Mayo motorist (23) who claimed he made six attempts to give a breath test gets three-year ban

A man who claimed he made six attempts to give a breath sample failed in a bid to get a drink driving charge dismissed.

Anthony McHale, aged 23, of Atlantic View, Shore Road, Belmullet, contested the case when he appeared before Judge Sandra Murphy at a sitting of Belmullet District Court.

Garda Padraig Naughton told the court he was on duty in Binghamstown on October 18, 2025, when he saw a car being driven erratically.

When the car came to a stop, the garda detected a smell of alcohol from the driver, Anthony McHale, who failed a roadside breath test.

He was arrested on suspicion of drink driving and taken to the local garda station where he provided a breath sample that returned a reading of 79mg of alcohol per 100ml of breath. The legal limit is 22mg.

Solicitor Samantha Geraghty said her client asserts that he had to make six attempts to provide a sample of breath.

She pointed to a five-minute gap between the first successful breath specimen and the second which was recorded on the Evidenzer machine print out.

Garda Naughton said he did not recall any failed attempts but stated one might have occurred given the five-minute gap.

However, he refuted the suggestion that there could have been six attempts.

Giving evidence, McHale said he made six attempts to blow into the machine. He said he is “not the fittest” and a heavy smoker and had to ask to sit down.

The 23-year-old told the court he had eight pints that night and Inspector Dermot Butler put it to McHale that his recollection of events could be ‘hazy’ as a result.

Ms. Geraghty called for the case to be dismissed on the basis that her client should instead have been charged with failure or refusal to provide a sample given the number of alleged failed attempts.

However, Judge Murphy said she was satisfied by the evidence of Garda Naughton.

The court heard that McHale has no previous convictions.

Judge Murphy imposed a three-year driving disqualification and a fine of €350.

* Funded under the Courts Reporting Scheme.