New law goes soft on drink drivers
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FIRST-TIME drink drivers who are just over the limit will not be put off the road under new laws due to come into effect later this year.
Instead, they are likely to be hit with fines and penalty points under new legislation to be published in the autumn, the Irish Independent has learned.
The change in penalties for drink-driving offences will form the most controversial plank of the Road Traffic Bill 2008, in which the blood alcohol limit is reduced substantially from 80mg per 100ml of blood.
But rather than facing an automatic appearance in court and ban if found guilty, drink drivers found to be slightly over the limit will be punished with a combination of fines and penalty points. Penalties will be more severe for repeat offenders and those well over the limit.
The Government is likely to come in for strong criticism for softening its 'get tough' approach to drink driving by being more lenient on first-time drink drivers.
It will be seen as undermining the Road Safety Authority and Government's message of never drinking and driving. Furthermore, it is likely to cause confusion and could tempt some drivers to risk taking another pint.
Officials in the Department of Transport are studying drink-drive measures in other European countries.
While road safety campaigners are demanding the reduction in the blood alcohol limit, vintners want it to be left unchanged for another few years.
The trade-off being contemplated by the Cabinet would appear to be lowering the blood alcohol limit, but modifying the penalties so first-time offenders do not get automatically put off the road.
Ireland has the most stringent drink-driving laws in the EU. A driver will receive a summons, regardless of how far above the limit they are. Motorists are also hit with an automatic suspension if found guilty.
Government sources said last night that the new regime would still aim to punish drink driving and would involve a combination of penalties -- fines, points, disqualification -- depending on the extent of the offence.
The move will also reduce the number of cases going through the courts as drunk drivers will be given the opportunity to accept the penalty without protest.
There are fears the courts will not be able to handle a greater number of cases when the blood alcohol limit is reduced. The Government is planning to proceed with implementing the Road Safety Authority's recommendation for a new limit of 50mg per 100 millilitres of blood -- down from the present 80mg.
This reduction will bring Ireland into line with our continental neighbours, but most of these countries also have penalties in place other than automatic suspensions.
France, Belgium, Denmark, Germany, Austria, Italy, the Netherlands, Portugal and Spain all have a limit of 0.5pc, but have a varying combination of penalties.
A spokesman for Transport Minister Noel Dempsey said officials were still fleshing out the details of the penalties.
Justice Minister Dermot Ahern suggested last week that the Government may have to take into account the problems being faced by rural pubs in drawing up the new legislation on blood-alcohol limits. However, he made it clear he backed the limit being lowered.
According to a spokesperson for Mr Dempsey, a new road traffic bill is being drafted by the Department of Transport.
- Fionnan Sheahan Political Editor
