Road Traffic Act, 1961
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Driving mechanically propelled vehicle while under influence of intoxicating liquor or drug. |
49.—(1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle. | |
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to imprisonment for any term not exceeding six months or, at the discretion of the court, to a fine not exceeding one hundred pounds or to both such imprisonment and such fine. | ||
(3) Subsection (1) of section 1 of the Probation of Offenders Act, 1907 , shall not apply in relation to an offence under this section. | ||
(4) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he may arrest the person without warrant. |