New Reduced Drink Drive Limits

Are in effect from the 28th October 2011

The drink drive limit came down in line with European levels on the 28th October 2011, the current limit drop from 80 milligrams (mg) to 50 milligrams (mg) for all drivers and from 80 milligrams (mg) to 20 milligrams (mg) for learner, newly qualified drivers (for a period of two years after passing the driving test) and professional drivers such as bus, goods vehicle and public service vehicle drivers (PSV).

The reduction can be implemented following the enactment of the Road Traffic No. 2 Act 2011, which was prioritised by the Government in the current Dáil term.

The lowering of the drink drive limit will see the introduction of a new Administrative Penalty System to deal with offences under the new limits. In all cases, if a driver fails a preliminary breath test at the road side they will be arrested and required to provide an evidential breath, blood or urine specimen at a Garda station. Over these limits you face a fine, and risk penalty points, disqualification - or worse. (See below details of penalties applying to new lower drink drive limits).

The public can also find more detailed information on the changes at www.rsa.ie. A dedicated section of the site also dispels many of the myths surrounding drink driving. It provides members of the public with factual information on the effects of drinking and driving and its role in road deaths and serious injuries. The Road Safety Authority can also be followed for updates on Facebook and Twitter.

For further information, please contact:

RSA Communications Office: 096 25008 / pressoffice@rsa.ie

Garda Press Office; 01 6662072 / pressoffice@garda.ie

The lowering of the drink drive limit will see the introduction of a new Administrative Penalty System to deal with certain drink driving offences. Previously all drink driving offences were dealt with in the courts and an automatic disqualification applied to all drink driving convictions. Under the new system if a driver is not already disqualified from holding a driving licence at the time of detection or has not availed of the administrative fixed penalty notice option in the preceding 3 years, and the BAC levels in the body do not exceed 100mg, he or she will be subsequently served with a fixed penalty notice. Court proceedings will not be initiated if payment of the fixed charge is made and the penalty accepted.

The Fixed Charge Penalties applying to new lower drink drive limits are as follows:

50mg – 80mg - the driver will be arrested, brought to a Garda Station and required to provide evidential breath or blood or urine specimens. In all cases where the BAC is deemed to be between 50 and 80mg and the driver is not a ‘specified’ person (e.g. learner or professional driver), and hasn’t availed of the fixed penalty administrative option in the previous 3 years, the driver will be served with a fixed penalty notice and receive a fine of €200 and 3 penalty points. Points will remain on a licence record for a period of three years. Any driver accumulating 12 points in a three year period will be disqualified from driving for a period of 6 months.

80mg – 100mg - the driver will be arrested, brought to a Garda Station and required to provide evidential breath or blood or urine specimens. In all cases where the BAC is deemed to be between 80 and 100mg and the driver is not a specified person, and hasn’t availed of the fixed penalty administrative option in the previous 3 years, the driver will be served with a fixed penalty notice and receive a fine of €400 and the person will be disqualified from holding a driving licence for a period of 6 months.

20mg – 80 mg - the driver will be arrested, brought to a Garda Station and required to provide evidential breath or blood or urine specimens. In all cases where the BAC is deemed to be between 20 and 80 mg and the driver is a specified person, and hasn’t availed of the fixed penalty administrative option in the previous 3 years, the driver will be served with a fixed penalty notice and receive a fine of €200and the person will be disqualified from holding a driving licence for a period of 3 months.

District Court Penalties where the BAC detected is above 100mg or above 80mg for a specified person, where the person is not eligible to be served with a Fixed Penalty Notice, or where payment has not been made in respect of a Fixed Penalty Notice the following court penalties apply on conviction-

OR COURT
Regime for BACs of less than 80	50+ to 80	20+ to 80	6 Months	1 year
Regime for BACs of greater than 80. No change.	80+ to 100		1 year	2 years
	100+ to 150		2 years	4 years
	150+		3 years	6 years
Regime for Court fines & imprisonment: Maximum fine of €5000 and/or 6 months in prison. (No change).

Drink Driving in Ireland - FAST FACTS -

· Alcohol is estimated to be a contributory factor in 1 in 3 fatal collisions (all road users).

· In 1 in 4 fatal crashes, the driver had consumed alcohol.

· Any alcohol impairs driving and increases the risk of collision.

· At half the current limit (0.8 milligrams), drivers are twice as likely to be involved in a collision. At the current limit (0.8 milligrams) drivers are six times more likely to have a collision.

· Alcohol is twice as potent when you are a tired driver.

· Almost 1 in 5 drivers killed on our roads, where alcohol was present, were under the current legal limit (0.8 milligrams) when they died.

· Any amount of alcohol impairs driving and increases risk – so the only safe advice is to Never, Ever Drink and Drive.

· All of the available evidence from research indicates that reducing the legal limit of BAC from the current limit of 0.08 to 0.05 will reduce the risk of being involved in a road traffic collision, and consequently will save lives and prevent serious injuries.

· Every fatal road crash in Ireland costs the state €2.5 million.