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What is the procedure if I am arrested for drink driving?
If you are arrested at the roadside for drink driving, the Garda is obliged to inform you in ordinary understandable language that you are being arrested for the offence of drink driving. You will be brought to a local Garda Station where you will be informed of your rights by a member in charge of the station. These rights include consulting with a solicitor but should be noted that failure to contact your solicitor will not excuse you from complying with the Garda’s request for a sample of blood, urine or breath specimen.
If you provide a sample of blood or urine the sample will be divided into two containers in your presence and sealed. You will then be offered a sample of your choice and the remaining sample will be sent to the Medical Bureau of Road Safety for analysis. The results of the test will be posted to both yourself and to the Garda concerned. You may have your own sample independently analysed if you wish. Similarly, if you provide a sample of your breath the intoxilyser machine will give two immediate print outs of the level of alcohol in your breath. You will be offered a choice of either read-out to retain for yourself and the other can be used by the Garda in court as proof that you were above the legal limit. |
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