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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 13 April 2017 - onwards
Version 2 of 2

10. Amendment of section 9 of Act of 2010 - obligation to provide preliminary oral fluid specimen

Section 9 (as inserted by section 7 of the Road Traffic (No. 2) Act 2011) of the Act of 2010 is amended -

(a) in subsection (1)(a) by substituting "an intoxicant" for "intoxicating liquor",

(b) by substituting for subsection 2(b) the following:

"(b) to accompany him or her, or another member of the Garda Síochána, to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide, by exhaling into such an apparatus, a specimen of his or her breath in the manner indicated by him or her or that other member, or",

(c) by inserting after subsection (2) the following:

"(2A) A member of the Garda Síochána may require a person referred to in subsection (1) -

(a) to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by the member,

(b) to accompany him or her, or another member of the Garda Síochána, to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by him or her or that other member, or