Ireland

Is it an offence to refuse a breath test?

€5,000
Maximum fine
12 months
Max imprisonment
4 penalty point
Automatic penalty points
2 years
Driving ban (min)
The Short Answer

Yes, it is a criminal offence in Ireland to refuse or fail to provide a breath specimen when lawfully required by a garda.

What the Law Says

The Road Traffic Act 2010 makes it a criminal offence to refuse or fail to provide a breath specimen when lawfully required by a member of An Garda Síochána.

If a garda has reasonable cause to suspect that you have been driving, attempting to drive, or are in charge of a vehicle while under the influence of alcohol or drugs, they may require you to provide a breath specimen at the roadside using a preliminary breath test device.

Refusing to take this test — or failing without reasonable excuse to provide a sufficient breath sample — is itself a separate offence, even if you are not ultimately found to be over the legal alcohol limit.

The law applies whether the request is made at the roadside, at a garda station, or elsewhere, as long as the garda is acting lawfully and has the required grounds.

Statutory Text

A person who, without reasonable excuse, fails or refuses to provide a specimen of breath for a preliminary test… commits an offence.

— Road Traffic Act 2010, s. 12 — Offences relating to preliminary tests

What to Do

1

Cooperate with the garda’s lawful request for a preliminary breath test.

2

If you believe you have a reasonable excuse (e.g., a genuine medical condition preventing you from blowing), explain it clearly and promptly — but do not refuse outright.

3

If charged, seek legal advice before responding — penalties include a minimum 2-year driving disqualification, 4 penalty points, a fine of up to €5,000, and/or up to 12 months’ imprisonment.

4

Note: You have no right to speak to a solicitor before taking the preliminary test, though you may request one after arrest.

Sources

statuteRoad Traffic Act 2010, s. 12 — Offences relating to preliminary tests

Same Question, Other Jurisdictions

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.