Are Gardai allowed bag young teenagers?

Webmonkey

Hi,

Just back from the Garda station there, my brother was caught with a little drink taken (15 years old). What an idiot!, he will never learn.

Anyways seems how gardai discovered this, is they took a group of them and bagged them with a breathalizer (sp?).

He was brought to the garda station then when it was discovered that he had 'over the limit' :rolleyes:

Is this allowed or what? Seems strange.

GerryRyan

He's underage and was drinking - an offence, last time I checked. The end justify the means to be honest. I just don't get it - most of the time we hear people moaning about them doing nothing.

Wouldn't complain - the worst he'll get is a caution ...

Webmonkey

Yeah , i don't see it as being a problem but my father is talking bout it. He got off very lightly indeed.

mikemac

Fair play to the garda.

If there were a gang of rowdy teenagers making noise and drinking cans at night outside your house, you wouldn't be slow in calling the guards.

The lad was caught, he'll be put straight (for a while at least), problem solved!

Webmonkey

Yup, he badly want to learn a lesson

Cheers lads

Karoma

Webmonkey wrote:

Hi,

Just back from the Garda station there, my brother was caught with a little drink taken (15 years old). What an idiot!, he will never learn.

Anyways seems how gardai discovered this, is they took a group of them and bagged them with a breathalizer (sp?).

He was brought to the garda station then when it was discovered that he had 'over the limit' :rolleyes:

Is this allowed or what? Seems strange.

In my usual fashion of answering questions by asking questions(What are manners?):
Why wouldn't it be allowed?
Why is it strange (Let me pre-empt the "You mean apart from the Gardaí actually getting off their fat, lazy asses and doing something?" by saying: Shut up. That's why.)
You do know what he was doing was a legal offence,right? You do know the purpose of the Gardaí,right?
They just couldn't question him without a parent or legal guardian. Otherwise, it's pretty much the same procedure as for us old people.

Webmonkey

Its not me thats thinking this, its my father. I can't understand why he would think it as strange though (even though yeah i said strange myself in post, - just didn't want to go explaining it actually my father and all )

muletide

Seems strange my arXe.. He is an underage drinker. In an ideal world your parents would be dragged up in front of a judge, humiliated, and made to explain how they let this happen. This sort of carry on leads to a multitude of social problems, the gardai did their job why not give them a small bit of credit for nipping a potential problem in the bud.

This site is full of people complaining about a lack nof Gardai initiative and action and finally we see some and then you question their methods. The big Q here is who sold him the drink or who turned a blind eye to him drinking.

It is a true refection of YOU and our society that the first person you question is the Gardai and their methods. Grow up and realise that 15 year old drunks are a disgrace and an embarrassement.

Karoma

Webmonkey wrote:

Its not me thats thinking this, its my father. I can't understand why he would think it as strange though (even though yeah i said strange myself in post, - just didn't want to go explaining it actually my father and all )

Fair enough. Parents,eh? Who'd have 'em...

GerryRyan

muletide wrote:

Grow up and realise that 15 year old drunks are a disgrace and an embarrassement.

In fairness, we've all had the few drinks at that age (well, most of us). It's part of being young - curiosity and all that, and yes I know I sound ancient.
'Disgrace' and 'embarrassement' ?

January

Are the Gardai allowed to breathalize someone who isn't driving though?

InFront

While almost anything to stamp out underage drinking is good, and this is a particularly good idea, I was under the impression that minors are allowed alcohol, but that they just cannot buy it themselves and presumably have to consume it privately.

i.e. that minors were allowed to be given alcohol by their parents, is that correct?

Judt

So basically your father is thinking it's odd that the Garda pulled in your brother for committing a crime? (A minor crime perhaps, but a minor crime which leads into much more serious ones, and social issues.)

I think the Garda pursue a good strategy, when they do catch these youngsters (like shooting fish in a barrel, but there's a lot more underage drinkers than gardai) - they bring them home, or have their parents come collect them, thus having the kid shamed, you would hope to the extent of having the family put a stop to the drinking. In a perfect world, right? But if it works for some of the cases, and at least stops kids from getting catatonic for one night (when god knows what bad will happen), then it's better than nothing.

Hopefully now your brother, and others like him, will have the parental jack boot put in for his own good, and for the good of the rest of us (I took abuse from a bunch of drunk teenagers on my way home this evening, so don't just think it's an internal family problem.) Unfortunately you have to waste a lot of garda time to do parents jobs for them in the first place.

Lorax

Ah leave the poor lad alone, theres no facilities!!! NO FACILITIES!!!!!!!!!!

muletide

ThatGuy wrote:

In fairness, we've all had the few drinks at that age (well, most of us). It's part of being young - curiosity and all that, and yes I know I sound ancient.
'Disgrace' and 'embarrassement' ?

Yes we have all done it, but dont criticise the Gardai for catching us.

Yes it is a disgrace that 15 year olds are binge drinking at least once a month (as a recent survey found) so dont be naive and think it is a quaint little Irish tradition that is acceptable, it is embarrassing and it causes so many anti-social problems that it cant be ignored any longer.

That attitude of "sure it did me no harm" is what perpetuates the problem and it takes people like the Gardai and Judges to say enough is enough and hopefully the odd parent will get done for it. If you breed them you have to raise them.

humbert

InFront wrote:

While almost anything to stamp out underage drinking is good, and this is a particularly good idea, I was under the impression that minors are allowed alcohol, but that they just cannot buy it themselves and presumably have to consume it privately.

i.e. that minors were allowed to be given alcohol by their parents, is that correct?

This was also my impression?

ctc_celtic

get off your high horse people, the OP isn't staying that the garda shouldn't have caught him and he's not saying that the crime was harmless.

he is only asking the question are garda allowed to breathalise a minor?
i'm sure he's not say that he shouldn't have been, he just asking can they.

i'm sorry i cant answer the question, but i would say they can, but it would not be something that could be used in court. (the minor would have to be with a guardian or council before a test could be done), but very good for this situation, just to bring it to the attention of the parents.

glad to see the garda are using there heads for once.

Lorax

What if he only had 1 can or something, and was under the limit, would he have gotten off then with a slap on the wrist thought breathalyzers were only used on drivers.. there ya go.

Dave!

I agree with ctc celtic. There's an awful lot of finger wagging in this thread. He was just asking a question, start a seperate thread if ye want to chastise the parents for not electronically tagging their son.

Kintarō Hattori

DaveMcG wrote:

I agree with ctc celtic. There's an awful lot of finger wagging in this thread. He was just asking a question, start a seperate thread if ye want to chastise the parents for not electronically tagging their son.

Absolutely agree here. It's becoming all to prevalent on After Hours that someone asks a specific question or brings something up and a multitude of posters start pointing their fingers and criticising the OP, even though it has to relation to what was originally asked.

Quit being so righteous.

eo980

eo980 wrote:

Absolutely agree here. It's becoming all to prevalent on After Hours that someone asks a specific question or brings something up and a multitude of posters start pointing their fingers and criticising the OP, even though it has to relation to what was originally asked.

Quit being so righteous.

In all honesty, what more do you expect from After Hours? Plus, isn't everybody entitled to their own opinion.

Kintarō Hattori

Deleted User wrote:

In all honesty, what more do you expect from After Hours? Plus, isn't everybody entitled to their own opinion.

Hmnn saying 'Well it is After Hours' is a poor excuse really, that doesn't excuse it. True people are entitled to their opinions, but you can't justify things with a 'Well that's my opinion'. It doesn't cut the mustard.
Having people attacked or their integrity questioned for asking/stating something isn't on. People can't seem to focus on the subject that's in black and white and in front of them and often insist on bringing a thread a completely different direction.

Their inability to see what's in front of them and stay on topic without being righteous is a problem. This doesn't just apply to boards but to life in general. We are going to see a generation of extremely self-righteous arrogant, seriously opinionated people and I amn't looking forward to it.

PHB

In my mind, it would be a total invasion of my privacy.
That said, I'm not 100% sure on the legislation in this regard.

With the new law, breathalisers are allowed to be used on random drivers, but before hand, I was under the impression it's an illegal search.

IF a Gardai did that to me, I'd go ape****e at them, and bring it in front of a judge, as it's a complete violation of my right to privacy and the assumption of innocent until proven guilty. That said, with McDowell in power, anything could be legal these days.

p.s. To all the people who decided to criticise, grow up. First off, if you have the gall to do it online, perhaps you should get ready to do it in real life, cause I guarentee, at least half if not more of your friends, drank when they were 15.
Also, I look forward to you having children, then see how eager you are to blame the parents

15 is what, 4th year? A few drinks is a light estimation of what most of the people in Ireland got up to in 4th year

davyjose

My mate got the sh*t kicked out of him by 3 Garda when he was 16 and underage drinking. He tried to outrun them, so he was brought to the station and got battered.

Stephen

"If da police have to come and get you, they're bringin' an ass-kickin' with them"

https://www.youtube.com/watch?v=_2wOxnAiIVs

PeakOutput

ok first of all if your under 18 and your drinking your not commiting any offence. the offence is either selling alcohol to a minor or buying alcohol for a minor. if he was drinking in a public place(i assume he was) then he has commited an offence and can be fined 65euro (dont know the min and max but thats how much i was fined when i was 17 on paddys day).

as far as I am aware when it comes to minors at least(and i think anyone) the gardai have no right to search youwithout some sort of suspicion you have something illegal on you( im open to correction on this point) but for example if they ask a minor for id and he says he has none they cannot search him for it.

also im pretty sure that if your driving and stopped by a garda you can refuse a breathiliser. youcan get charged with something for doing so(i think) but you can definitely refuse to take one. as i think that is the case your brother could obviously have refused to take abreathiliser but he probably didnt know that.

while i think the gardai were "morally????" right to take him and his mates in the fact that they didnt see them drinking in a public place and "forced" a breathiliser test on them suggests to me they were technically wrong

im no expert but you pick up bits of laws here and there so feel free to correct me

Kernel

PeakOutput wrote:

also im pretty sure that if your driving and stopped by a garda you can refuse a breathiliser. youcan get charged with something for doing so(i think) but you can definitely refuse to take one.

Failure to provide sample = maximum penalty (driving ban and fine).

PeakOutput

Kernel wrote:

Failure to provide sample = maximum penalty (driving ban and fine).

hmmmm ok didnt know that thanks, but with regrds to the op that implies that you were driving a car and thats why they wanted to breathalise you

GerryRyan

davyjose wrote:

My mate got the sh*t kicked out of him by 3 Garda when he was 16 and underage drinking. He tried to outrun them, so he was brought to the station and got battered.

And your point? I'd take that with a pinch of salt tbh ... those days are gone

axer

Are there alcohol limits for drinking under age? first I heard of them.

A breathalyzer is for measuring whether someone is over the limit for driving and NOTHING ELSE from what I know.

Is it actually illegal for under 18's to consume alcolhol?

AlmightyCushion

I seem to remember that under Irish law it is illegal to give alcohol to someone under the age of five:eek: :eek: I wonder how bad things must have been for them to make that a criminal offense?

PeakOutput

axer wrote:

Is it actually illegal for under 18's to consume alcolhol?

nope

its not illegal totake drugs either

shane86

muletide wrote:

Seems strange my arXe.. He is an underage drinker. In an ideal world your parents would be dragged up in front of a judge, humiliated, and made to explain how they let this happen.

LOL

If he was smashing cars and making an arse of himself, yes. If he was having a few cans with his mates in a field and not bothering anyone or being a danger to himself, you cant be serious.

Irish people like a drink. Thats life.

Webmonkey

Wow didn't know how much this thread grew!

Ok lets just clear a few thigns up here.

I am quite surprized of how people got so carried away (in start of first page).
First of all, I didn't see it as being 'that strange' but my father seems to take offense to what they were doing.
He didn't think it was right for a gaurd to put a breathalizer on a minor.

My brother was not actually caught drinking, he didn't buy the drink. Unfort it was vodka they had in a bottle so it put him 'over the limit' after a few drinks. He very light as well but as far as i know that doesn't make a different to the level of alcohol.

He was simply sitting around with a gang (no one was pissed or anything) - they were just sitting on a wall cause they couldn't get into this disco. Next thing the gaurds come over and make them blow into breathalizer. My brother tried but failed first time (I've being breatalized and it isn't as easy as people think it is to blow into it. You must blow for a long period of time)

The gaurds saw this as him not co operating so they brought him to the station (about 20 miles away) from the disco, bit far in my opinion when they could have just phoned from the disco.

Now in all fernous the two gaurds (1 male 1 female) were lovely. They even offered my brother tea and minerals at the station.

The original question was - Are the gardai allowed breathalize a minor that isn't even driving.

It seems a bit harse in my opinion but I would have thoguht they could do what they like.

As for my brother drinking a offense - obviously i agree that it was. I'm not denying that. Like others said, that had nothign to do with what i was asking.

Thanks

axer

#Elites wrote:

i think they just wanted to scare the kids, ive seen it happen a few times, ie: telling them they will throw them in jail or something if they dont tell them what they where doing.

Not a great way to earn respect from kids actually its probably the kind of behaviour that makes the kids see the police as them against us.

OLP

One night walking home from a field 2 of my mates got arrested, There where 5 of us and we were all 15/16, we weren't bothering anyone or causing any damage but these two were a danger to themselves so I can't argue that they shouldn't have been arrested but the gardai insisted on putting the cuffs on even though they fully complying, I thought that a bit strange but how and ever, one of the Gardai then said "Right lads I know ye were drinking so I'm going to have to take your detail" The thing was one of us hadn't had a drop (He's on very strong anti-biotics) and when he denied that he had drank the gardai threatened to put him in the car instead of one of the other two. That just seemed very stubborn but there was no mention of a breathalizer. But in fairness the Guards were nice about the whole thing, but I think that was mainly due to the fact that "We didn't look like scumbags" and I heard later that they just brought my mates to the station, called their parents and put them in a cell until they were collected, they even had a laugh with them.

humbert

He was drinking in public which is an offence but that has nothing to do with being breathalised. Are all the people condemning this guy really implying they didn't drink until they were 18?

Nevyn

It is no illegal for a minor to drink or to be 'given' drink but it is illegal to drink in pubikc or to have an open bottle/can of alchol and it is illegal for a minor to be intoxicated.

JC 2K3

From citizensinformation.ie:

If you are under 18, you cannot legally buy alcohol or drink it unless you are in a private residence and have permission to be there.

http://www.citizensinformation.ie/categories/health/alcohol-and-drug-treatment-services/alcohol_and_the_law/?searchterm=alcohol

Gardaí suspect minors of drinking outside a private residence, to prove that they've been drinking they breathalyse them.

axer wrote:

A breathalyzer is for measuring whether someone is over the limit for driving and NOTHING ELSE from what I know.

It measures how much alcohol is in one's bloodstream, I fail to see why gardaí wouldn't be allowed to use it in any situation where they needed to check someone's blood alcohol level.

And the OP mentions that his brother didn't get into a disco. Gardaí are always outside those discos and I always presumed it was to make sure there was no underage drinking going on outside.

Crucifix

PHB wrote:

...cause I guarentee, at least half if not more of your friends, drank when they were 15

Kids these days.....when I was a lad we waited until we were 16!

cson

15 year olds binge drinking once a month? That is most definitely wrong, I live in a small town and they're at it every weekend.

I'm 18 and there have been a few times I've walked into pubs in my area lately and been/felt the oldest there by some margin. In fairness I did a fair bit myself when I was under 18 but its always they way when you become legal you start complaining about underagers... Damn underagers!

I had a mate arrested when he was 17 for faking a driving licence, he got in some **** about it, he was caught speeding a few months after and warned that the next offence would land him in court. The lengths underagers go to get drink...... a shame cos its not all its cracked up to be.

brianthebard

adrieanne__x wrote:

Are the Gardai allowed to breathalize someone who isn't driving though?

They would have to be, how else would they be able to legally ascertain whether or not an underage person was drunk? I mean sure you could probably tell by looking at them but that isn't really covered by the letter of the law.

timmywex

the breathaliysers see if there is any alcohol in the blood, if it turned up yes, it means the young person has been drinking, an offence

Webmonkey

timmywex wrote:

the breathaliysers see if there is any alcohol in the blood, if it turned up yes, it means the young person has been drinking, an offence

Not neccessairly. They could have drank in their private home and walked out on the streets.

Anyways thats besides the point - He done an offense by drinking in a public area. I think he has learned his lesson. If anyone is to blame it is those bouncers - All his friends got in except him for no particular reason. The guys that brought the drink even got in.

cson

Webmonkey wrote:

If anyone is to blame it is those bouncers - All his friends got in except him for no particular reason. The guys that brought the drink even got in.

For doing their job? Bouncers are a breed of their own no doubt but thats what they are there for, stop trouble and keep underagers out.

So if anyone is to blame its your brother himself for getting caught.

Webmonkey

This disco is a strictly under 18s - he is 15.
He is not a trouble maker he is just one that hangs around with the trouble makers and ends up getting caught. He doesn't seem to be able to help himself he is simply easy led - a thing that has to change for his own good.

We are not talking about night clubs, i talking about a youth disco.


Edit - this is the disco that was on the Star newspaper a few months ago if anyone interested. It is a hole of a place and should be shut down. It only kept opened to fund the local GAA. It causing more trouble than anything

cson

Webmonkey wrote:

This disco is a strictly under 18s - he is 15.

Fair enough, thought it was anight club he was trying to get into tbh. Its pretty common though for bouncers in youth discos to refuse kids that appear to be drunk/have taken drink. I remember when I was going to them a few years ago they used to search people and all.

Webmonkey

They known to kick the children around too when kicking them out. Some mightn't even have done anything out of way only be in wrong place at wrong time.
Thing is he wasn't drunk, just a little tipsy and i amn't sure if he had drink even taken when he was going in, think that happened as a result of him not getting in.

patrickolee

What's all this talk about 'underage drinking'... in my day we just called it 'drinking'!

The Muppet

I'm open ot be corrected on this but I doubt if the Gardai would be within their rights to brethalize a minor without his/her parents being present.


To all the self righteous spouting crap in this thread I can only assume
that (a) you are not parents of teenagers or (b) you have not reached 15 youself and judging some of the contributions I'd say b is nearer the mark.

PeakOutput

timmywex wrote:

the breathaliysers see if there is any alcohol in the blood, if it turned up yes, it means the young person has been drinking, an offence

we have already discussed this if you had of read the topic it is not an offence for someone under 18 to drink alcohol