Refusing a breath test

Canis Lupus

Curious was watching good old Street Crime UK on Bravo last nite and a lady got pulled by cops for suspected drink driving. She point blank refused to give a breath sample was arrested and in the morning was given a £125 fine (according to program and in fairness she didnt seem overtly drunk). Now whats the situation in Ireland if u don't agree to give a breath sample etc what happens? You are obviously arrested... but what happens after that... If ultimatley the police cant PROVE you were over the limit how does the law look upon it?

Our man in Havana

See Section 10 Road traffic act 2002:

10.—The following section is substituted for section 12 of the Act of 1994:

"12.—(1) This section applies to a person in charge of a vehicle in a public place—

(a) at a time when the vehicle is involved in an accident, or
(b) who, in the opinion of a member of the Garda Síochána, has consumed intoxicating liquor, or
(c) who, in the opinion of a member of the Garda Síochána, is committing or has committed an offence under the Road Traffic Acts, 1961 to 2002 (other than sections 49, 50 and 51 of the Principal Act and sections 12 to 15).
(2) A member of the Garda Síochána may require a person to whom this section applies—

(a) to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his or her breath and may indicate the manner in which he or she is to comply with the requirement,
(b) to accompany him or her to a place (including a vehicle) at or in the vicinity of the public place concerned and there require the person to provide, by exhaling into such an apparatus, a specimen of his or her breath and may indicate the manner in which the person is to comply with the requirement, or
(c) where the member does not have such an apparatus with him or her, to remain at that place in his or her presence or in the presence of another member of the Garda Síochána until such an apparatus becomes available to him or her (but the member shall not require the person to so remain for more than one hour) and the member may then require the person to provide, by exhaling into such an apparatus, a specimen of his or her breath and may indicate the manner in which he or she is to comply with the requirement.
(3) A person who refuses or fails to comply forthwith with a requirement under this section, or to comply forthwith with such a requirement in a manner indicated by a member of the Garda Síochána, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

(4) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section.

(5) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to this section is an apparatus for indicating the presence of alcohol in the breath.".

wiw4

Canis Lupus wrote:

Curious was watching good old Street Crime UK on Bravo last nite and a lady got pulled by cops for suspected drink driving. She point blank refused to give a breath sample was arrested and in the morning was given a £125 fine (according to program and in fairness she didnt seem overtly drunk). Now whats the situation in Ireland if u don't agree to give a breath sample etc what happens? You are obviously arrested... but what happens after that... If ultimatley the police cant PROVE you were over the limit how does the law look upon it?

Is that the one with the black women, and she rings her solicitor? Then she wont get in the police car?

Supercell

(3) A person who refuses or fails to comply forthwith with a requirement under this section, or to comply forthwith with such a requirement in a manner indicated by a member of the Garda Síochána, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

Never would drink and ride a bike , but if was pulled over would take the fine rather than submitting a breath sample tbh.

Canis Lupus

wiw4 wrote:

Is that the one with the black women, and she rings her solicitor? Then she wont get in the police car?

Yeah that was the one.... gotta laff at the way the police couldnt put her in the car and then afterwards the narrator explains the lady said she was pregnant so they were being "careful with her" LOL.... and then u get a 3 minute dialogue on how the police dealt with the incident???!! LOL... they were a bit of a joke and didn't take control of the situation at all. I also notice the lady didnt get done for resisting arrest.... still tho that lady was up her own arse, amazing what some ppl are like....

bond-007 wrote:

shall be liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

Imprisonment is unlikely on a first offence is it? and it states not exceeding e2500 so its unlikely a first offence would get u that fine? But still what happens to a person convicted of drink driving? The normal is a fine and being banned from the road isnt it? I'd take a chance with the fine and even 2500e is better than being banned from driving...

Victor

Canis Lupus wrote:

The normal is a fine and being banned from the road isnt it? I'd take a chance with the fine and even 2500e is better than being banned from driving...

As best I know all drink drivers automatically loose their licence for at least 6 months.

Ste.phen

Longfield wrote:

Never would drink and ride a bike , but if was pulled over would take the fine rather than submitting a breath sample tbh.

Maybe i misread that, but the way it looked to me, if you dont give a sample they arrest you and take you to the station, and then tack on a fine for not submitting to the initial breath test?
(assuming, that is, that they had good cause to think you were drink driving)

Our man in Havana

Igy wrote:

Maybe i misread that, but the way it looked to me, if you dont give a sample they arrest you and take you to the station, and then tack on a fine for not submitting to the initial breath test?
(assuming, that is, that they had good cause to think you were drink driving)

They normally get a blood or urine sample of you at the station which hangs you for DD. There are separate offences for failure to supply blood or urine.

Canis Lupus

yeah but assuming u refuse to take/give any sort of sample they then can't prove u were drunk... and if they cant prove then surely the most they can do for a first offense is fine yur arse....

Chimaera

The most likely reason for refusing to give a breath/blood/urine sample is because you know you're gonna get caught for DUI if you do, ergo refusal to give a sample is implicitly admitting you're over the limit and the book will be thrown at you. Best way around it is not to drink and drive in the first place.

the evil belly

can you express a prefeerence for which sample to give. personally i'd insist on giving blood if possible. been too many cases of inaccurate breath tests etc. why not just give blood and be done with it. happily the group of lads i'd usually be out with wouldn't let anyone get behind the wheel after a drink and no one tries to talk ya into having "just the one" once they know you're driving

Victor

the evil belly wrote:

can you express a prefeerence for which sample to give.

I think you can if the option is blood v urine, but I think you have to do the breath test if asked.

the evil belly

ah fair enough. won't ever actually matter to me though. drinking and driving just ain't happening