Under the Road Traffic Act 2010, a motorist who refuses or fails to comply immediately with a request from a garda at a checkpoint to undergo a breath test commits an offence.
If the person is prosecuted and convicted by a court, the maximum penalty under the legislation is a fine of €5,000 and a six-month jail term.
The garda has the power to arrest the motorist, without a warrant, if, in his opinion, the driver has committed an offence. The motorist will then be brought to the nearest garda station.
If the motorist pleads that due to a medical condition, such as asthma, or for any other reason deemed acceptable by the garda, he cannot complete the breathalyser test, the garda has the power to take him to a garda station and require him to give a blood or urine sample.
Source: Tom Brady, Irish Independent, 24/05/13
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