Gardaí will continue to use the intoxiliser on a day-to-day basis as part of their campaign against drink-driving, the Garda Commissioner, Mr Pat Byrne, said yesterday.
However, they may seek adjournments of cases in the courts until questions about the use of the device are clarified after this week's Supreme Court ruling.
On Wednesday the procedure for using the new breathalysing device, which involves a 20-minute period of detention/ observation of the person suspected of drink-driving, was found illegal.
Mr Byrne was speaking to journalists following a graduation ceremony in Templemore Garda College yesterday.
He said the impact of the judgment would be examined by the Garda Síochána, as well as the legislators and the Medical Bureau for Road Safety.
"If there is a variance between the guidelines of the Garda Síochána and the law it will be addressed. The next 24 to 48 hours will tell a lot about the outcome in relation to the operational procedures.
"In the meantime people will still be arrested and processed. If it is necessary to adjourn cases we will. We may have to."
Also speaking at the graduation, the Minister of State at the Department of Justice, Equality and Law Reform, Mr Brian Lenihan, stressed the importance of more community-based sanctions for dealing with juvenile justice.
"We need something between the juvenile diversion scheme and custody," he told journalists. "There is a need for something for recurring offenders, like the mentoring programme already in place for teenagers through the education system."
This involved a specific mentor taking responsibility for the young offender, and directing him into sports and other activities, away from offending behaviour.
"We also need to ensure that the existing places for young offenders are fully utilised," he said. The use of custodial centres was being reviewed at the moment, he said. The Children's Act would be fully implemented, he stressed.
He also said that there was a need for an increase in specific deterrents in tackling the issue of alcohol abuse. One example of such a deterrent could be charges for those who ended up in Accident and Emergency units through self-induced intoxication, and who could afford to pay.
Drink advertising also needed to be tackled, along with the sponsorship of sporting events by the drinks industry. "There will be legislation if there is no co-operation from the industry. This is much more important than education," he said.
A suggestion from the Minister for Justice, Mr McDowell, that licensing hours should be put in the hands of the local authorities, should be discussed, he said. He acknowledged that it could lead to certain areas having a concentration of premises with late opening, but pointed out that there were a number of suburban areas where there would probably be much more restrictive hours.
"It has been put out there for discussion," he said. "As a matter of general policy the Government is very concerned about the alcohol issue."
He told graduates that they should be proud of the record of the Garda, especially overseas serving with the United Nations.
A total of 117 new gardaí, 39 women and 78 men were presented with their certificates yesterday, of whom 73 will be allocated to the greater Dublin area, and 44 to provincial areas.
The Commissioner's medal, for outstanding success in academic subjects, was awarded to Garda Siobhan Keating from Clonroche, Co Wexford. The Gary Sheehan Memorial Medal, awarded to the best all-round student, went to Garda Aidan Kearney from Dungannon, Co Tyrone, and the Templemore Urban District Council Medal, for achievement in social science studies, went to Garda Gerard Fahy from Barbersfort, Tuam, Co Galway.