The procedures adopted after the provision of a breath, blood or urine sample when faced with a prosecution under the Road Traffic Acts is vitally important. A break in the chain of evidence or failure to follow the correct procedure by the Gardai or the Bureau may lead to a collapse in the prosecution case.
Breath samples
The procedure covering breath samples is set out in section 17 of the Road Traffic Act, 1994 (amended by the Road Traffic Act, 2006).
The Gardai must obtain two specimens of your breath, produce two identical statements from the intoxilyser machine and get the accused person to sign both analysis statements. One copy is retained by the Gardai and one is given to the accused person.
Blood and urine samples
Section 18 of the Road Traffic Act, 2004 (as amended by 1(1)(e) of the 2006 Road Traffic and Transport Act, 2006 sets out the procedure for taking urine and blood samples.
A designated doctor or nurse will take a sample of blood or urine, divide it into two parts, put them into 2 containers and seal them. One is sent to the Bureau for analysis and one offered to the accused person who has a choice as to which container he retains.
The sealed container to be sent forward to the Bureau for analysis must be sent as soon as practicable together with the prescribed form completed by the doctor or nurse.
There is a presumption in law that the necessary procedures have been followed by the doctor or nurse unless this presumption can be rebutted by the defence.
Procedure at the bureau
Section 19 of the 1994 Act deals with the procedure at the Bureau when it receives samples taken. The Bureau certifies the accuracy of specimens taken and it must forward to the Gardai “as soon as practicable” a completed certificate in the prescribed form and a copy to the accused person.
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