in the defendant's blood (as specified in a certificate under section 19 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (2) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member,

(b) that, but for that consumption, the concentration of alcohol in the defendant's urine (as specified in a certificate under section 19 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (3) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member, or

(c) that, but for that consumption, the concentration of alcohol in the defendant's breath (as specified in a statement under section 17 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (4) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member.

(3) (a) A person shall not take or attempt to take any action (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath or urine or to permit the taking of a specimen of his blood) with the intention of frustrating a prosecution under section 49 or 50 of the Principal Act.

(b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(4) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, the court is satisfied that any action taken by the defendant (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath or urine or to permit the taking of a specimen of his blood) was so taken with the intention of frustrating a prosecution under either of those sections, the court may find him guilty of an offence under subsection (3).

Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994.

21. —(1) A duly completed statement purporting to have been supplied under section 17 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member of the Garda Síochána concerned with the requirements imposed on him by or under this Part prior to and in connection with the supply by him pursuant to section 17 (2) of such statement.

(2) A duly completed form under section 18 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the designated doctor concerned with the requirements imposed on him by or under this Part.

(3) A certificate expressed to have been issued under section 19 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the Bureau with the requirements imposed on it by or under this Part or Part V of the Act of 1968.

(4) In a prosecution for an offence under section 49 or 50 of the Principal Act or section 13 , 14 or 15 it shall be presumed until the contrary is shown that each of the following persons is a designated doctor—

(a) a person who by virtue of powers conferred on him by this Part took from another person a specimen of that other person's blood or was provided by another person with a specimen of that other person's urine,

(b) a person for whom, following a requirement under section 13 (1), 14 (4) or 15 (1) to permit the taking by him of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his in relation to the taking of such a specimen,

(c) a person for whom, following a requirement under section 13 (1), 14 (4) or 15 (1) to provide for him a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his in relation to the provision of such a specimen.

(5) Where, pursuant to section 13 , 14 or 15 , a designated doctor states in writing that he is unwilling, on medical grounds, to take from a person a specimen of his blood or be provided by him with a specimen of his urine, the statement signed by the doctor shall, in any proceedings under the Road Traffic Acts, 1961 to 1994, be sufficient evidence, until the contrary is shown, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it.

Costs of prosecutions under sections 49 and 50 of Principal Act and Part III .

22. —(1) Where a person is convicted of an offence under section 49 or 50 of the Principal Act or section 13 , 14 or 15 , committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court a contribution towards the costs and expenses incurred by the Bureau in the performance of its functions not exceeding such amount as may, for the time being, stand prescribed.

(2) Payments under subsection (1) shall be disposed of in such manner as may be prescribed.

Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.

23. —(1) In a prosecution of a person for an offence under section 13 for refusing or failing to comply with a requirement to provide 2 specimens of his breath, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure and that, as soon as practicable after the refusal or failure concerned, he complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the taking of a specimen of blood or the provision of a specimen of urine.

(2) In a prosecution of a person for an offence under section 13 , 14 or 15 for refusing or failing to comply with a requirement to permit a designated doctor to take a specimen of blood or for refusing or failing to comply with a requirement of a designated doctor in relation to the taking of a specimen of blood, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure and that, as soon as practicable after the refusal or failure concerned, he complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the provision of a specimen of urine.

(3) Notwithstanding subsections (1) and (2), evidence may be given at the hearing of a charge of an offence under section 49 or 50 of the Principal Act that the defendant refused or failed to comply with a requirement to provide 2 specimens of his breath, or that the defendant refused or failed to comply with a requirement to permit the taking of a specimen of his blood or to comply with a requirement of a designated doctor in relation to the taking of a specimen of blood, as the case may be.

Bar to certain defence to charges under sections 49 and 50 of Principal Act.

24. —It shall not be a defence for a person charged with an offence under section 49 (1) or 50 (1) of the Principal Act to show that, in relation to the facts alleged to constitute the offence, an analysis or determination under the Road Traffic Acts, 1961 to 1994, has not been carried out or that he has not been requested under section 12 to provide a specimen of his breath.