Reprieve for first offence drink drivers

FIRST-TIME offenders who are marginally over the new drink drive limit will get penalty points rather than a driving ban in a major concession by Transport Minister Noel Dempsey to angry Fianna Fáil backbenchers.

The rebel TDs had objected to Mr Dempsey’s plans to lower the blood alcohol concentration limit from 80mg per 100ml to 50mg, arguing it would have a devastating effect on rural life. Mr Dempsey is going ahead with the reduced limit but experienced drivers who are marginally over it will escape a driving ban under his amended plans.

The minister published new legislation yesterday which, once passed, will significantly alter the current road safety regime.

The Road Traffic Bill will:

* Lower the drink driving limit from 80mg to 20mg for learner, recently qualified and professional drivers (such as taxi drivers and hauliers).

* Lower the limit to 50mg for all other drivers.

* Provide for mandatory breath-testing at the scene of accidents.

* Ensure that penalty points and bans can be applied to foreign driving licences.

The bill will allow offenders marginally above the new limits to avoid prosecution in court, provided they haven’t been caught drink driving in the previous five years.

Learner, novice and professional drivers who breach their 20mg limit but who are below 80mg will receive a three-month driving ban and a fine of €200.

All other drivers who breach their 50mg limit but who again are below 80mg will receive three penalty points and a €200 fine.

Mr Dempsey admitted the sanction of penalty points rather than a ban for experienced drivers was a concession to the backbenchers, who had threatened to vote against the bill.

“That’s a measure of trying to accommodate the view that people shouldn’t be put off the road for that first offence, so from my point of view, I’ve listened,” he said.

“I think the vast majority of backbenchers will accept that this is a reasonable response to the concerns that they raised. I can’t speak for all of them.”

Several of the backbenchers indicated that they would now support the bill.

Fianna Fáil TD Michael Mulcahy said the penalty point sanction was “not as draconian” as a ban. Another party TD who did not wish to be named said: “It will probably suffice.”

But Independent TD Jackie Healy-Rae said he would vote against the bill.

“It should be left at the 80mg and not 50mg, and the words coming out of my mouth are the words being put into my mouth by the people of south Kerry,” he said.

The bill is expected to become law by next summer.