New powers of detection granted to gardai in their campaign against drink driving have had little or no effect on the number of arrests during the Christmas Anti Drink Driving campaign.
From December 1st gardai had the power to demand a breath test from any motorist who has committed a traffic offence without first having to form an opinion they are drunk. But, despite the extra garda resources and the six-week operation launched over the Christmas season, there has been no drop in the figures compared to last year: 1,500 drivers were arrested last year and a similar number over this year's campaign.
However, it may be too early to write off this year's campaign as a failure. Brian Farrell of the National Safety Council argues that it's possible, because of increased powers of detection, gardai have been able to arrest drink drivers who might otherwise have escaped the net.
"It's too early to say but it's possible that the advertising campaigns and media coverage surrounding drink driving succeeded in deterring would be drink drivers," he says.
"The numbers detected for drink driving may be similar to recent years, but there could be a different rational behind the statistics. It's still too early to infer a trend or to say whether or not the new laws have been successful in taking drink drivers off the road."
Whatever the reason, drink driving remains a predominantly male problem with most of those detected falling into one of two groups - young men aged between 17 and 35 and middle-aged men.
Further initiatives by the Minister for Transport to detect and deter drink driving are to be rolled out as the year progresses. Among the powers to be given to the gardai are full random breath testing, where gardai will be able to breathalyse drivers at random. The minister wants to see the level of breath testing increased to half a million drivers a year by the end of 2004.
Proposals are also being examined to fast-track drink driving cases in a bid to free up court time, with drivers who chose to take their case to court facing tougher penalties if found guilty.
Seamus Brennan is also considering doubling to 12 months the sentence for drivers who continue to drive while banned for a drink driving offence.
Gertie Shields of the Mothers Against Drink Driving (MADD) organisation questions why the random breath testing isn't already in place. She has been lobbying for stricter enforcement of the drink-driving laws since her daughter Paula was killed by a drunk driver in 1983.
"The Transport Minister's initiatives are very welcome," she says, "but I can't understand why more people are being allowed to die unnecessarily. Why is random breath testing not in place now? I appreciate that the legal aspects must be put in place but, while individuals have rights, the primary right is the right to life."
A pilot scheme urging people to report aggressive or careless driving, or drivers suspected of being over the limit, is due to be extended nationwide in the coming months.
Traffic Watch, which has been running in counties Kilkenny, Wexford, Waterford, Wickow and Tipperary for the past two years, has seen over 8,000 calls to a special hotline and has resulted in over 500 cautions and 30 prosecutions. Among the offences reported to the lo-call number were drink driving, speeding, overtaking and throwing litter from a vehicle.
Although the scheme is not yet nationwide, a garda spokesperson said calls to 1890 205 805 from outside the areas taking part in the scheme would be dealt with.
With alcohol estimated to be associated with at least 30 per cent of all Irish road accidents and 40 per cent of all fatal accidents, the Government will be watching with interest the outcome of a landmark drink driving court ruling in France.
In a decision that could transform French law on drink driving, a court in Nancy has lodged criminal charges against a couple for allowing a guest to leave their home in a drunken state. Frederic Colin drove his car the wrong way down the A31 motorway between Metz and Nancy, colliding head-on with the car of a young family on their way to a winter skiing holiday in the French Alps killing all occupants of both cars.
His hosts have been charged with "non-prevention of a crime or misdemeanour that causes bodily harm". If convicted, they could be sentenced to up to five years in prison and fined up to €75,000.
The prospects of a similar case in Ireland are slim, according to UCC law lecturer and co-editor of Alcohol, Society and the Law Shane Kilcummins. "In Ireland at present, while there are laws governing the sale of alcohol, they pertain to publicans. These laws do not extend to the public. The law at present imposes responsibility on the individuals doing the drinking. If you drink drive you are the one who bears the responsibility."