Olivia Mitchell (Dublin South, Fine Gael)
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Question 234: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if it is intended that the processing of fixed penalty notices for mandatory alcohol testing will be outsourced; when this will happen; and if he will make a statement on the matter. [4786/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that persons who fail mandatory alcohol testing (MAT) do not receive fixed charge notices and therefore, the outsourcing of fixed charge notices does not arise at present. Under section 4 of the Road Traffic Act, 2006 a person stopped at a MAT checkpoint is required to provide a preliminary breath test. A person who fails or refuses to comply with a MAT may be prosecuted and is liable on summary conviction to a fine of up to €5,000 and/or imprisonment for up to six months.

Under long standing legislation, if a Garda as a result of the test forms the opinion at the roadside that a person has consumed an intoxicant then he/she can arrest that person and bring the person back to a Garda station for the purpose of administering an evidential test. The penalty for refusal to provide an evidential test is a fine of up to €5,000 and/or imprisonment for up to 6 months. If a person is charged with the offence of drink driving under road traffic legislation, the case proceeds to the courts and is dealt with under the courts system in the normal manner.