Proof of Drink Driving
When the Gardai prosecutes a driver for a drink offence, they must provide proof to the court if that driver is to be convicted of drink driving. There are slight differences between the proof required for a conviction for drink driving and the proof required for a conviction of driving while under the influence of an intoxicant.
Driving While Under The Influence of an Intoxicant
This is a charge that is generally brought on someone who has failed to provide samples of blood, urine, or breath.
To prove this offence, the Gardai must prove to the court that a person drove or attempted to drive a mechanically-powered or propelled vehicle in a public place and was under the influence of alcohol to the extent that the driver could not maintain proper control of the vehicle.
In cases such as this, the Garda will provide evidence of their observations and opinions that they formed as a consequence of these observations. If other Gardai or doctors at the Garda Station had contact with the driver, their observations and opinions may be given, as well.
Evidence against a driver may include Garda observations that the driver was unable to perform co-ordinations tests, such as walking a straight line or putting the key into the vehicle's lock.
Drink Driving Offenses
More common prosecution for drink driving offenses are cases where the driver has provided blood, urine, or breath samples. In these cases, the Gardai or the prosecution must prove that a driver drove or attempted to drive a mechanically-powered vehicle with a blood/alcohol content greater than 80 milligrams per 100 milliliters of blood under section 49(2). For section 49(3), the Gardai must prove that a driver drove or attempted to drive a mechanically-powered vehicle with an alcohol/urine content greater than 107 milligrams of alcohol per 100 milliliters of urine. For prosecution under 49(4), the Gardai must prove that a driver drove or attempted to drive a mechanically-powered vehicle with a breath/alcohol content greater than 35 micrograms of alcohol per 100 milliliters of breath.
For cases prosecuted under 49(2) or 49(3), the analysis of blood or urine will be certified by the Medical Bureau of Road Safety. For cases prosecuted under 49(4), the breath test results showing the concentration of alcohol on a driver's breath will be based on the print-out from the intoxilyzer, the machine designed for measuring alcohol concentrations in the breath.
Read more about Irish drink driving offences by click through the following links:
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