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Version status: In force | Document consolidation status: No known changes
Version date: 28 October 2011 - onwards
Version 2 of 2

8. Obligation to provide blood or urine specimen while in hospital.

The Act of 2010 is amended by substituting for section 14 the following:

"14.

(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, 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, then, subject to subsection (4) and unless the member is of opinion that the person should be arrested, the member shall, in the hospital, require the person either -

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

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

and if the doctor or nurse states in writing -

(i) that he or she is unwilling, on medical grounds, to take from the person or be provided by the person with the specimen to which the requirement in either of the foregoing paragraphs related, or

(ii) that the person is unable or unlikely within the period of time referred to in section 4 or 5, as the case may be, to comply with the requirement,