icon-grid
Better Regulation logo
Table of Contents

Table of Contents

Expand all headings Collapse all headings Expand side bar Collapse side bar
Road Traffic Act, 1968 (No. 25)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-7)1. Short title.2. Interpretation.3. Collective citation and construction.4. Commencement.5. Repeals.6. Minor and consequential amendments of Principal Act.7. Non-application of Public Offices Fees Act, 1879.Part II General Provisions Relating to Vehicles (ss. 8-17)8. Control of supply of vehicles.9. Control of importation, etc., of vehicle parts.10. Control and operation of trailers.11. Determination of maximum weights.12. Inspection and examination of vehicles.13. Inspection and examination of vehicles in large fleets.14. Approval marks.15. Obligatory penalty for excess weight.16. Extension of powers of authorised officer under section 16 of Principal Act.17. Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.Part III Driving Licences (ss. 18-23)18. Regulations in relation to control of driving instruction.18A. Disqualification of driving instructors19. Amendment of section 29 of Principal Act.20. Operation of disqualification order.21. Amendment of section 33 of Principal Act.22. Limited certificates of competency for special cases.23. Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person.Part IV Speed Limits (ss. 24-26)24. General speed limit.25. Amendment of section 46 of Principal Act.26. Amendment of section 47 of Principal Act.Part V Driving Offences (ss. 27-52)27. Definitions for Part V.28. Obligation to provide preliminary specimen of breath.29. Amendment of section 49 of Principal Act.30. Obligation to provide, or permit taking of, specimen at Garda station (section 49).31. Bar to certain defences to charges under section 49 of Principal Act.32. Amendment of section 50 of Principal Act.33. Obligation to provide, or permit taking of, specimen at Garda station (section 50).34. Bar to certain defences to charges under section 50 of Principal Act.35. Provisions relating to certain evidence in prosecutions under section 49 or 50 of Principal Act.36. Defence to refusal to permit taking of specimen.37. Establishment of Bureau for purposes of this Part.38. Functions and duties of the Bureau.39. Director of the Bureau.40. Provisions of the establishment order.41. Expenses of the Bureau.42. Protection of Director, etc., against legal proceedings.43. Procedure following taking or provision of specimen.44. Evidential effects of certificate under section 43.45. Right to further analysis.46. Opportunity to have taken or to give additional specimen, or to be supplied with portion of specimen.47. Regulations for sections 27 to 46.48. Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug.49. Driving without reasonable consideration.50. Careless driving.51. Amendment of section 53 of Principal Act.52. Amendment of section 55 of Principal Act.Part VI Compulsory Insurance (ss. 53-55)53. Cesser of provisions of Principal Act relating to approved guarantee.54. Exempted person.55. Deposits by exempted persons.Part VII Public Service Vehicles (ss. 56-58)56. Penalty for damaging public service vehicle.57. Amendment of section 82 of Principal Act.58. Transfer to Minister of functions of Commissioner of Garda Síochána under section 86 of Principal Act.Part VIII Regulation of Traffic (ss. 59-63)59. Penalty on person found in a public place while under influence of intoxicating liquor or drug.60. Regulations for the general control of traffic and pedestrians.61. Amendment of section 93 of Principal Act.62. Transfer of traffic functions to local authorities.63. Removal of vehicles abandoned or unlawfully parked.Part IX Miscellaneous (ss. 64-66)64. Amendment of section 103 of Principal Act.65. Taking vehicle without authority.66. Investigation and inquiry by person authorised by Minister into accident involving vehicle.Schedule - Minor and consequential amendments of Principal ActSchedule 2 Specified offencesSchedule 2, Part 1 Life DisqualificationSchedule 2, Part 2 Disqualification for Specified PeriodSchedule 2, Part 3 Disqualification For A Specified Period (Road Traffic Offences)
Page Overview
Document Overview
Tools
Set a date to view the document
Text comparison options
Full text - Date 1 vs Date 2
Amendments requiring commencement - Current text vs Text requiring commencement
Draft proposed changes - Current text vs Text proposed by drafting documents
Coming soon: Any documents - Any document vs Another document at any date
Print / Export options
Current page
Whole document
Selected pages
Consolidated PDF of the entire document as of 23rd December 2024
Export
Export line by line
Export provision to provision
Report template
Create report template
Alert me to changes
Manage alerts
Bookmarks
This page
This document
Manage bookmarks
Search within this document
View previous searches
Share
Get page link
Share via email application
PreviousNext
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 September 1968 - onwards
Version 2 of 2

59. Penalty on person found in a public place while under influence of intoxicating liquor or drug.

(1) A person who is found in a public place in such a condition, because he is under the influence of intoxicating liquor or a drug, as to be a source of danger to traffic or himself shall be guilty of an offence.

(2) A person charged with an offence under this section shall not, in respect of the facts alleged to constitute such offence, be charged under section 12 of the Licensing Act, 1836, section 12 of the Licensing Act, 1872, section 25 of the Licensing (Ireland) Act, 1874, or section 9 of the Summary Jurisdiction Act, 1908.

(3) Where a member of the Garda Síochána is of opinion that a person is committing an offence under this section he may arrest the person without warrant.

PreviousNext