In addition to his pension, James Fitzgerald will receive a lump sum of around 135,000.

As a superintendent who has over 30 years' service and is aged over 50, Fitzgerald is entitled to retire early with his full pension rights.

His salary is around 90,000 and his pension is half that figure.

The garda commissioner is likely to accept Fitzgerald's application for early retirement and he is legally entitled to leave the force because drink driving is a summary offence.

Had he been facing an indictable charge he would not be allowed to retire early.

Fifty-four-year-old Fitzgerald was arrested last Thursday after a member of the public reported him for erratic driving outside a service station at Craughwell on the main Dublin-Galway road.

A young uniformed garda arrested him on suspicion of drink driving and he was taken to Loughrea garda station in Galway.

He is alleged to have refused to complete the breathaliser process and was subsequently released without charge. A file on his case will be sent to the DPP.

When contacted by the Sunday Tribune yesterday, the superintendent declined to comment.

James Fitzgerald has had a controversial garda career and came to public note two years ago when he went to the High Court to block his transfer from Nenagh to garda headquarters. An anonymous complaint had been made alleging the garda was regularly drunk in Nenagh and owed money to a number of individuals. He strongly denied these accusations.

An investigation by a garda assistant commissioner found that the complaint had merit and superintendent Fitzgerald was invited to resign but declined.

Fitzgerald was moved to an office job at garda HQ a year ago and requested a transfer to Galway as a traffic superintendent. He moved only three weeks ago.

The chairman of the Road Safety Authority Gay Byrne said the superintendent's arrest was "extremely embarrassing" for the garda traffic corps.