Drivers have been warned that new drink-driving limits will come into force on 27th October 2011
The Road Traffic Act 2011 will reduce the limit from 80mg to 50mg and mandatory breath testing is also being introduced for drivers involved in serious accidents.
The new laws will mean a driver with a reading of between 50mg and 80mg will not be banned from driving but will receive three penalty points on their licence for a three-year period. However, drivers who break the current 80mg limit get an automatic driving ban of at least one year.
Foreign drivers will also be liable for penalty points and there will be tougher drink- driving laws for those who drive professionally, such as taxi drivers and truckers. They will be subjected to an even lower drink-driving limit of 20mg.
Learner drivers during the first two years of their first licence will also be subject to the lower limits. If they are caught driving with a level between 20mg and 80mg, these drivers will face a three-month driving ban and a €200 fine.
| Driver type |
Concentration of alcohol |
Fine |
Additional penalty |
| Experienced drivers |
(a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath |
€200 |
3 penalty points |
| Experienced drivers |
(a) Exceeding 80mg but not exceeding 100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding 135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath |
€400 |
6 months disqualification |
| Other drivers |
(a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath |
€200 |
3 months disqualification |
If you have to go to court the disqualification periods for drink driving convictions are as follows:
| Concentration of alcohol |
First offence (period of disqualification) |
Second offence (period of disqualification) |
| (a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath |
6 months |
1 year |
| (a) Exceeding 80mg but not exceeding 100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding 135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath |
1 year |
2 years |
| (a) Exceeding 100mg but not exceeding 150mg of alcohol per 100ml of blood
(b) Exceeding 135mg but not exceeding 200mg of alcohol per 100ml of urine
(c) Exceeding 44mcg but not exceeding 66mcg of alcohol per 100ml of breath |
2 years |
4 years |
| (a) Exceeding 150mg of alcohol per 100ml of blood
(b) Exceeding 200mg of alcohol per 100ml of urine
(c) Exceeding 66mcg of alcohol per 100ml of breath |
3 years |
6 years |
Employers Responsibility
Under the Safety, Health & Welfare at Work Act 2005 employers are responsible for the safety of their employees whilst at work. The definition of ‘place of work’ also includes a vehicle. Employers therefore have a responsibility to ensure the safety of employees who drive as part of their work. In light of the new drink driving limits being reduced to 20mg which apply to professional drivers such as taxi and HGV drivers, employers are being warned to be alert to this significant change in legislation.
A driving policy is the first steps towards meeting the company’s health and safety obligations. A policy will not only focus the company’s mind on its obligations, but also provide an opportunity to clearly inform drivers of their responsibilities. Any company that has employees who drive as part of their work should have a driver policy. It does not matter whether employees drive regularly or occasionally. Even if employees use their own vehicle for work purposes it is still important to clearly record each party’s responsibilities.
Employers are legally required to identify, isolate, eliminate or minimise hazards in the workplace and this duty also extends to driving for work. The Driving Policy should include matters relating to safety, such as mobile phone use, alcohol and drugs, compliance with the ‘Rules of the Road’ and rest breaks. Another regular practice which employers would be advised to carry out would be periodic driving license checks, where they physically check licenses for points or validity
Employers should also identify within the policy behaviour which will be considered to be misconduct or gross misconduct and which are like to result in disciplinary action against the employee, such as:
Non compliance with driving policy
Failing to notify employers of change in driving licence status
Conviction of a traffic offence.
Driving under the influence of alcohol or drugs
If you would like further advice on this subject or information on any aspect of this article do not hesitate to call our 24 Hour Advice Service on 01 855 50 50.
