(1) Where a member of the Garda Síochána is of the opinion that a person driving or attempting to drive a mechanically propelled vehicle, or in charge of a mechanically propelled vehicle with intent to drive or attempt to drive, in a public place is under the influence of an intoxicant, he or she may require the person to accompany him or her, or another member of the Garda Síochána, to a place at, or in the vicinity of, the public place concerned and there to perform tests ('impairment tests'), in accordance with regulations made under this section, in his or her presence or in the presence of another member and in the manner indicated by him or her, or that other member, for the purpose of assessing whether or not the person's ability to drive is impaired.

(2) Where a person is arrested under -

(a) section 4(8), 5(10), 9(4), or 10(7) of this Act, or

(b) section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act,