Some of the most popular questions answered.
After being arrested for drink driving in Ireland, the Gardaí will conduct further testing at the station. This could involve breath, blood, or urine samples, which must be collected under strict legal procedures.
The Gardai are the ones who decide whether you’ll be required to provide breath.
They are also the ones who decide whether you’ll be required to let a doctor/nurse take a specimen of blood or whether you can provide urine.
In other words, you don’t get a choice; they determine the route.
The arrest is the first step in a legal process that may include a court appearance, depending on the results from the breath, blood or urine test.
If you give breath, you’ll know right away whether you’re over the limit: the machine analyses your breath specimen and prints a receipt.
Blood or urine specimens take a lot longer as they have to be sent to the State laboratory (Medical Bureau of Road Safety) for analysis.
But even then, you’ll typically know within 10-14 days. The Bureau is very fast.
How will you know the result?
The Bureau will write to you with details of the analysis.
Learn more:
“Will I lose my licence immediately after a drink driving charge?”
No, disqualification doesn’t happen immediately, if it happens at all.
A drink driving trial can typically take from between 6 weeks to 12 months after you’ve been arrested to take place, depending on where you are in the country.
This is due to the volume of cases in courts.
Once you have valid insurance you can drive until a court disqualifies you from driving. Naturally if you win your case the prosecution against you will be struck out.
In the unfortunate event that you lose:
• the disqualification begins 14 days after conviction, unless you appeal.
• if you do appeal the case is re-heard by a different judge in the Circuit Appeal Court.
If you’re a learner or novice driver, stricter limits drink driving limits apply.
Learn more from Citizens Information website:
“What are the penalties for drink driving in Ireland?”
Penalties depend on your breath, urine or blood alcohol concentration (BAC) and whether it’s a first or repeat offence.
Focusing on blood:
• BAC 51-80mg: Fixed penalty of €200 and 6 month disqualification for first-time offenders.
• BAC over 80mg: Mandatory disqualification of 1 year.
This rises to 2 years if your BAC exceeds 101mgs and 3 years if it exceeds 150mgs.
For a breakdown of disqualifications by BAC level, see:
“Can I avoid a conviction for drink driving?”
Yes, it may be possible to avoid a conviction if:
Procedural errors occurred
Legal errors occurred.
There are over 700 historic cases related to drink driving and familiarity with the main ones is vital.
Many contain vital judgements on different elements of a drink driving case.
Lawyers are not all the same.
Don’t ask me questions about family law or conveyancing, as I do not have the answers.
I can point you in the direction of a trusted lawyer who can help you here, but it is not me.
Same applies to drink driving.
These cases are often extremely technical, and, in many cases, the technical or procedural defence point is known only by lawyers who practice exclusively in the area of road traffic defence.
“What are the long-term effects of a drink driving conviction?”
A conviction can result in:
A criminal record
Increased insurance premiums, which may last for 5+ years.
Possible reputational issues.
Conclusion
Navigating a drink driving charge is daunting, but understanding your options and the legal process can make a significant difference.
Whether you need help challenging evidence, or appealing a conviction, expert legal advice is essential.
Remember, while you might think all lawyers are the same, they’re not.
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