What is the legal basis of Garda Mandatory Intoxicant Testing (MIT) checkpoints?
Learn your legal rights, what you are required to provide, the commonly asked questions and potential consequences of your actions when dealing with drink and/or drug driving tests.
First of all the 3 key basics…
- You must provide your driving licence or in its absence, your name, date of birth and driving status.
- You must comply with the directions of the guard in providing a sample of breath or oral fluid.
- You must remain at the roadside while the testing process is completed.
….but remember your legal rights
The driver has the right to refuse to answer any questions albeit notwithstanding must must comply with the directions of the garda (more of which below).
It is important that you get legal advice from a solicitor who has expertise in this field of Drink/Drug Driving Law.
>> Get a confidential consultation with Michael Burns of MB Solicitors on 01 567 7343 OR use the contact form here
What is an MIT Checkpoint in Ireland?
A mandatory intoxicant testing checkpoint is a checkpoint which has been authorised by a Garda Inspector to operate at a specific time and place, to test drivers for intoxicants purely on the basis that they have arrived at the location where the checkpoint is operating (as opposed to any issue with the driver’s driving or behaviour).
Gardai have wide powers to administer either a breathalyzer test to detect alcohol consumption or an oral fluid sample to detect for any intoxicating substances in your system or both. The driver must comply with the Garda’s direction to provide a sample when requested or is liable to arrest, prosecution and possible disqualification from driving for a period of 4 years.
Stopping and testing drivers (i.e. Mandatory Intoxicant Testing at random with no prior suspicion of an offence having occurred) had had a number of challenges prior to legislation primarily covered by Section 10 of the Road Traffic Act 2010, as amended and expanded by Section 11 of the Road Traffic Act 2016
3 things you must comply with when stopped
- You must produce your driving licence when requested. If you do not have your licence to hand, you may be asked to produce it at a garda station of your choice within 10 days. Failure to produce your licence within 10 days leavesd you open to prosecution.
- You must provide a sample of breath into a drager device in a timely manner when requested to do so by the Garda.
- If being tested for an intoxicating drug substance, you must provide a sample of oral fluid and remain at the roadside while testing is being completed.
If either test proves positive, you will be arrested and transported to a local garda station where a further sample will be taken either by machine or a doctor will attend the garda station in a timely manner and take a sample of blood or urine which will be sent for analyses. You will then be released from garda custody pending the outcome of the testing on the sample you have provided.
Can I refuse a breathalyzer or drug test?
No, if a garda requests a sample of breath or oral fluid, you must provide it or you are liable to arrest, a fine and a 4 year disqualification.
Failing to provide a sample is a specific offence in itself and carries a harsher penalty than most outcomes if a sample is provided. The punishment of 4 years disqualification for failing to provide a sample is mandatory upon conviction as a judge has no discretion is this situation.
Do the gardai need a reason to test me?
If a driver arrives at a mandatory intoxicant checkpoint and the garda requests a sample, you must provide a sample as requested in a timely manner or you are liable to arrest and disqualification upon conviction.
If a driver is pulled over by a garda, a sample can only be lawfully requested if the garda has a reasonable suspicion that an offence has been committed or if they have witnessed an offence being committed. If a sample is requested in these circumstances, it must be provided or the driver is liable to arrest, prosecution and disqualification.
What to do if arrested for drink/drug driving at a checkpoint?
If you are arrested at a checkpoint you should comply with all directions by the garda i.e hand over your keys etc.
You will have your rights read to you and you are not required to say anything or answer any questions.
You should contact your solicitor immediately upon release or if you receive notice that the sample you provided has tested positive.
Will providing a breath sample instead of urine or blood give me a lower reading?
No. Analysis of breath, urine or blood is extremely accurate. Breath is taken through a calibrated breathalyzer machine being used in the garda station whereas blood and urine samples are analysed under laboratory conations at the Bureau of Road Safety. Neither method has been shown to have a variance that might confer an advantage in terms of lower readings.
Can I delay giving a sample at the roadside in order to improve my reading?
No, failure to provide a sample when requested at the roadside will lead to immediate arrest and if convicted, to a higher period of disqualification. In the case of alcohol, depending on when you consumed your last alcoholic drink before being stopped, your reading could actually increase as time passes and your body absorbs the alcohol contained in that last drink.
Will eating or drinking just before a roadside test is taken help me?
You will not be allowed to consume anything by mouth during the period you are stopped at the roadside or upon return to the garda station.
You will be observed by the garda for a period of 20 minutes prior to providing an evidential breath sample at a garda station – this is in order to guarantee that recently consumed alcohol will not compromise the result. In the case of a blood or urine sample, no period of observation is required.
Will sucking on a copper coin prior to providing a breath sample distort the test?
No. There is no evidence that this has any effect on the breath test whatsoever and seems to be one of those old wive’s tales with no evidential merit.
I was given part of my blood or urine sample to retain when being released from the garda station, what should I do with this sample?
If you provided a urine or blood sample, you will have been given a container with half the sample, to retain should you wish to have it independently analysed. There are private companies which undertake this task, at your own expense. This sample should be kept refrigerated while you consult with your solicitor as to whether you should have it independently tested or not.
Can I refuse to open my window or engage with the gardai at a checkpoint?
No, if you are stopped at a mandatory intoxicant checkpoint or if a sample is requested by a garda, you must give your name, address, date of birth, your driving status and you must provide a sample immediately when requested.
Failure to engage, wind down the window or to provide a sample will all result in your forcible removal from the vehicle and immediate arrest.
Check out our practice pages for Drink Driving and Drug Driving Law below
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