Being caught drink driving in Ireland is a stressful experience, but understanding the process can help ease your concerns and prepare you for what comes next.
In this article, we’ll answer common questions like, "What happens if you get caught drink driving in Ireland?", "Caught drink driving – what happens next?", and explore “what percentage of drink driving offences are dismissed in Ireland?”
Here’s everything you need to know, step by step.
"You have the right to contact a solicitor before providing an evidential sample or answering questions.
The right -in a drink driving arrest- is not absolute.
The Gardai do not have to wait for your lawyer to either answer your call or arrive to the station.
They will proceed regardless"
Understanding Drink Driving Laws in Ireland
Ireland has strict drink driving laws.
The legal blood alcohol concentration (BAC) limit for drivers varies:
50mgs per 100ml of blood for most drivers.
20mgs for learner drivers, novice drivers, and professional drivers.
In the UK the BAC level is 80mgs, so Ireland is considerably lower.
Latest reports have indicated that this level may be reduced further from 50mgs to 20mgs.
Step 1: The Moment You’re Stopped
If a Garda suspects you of drink driving, they will stop your vehicle and may request a roadside breath test. This happens if:
You’ve been involved in an accident.
You’ve committed a driving offence.
You’re at a mandatory checkpoint.
Failing or refusing the roadside test typically leads to your arrest.
That’s guaranteed.
And no, they don’t have to give you a breath test before they can legally arrest you. In many cases its pretty obvious from both the overpowering smell of alcohol and the slurring of words, that the person may be intoxicated.
The roadside breath device is used to detect the presence of alcohol in your breath.
That’s it.
It doesn’t tell the Garda whether you’re over the limit or not.
The breath, blood or urine test back in the station will decide that.
Step 2: Arrest and Transport to the Garda Station
Once arrested, Gardaí will take you to the nearest station for further testing.
During the transport it’s important to stay calm and comply with instructions.
And whatever else you do, just behave yourself.
This might sound obvious to you, but you’d be surprised by how many people become verbally abusive (or worse) after they’ve been arrested.
Alcohol, as we all know, doesn’t suit everybody.
At the station you’ll be introduced to someone called the Member-in-Charge.
This officer is responsible for your welfare during the period that you are there.
They will advise you of your rights and make sure that you understand why you’ve been arrested.
Step 3: Evidential Testing
At the Garda station, you’ll undergo an evidential test to measure your BAC. This could be:
A breath test using a calibrated device.
A blood or urine sample, analysed in a laboratory.
Or (potentially) both.
The blood or urine avenue will involve a doctor or nurse being called.
You will be given a choice of providing either blood or urine.
Some people choose urine as they have a fear of needles.
If you do choose urine you’ll be given a plastic, Pyrex-like jug, and taken to a toilet cubicle. But remember, giving urine means you will be observed by a Garda in the toilet cubicle.
This is to ensure that you don’t try to dilute your urine specimen with water.
Yes, some people have tried this in the past.
Of the 5,464 specimens taken in 2023, 17% were urine and 83% were blood.
If I had a choice I would choose blood.
I won’t go into my reasons for that here, but tactically it makes most sense.
You absolutely must not refuse to provide a sample. If you do, you’ll be charged with failing to give a specimen and if convicted you’ll be disqualified from driving for 4 years.
Even if you were 5 times over the limit you’d still only be disqualified from driving for 3 years. But if you don’t give a specimen and you’re convicted, you’ll get 4 years off the road.
Also, judges don’t like it when people refuse to give a specimen.
The law requires you to do it, so you must do it.
If you don’t, you come across as inherently uncooperative and whatever sympathy the court may have had for you often just drains away.
Step 4: Consultation with a Solicitor
You have the right to contact a solicitor before providing an evidential sample or answering questions.
The right -in a drink driving arrest- is not absolute.
What I mean by this is that the Gardai do not have to wait for your lawyer to either answer your call to consult with you or arrive to the station.
They will proceed regardless.
In truth, whatever about answering calls from people arrested for drink driving, I have never heard a of a lawyer visiting a Garda Station to advise someone arrested for that offence.
After all, what would you tell them?
I’ll explain.
Sometimes people get it into their head that they will not provide a specimen until they have spoken to a lawyer.
Or they won’t provide a specimen until their lawyer arrives to the station.
This is crazy as the Gardai are not required to wait until they have gotten through to your lawyer on the phone, even assuming you have one (most people don’t).
And they certainly will not wait for the arrival of your lawyer if they even decide to travel to the station.
Think about it, if you insist on speaking to your lawyer, they’ll ask you who your lawyer is.
You probably don’t have one so then they’ll provide a list of lawyers in the area that you can ring.
Then it’s up to you to nominate one. Good luck getting through to them at 2a.m.
Let’s assume that they do manage to patch you through on the phone to your lawyer.
Now what?
I mean the law requires you to provide a specimen.
Your lawyer could not advise you not to provide a specimen.
If they did, they would effectively be advising you to break the law, and they can’t do that.
So, every lawyer will tell you to cooperate and provide a specimen.
You have to understand that of the 5,464 specimens of blood and urine taken in 2023, almost 2,700 were taken between the hours of 10pm and 6am.
Hardly surprising but most solicitors are probably snoring their heads off during those hours and they’re certainly not keeping their phone on in the hopes of receiving a (no disrespect to the State here) pointless call from a Garda Station from a person arrested for drink driving looking to speak to a lawyer.
So, cooperate.
Step 5: Charge or Release
Based on the test results, Gardaí will decide whether to charge you or not.
If you’ve given a breath specimen the result will be known immediately.
You may now be charged with drink driving. If charged for court, you’ll receive:
A charge outlining the allegation of drink driving.
A copy of your breath test result.
A bail form (known as a ‘Recognisance’) telling you the location, date and time of your court appearance. You will have signed this form.
Try not to lose the documents.
Sometimes people get so drunk that they throw these documents away or later try to convince their lawyer they never got them in the first place.
They did; they were probably just too drunk to remember.
If further investigation is required (e.g., analysis of a blood/urine sample), you will be released pending results. This is because the blood or urine specimens have to be sent to the State laboratory, and the results won’t be known for about 7-10 days.
What Happens Next?
Being charged is not the end of the story. Many people wonder, "What percentage of drink driving offences are dismissed in Ireland?" While statistics vary, procedural errors and lack of evidence can result in cases being dismissed.
Currently the acquittal rate is about 37%.
That means one third of people who were over the limit were acquitted.
This highlights the importance of consulting a solicitor to review your case thoroughly.
It also highlights something even more important: writing down with great detail, exactly what was said and done during your time under arrest.
This is so important for your lawyer.
Actionable Insights for Moving Forward
Contact a Specialist Solicitor Immediately: Drink driving cases are complex, and expert legal advice can make a significant difference.
Document Everything: Write down the details of your arrest and testing process to help your solicitor identify any issues.
Stay Informed: Try to spend as much time as you can researching this area so that you can get a sense for what is relevant and important. For instance, on this website alone there are more than 160 articles related to every facet of drink driving. Read them.
"Many people wonder, "What percentage of drink driving
offences are dismissed in Ireland?"
While statistics vary, procedural errors and lack of
evidence can result in cases being dismissed.
Currently the acquittal rate is about 37%.
That means one third of people who were over the limit were acquitted"
Conclusion (Part 1)
Being caught drink driving in Ireland is serious, but it doesn’t mean your case is hopeless. By understanding the process and seeking expert legal advice, you can navigate the situation with some degree of confidence. Remember, many drink driving cases are successfully contested, often due to procedural errors or insufficient evidence.
Conclusion (Part 2)
Having an initial and early consultation with a lawyer is extremely important, especially while the events are fresh in your memory.
I realise that remembering precisely what happened is hard where alcohol is involved, but you must try for your own sake.
The benefit of a very early consultation is that your lawyer will know what things are relevant from the process, even if you do not.
They will probe the account that you give to see whether all the legal requirements of both a valid arrest and valid detention have been met.
I cannot remember how many cases there have been where a defence point was discovered instantly during an initial Extensive Phone Consultation that I had with a client.
In nearly all cases the point that proved crucial was something that seemed to be quite minor or even totally irrelevant to the client.
And it was discovered early on.
So, start writing.
Comments