Róisín Shortall (Dublin North West, Labour)
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Question 232: To ask the Minister for Justice, Equality and Law Reform further to a parliamentary question of 9 November 2005, if his attention has been drawn to the overall significant reduction in Garda breath testing for drink driving in 2004 compared with 2002; and the reason for same. [36237/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The information provided in the parliamentary question of 9 November 2005 refers to breath tests taken at Garda stations using an intoxilyser. These tests are taken after an arrest for drink-related driving has been made. The decision as to whether a breath test using an intoxilyser or whether a blood or urine sample is required is a matter of discretion for the arresting Garda. This is established under section 13 of the Road Traffic Act 1994.

The Deputy will be aware of a constitutional challenge to the Road Traffic Act 1994 in 2004, where it was asserted the legislation underpinning evidential breath testing was unconstitutional. The High Court ruled that the system does not infringe constitutional rights. To date all challenges to the legislation underpinning evidential breath testing heard in the High Court and Supreme Court have been unsuccessful.

I am informed by the Garda authorities that the overall arrest rate for drink driving is continuing to rise. In the period 1 January to 18 November 2005, there have been 11,110 recorded incidents of driving while intoxicated, including intoxicated while in charge of a vehicle, an increase of 15% over the same period last year.