The Department of Transport has confirmed that a typographical error in recently introduced legislation on drink driver testing will be amended early next week.
The error means that drivers who refuse to give a breath sample at random check-points are unlikely to face successful prosecution for drink driving.
Drivers can however still be prosecuted for failing to take a breath test.
Barrister Justin McQuade said gardaí currently lacked the power to compel drivers to give a sample.
The Minister for Transport, Martin Cullen, is expected to bring emergency amending legislation before the Dáil next week to correct the error in the Road Traffic Act 2006.
A spokesperson said that when the department became aware of the error, it went to correct it immediately and notified the Attorney General.
