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Version status: Repealed | Document consolidation status: Updated to reflect all known changes
Version date: 20 July 1978 - onwards
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28. Obligation to provide preliminary specimen of breath.

Repealed from 20 July 1978

(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 him to provide in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for the purpose of indicating the presence of alcohol in the breath.

(2) A person who refuses or fails to comply forthwith with a requisition under this section shall be guilty of an offence.

(3) A member of the Garda Síochána may arrest without warrant -

(a) a person who has been driving or attempting to drive a mechanically propelled vehicle in a public place and who, in the opinion of the member, is committing or has committed an offence under this section, or

(b) a person who is or has been 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 and who, in the opinion of the member, is c

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