The DPP will decide in the next weeks whether the Circuit Court judge acquitted on charges of possessing child pornography is to face a charge of driving with excess alcohol, following his arrest in his home town of Tralee, Co Kerry late on Saturday night.
Judge Brian Curtin was stopped at the Ashe Street Roundabout, in the centre of Tralee, at 11.25 p.m. when his driving attracted the attention of a garda.
Judge Curtin accompanied gardaí to Tralee Garda station shortly before 11.30 p.m. He was arrested on suspicion of drink driving under Section 49 of the Road Traffic Act.
He gave a urine sample and was released an hour later.
The sample is being sent for analysis and a file is being forwarded to the DPP. Results of the urine analysis test are usually available within ten days.
Yesterday the Minister for Justice, Mr McDowell, said what occurred this weekend had nothing to do with the Government's position on Judge Curtin, which had been set out in correspondence with him and on which it was up to him to respond.
"This is far more grave than the question of drunk-driving," said Mr McDowell.
Judge Curtin pleaded not guilty to the possession of child pornography on May 27th, 2002.
Last month he was acquitted by a jury on the direction of Judge Carroll Moran after the warrant to search his home and confiscate his computer and other material was found to be out of date.
The Government has requested an explanation from Judge Curtin about the circumstances leading to his being charged with possessing child pornography.
He was to have furnished this information last Tuesday but his legal team asked for and received a two-week extension.
He is expected to vigorously defend himself against attempts to remove him from office.
Appointed to the bench in the autumn of 2001, he has not worked as a judge since he was charged with possession of child pornography.
The judge and his representatives have made a number of complaints to the Garda about alleged harassment by members of the public and the media.