Drink Driving Laws in Ireland
If you have been accused of a drink driving related offence, then we will be able to advise you of the options that available to you. The fundamental proof that the Gardai will rely upon in a prosecution against you will be your blood, breath or urine alcohol level at the time the sample is given in the Garda station, the factors that influence the level of alcohol in your system are;
- Type and amount of drink.
- gender.
- weight.
- an individual's physical make-up.
- individual drinking habits.
- whether food has been eaten.
If you are found guilty of Drunk Driving the disqualification period that you will face will depend on the reading from the sample as given at the Garda Station, the disqualification periods are as follows as per Section 49(2,3,4)Drunk Driving and Section 50(2,3,4) of the Road Traffic Act;
OFFENCE | Minimum Period |
| 1st Offence | 2nd Offence |
Blood alcohol level per 100 ml of blood |
Exceeding 81 mg but not exceeding 100 mg | 1 Year | 2 Years |
Exceeding 101 mg but not exceeding 150 mg | 2 Years | 4 Years |
Exceeding 151 mg or over | 3 Years | 6 Years |
Refusal offences | 4 Years | 6 Years |
| | |
Breath Alcohol Concentration |
Exceeding 35 mg but not exceeding 44 mg | 1 Year | 2 Years |
Exceeding 45 mg but not exceeding 66 mg | 2 Years | 4 Years |
Exceeding 67 mg or over | 3 Years | 6 Years |
Refusal offences | 4 Years | 6 Years |
| | |
Urine Alcohol Concentration |
Exceeding 107 but not exceeding 135mg | 1 Year | 2 Years |
Exceeding 136 but not exceeding 200mg | 2 Years | 4 Years |
Exceeding 201 or over | 3 Years | 6 Years |
Refusal offences | 4 Years | 6 Years |
Fine
The maximum fine one may receive upon conviction is €2,500 as per Section 49(6)(a) of the Road Traffic Act 1994.
Commencement of Proceedings
The prosecution of a Drunk Driving Offence commences in the District Court, we would suggest that once you have received a Charge Sheet or a Summons for an offence that you contact the office immediately to arrange a consultation with a Solicitor.
Early Restoration.
If you have been Disqualified you may apply to the District Court for an early restoration of your licence, one may only apply where they have received a Disqualification that is more that 2 years. The District Court may hear an application for an early restoration after one has served ½ of their disqualification period and the Court may order the restoration of the licence after one has completed 2/3rd’s of the Disqualification period. The Professional fee for an early restoration application is €910 plus Vat @ 21% - Total €1,101.00
