Irish drink-driving law change to close language loophole

A legal loophole that may have allowed drink-driving suspects to avoid prosecution because their breath test results were not given in Irish has been closed by the transport minister.

The loophole came to light during the prosecution of a driver allegedly found to be more than twice over the limit.

On Monday, the High Court ruled police must give test results in both English and Irish for prosecutions to be valid.

The minister has since amended the law to state either language can be used.

'Inadmissible evidence'

The legal uncertainty first emerged earlier this year in the case of 29-year-old Mihai Avadenei, from Swords, County Dublin.

His defence team argued that he should have been given a written statement of the results of his alcohol breath test in both English and Irish, and because this had not happened, the test results were inadmissible as evidence.

His case was then referred to the High Court, where a judge ruled that the bilingual requirement was stipulated in legislation.

Irish broadcaster RTÉ reported that Mr Justice Seamus Noonan had said a breath alcohol test "is not a valid piece of evidence if it is in English only".

Road safety campaigners expressed concern at the ruling, and its possible impact on those injured or bereaved by drink-drivers.

Within 24 hours of the High Court ruling, Minister for Transport Paschal Donohoe amended the relevant legislation, namely the Prescribed Form and Manner of Statements Regulations 2011.

In a statement on Tuesday, Mr Donohoe said: 'The advice of the attorney general's office was sought in respect of the need for amending legislation on foot of the judgement in relation to the language of the forms produced by evidential breath testing machines in Garda [police] stations.

"In the interests of road safety, I have moved immediately to provide the new legislation deemed necessary regarding the form of the statements to be provided under section 13 of the Road Traffic Act 2010."

A spokesperson for the Department of Transport confirmed the change had taken effect immediately.

"The minister has now signed into law a replacement statutory instrument which provides that the statements may be produced in either the English or the Irish language which was always the objective of the legislation," they said.