Drivers caught with a blood alcohol content of between 80mg and 100mg per 100ml of blood will be given the opportunity of paying a fine and relinquishing their licence for six months as an alternative to going to court.
The option is one of the measures included in the new Road Traffic Bill which was agreed by Cabinet today. The Minister for Transport Martin Cullen said he hoped the Bill would come into force before the summer.
Outlining details of the bill this afternoon Mr Cullen said the "court alternative" was designed to free up court and garda time. Motorists charged with drink driving who opt not to accept the fine with 28 days will go to court where they will face a stiffer fine on conviction. This measure is only open to drivers on their first offence.
The period for which a driver on their second offence or challenging a drink driving charge can lose their licence has also increased from between 3 months to 4 years to between one and 6 years.
Mr Cullen said he had opted to give discretion as regards sentencing rather a single, severe fixed penalty. However, the Minister said he was willing to listen to submissions on this point and would if needs be review it.
The maximum fine for a drink driving conviction has also been increased from Eur2,500 to Eur4,000.
Along with the stiffer penalties will be new powers for An Garda to begin mandatory alcohol testing. Mr Cullen said this would not be restricted to certain hours and would remove the need for gardai to form an opinion which has caused difficulties in court.
Mr Cullen said the new legislation was tough but necessary.
"Combined with increased garda enforcement, these new measures will help us to stamp out irresponsible and dangerous driving and in doing so, save lives.
"The Road Safety Bill is tough, sensible but is necessary. Tough because reckless drivers that put lives at risk will face stiffer penalties. Sensible because it frees up court and garda time as well as paving the way for reform of the licensing regime. Necessary because of the tragic loss of lives on our roads," he said.
Under the bill the disqualification for hit-and-run offences and dangerous driving will be doubled to four years for a first offence, and the period for insurance offences will be increased to two years.