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Writer's picturePatrick Horan

What is the penalty for drug driving?

Updated: May 12, 2022



Disqualification, if you are convicted.

Jail?

Unlikely, although it is a possibility.

Context is important here, so I’ll explain what I mean.



The reason why these harsh penalties exist
is to take account of people who have been
convicted of drink or drug driving
for a second or third time.

Drug driving, like drink driving, carries a potential sentence of imprisonment.

That’s ‘potential’.

The maximum penalty for drug driving (if you’re convicted) is a 12-month disqualification from driving as well as a fine of €5,000 and jail sentence of 6 months.

These are all potentials. They are the maximum.


But the vast majority of Judges in this country would never impose penalties as vast as these for first-time offenders.

The reason why these harsh penalties exist is to take account of people who have been convicted of drink or drug driving for a second or third time.

They’re also there to take account of circumstances where injury to a person or damage to property has occurred.


But for first-time offenders, fines of between €400-800 are the norm, but not jail.

But whether it is your first, second or third time being convicted of drink or drug driving, a disqualification from driving is mandatory i.e. it must be imposed by the Judge.


Can you go to jail for drug driving?

Yes, but the threat of jail is really only there for repeat offenders.

And no matter what the penalty imposed by a Judge, you can always appeal it on the spot.




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