The results of committing a driving office in Ireland can lead to paying a fine, receiving penalty points, disqualification from driving and/or imprisonment. In addition, the costs of insurance premiums for the offender are likely to increase significantly.
Under the Road Traffic Act 2010 new drink driving laws have being implemented as of the 28th of October 2011.
It is always recommended that you would contact your Solicitor if you are being prosecuted for an offence in order to be fully advised of the options available to you to have the mater dealt with.
Different penalties apply for different classes of drivers, there are 2 classes of drivers; Full valid licence holder and the second class is other specified persons;
If at the time of driving your alcohol level is within the limits as set out below, you will be issued with a fixed penalty notice. If you comply with the fixed penalty notice and pay the fine on the notice within 28 days, the additional penalty stated on the notice will be imposed but you will not have to go to court. If you have received a fixed penalty notice within the previous 3 years you are not eligible for a drink driving fixed penalty notice.
Blood alcohol level per 100ml | Fine | Additional Penalty |
Exceeding 50mg but not exceeding 80mg | €200 | 3 penalty points |
Exceeding 80mg but not exceeding 100mg | €400 | 6 months Disqualification |
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Breath alcohol level per 100mcg | Fine | Additional Penalty |
Exceeding 22mcg but not exceeding 35mcg | €200 | 3 penalty points |
Exceeding 35mcg but not exceeding 44mcg | €400 | 6 months disqualification |
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Urine alcohol concentration per 100 ml | Fine | Additional Penalty |
Exceeding 67mg but not exceeding 107mg | €200 | 3 penalty points |
Exceeding 107mg but not exceeding 135mg | €400 | 6 months disqualification |
The holder of a learner permit or holder of a licence for a period not exceeding 2 years from its date of issue or drivers of tractors, drivers with trailers, professional drivers such as Taxi Drivers, Truck Drivers. Such offenders may accept the following penalty without going to Court.
Blood alcohol level per 100 ml | Fine | Additional Penalty |
Exceeding 20ml but not exceeding 80ml | €200 | 3 month Disqualification |
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Breath alcohol level per 100mcg | Fine | Additional Penalty |
Exceeding 9mcg but not exceeding 35mcg | €200 | 3 month Disqualification |
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Urine alcohol level | Fine | Additional Penalty |
Exceeding 27mg but not exceeding 107mg | €200 | 3 month Disqualification |
If you wish to contest the penalty as set out above the option available to you is to contest the matter in Court. Different penalties apply for contesting the matter in Court;
OFFENCE | Minimum Period | |
| 1st Offence | 2nd Offence |
Blood alcohol level per 100 ml of blood | ||
Exceeding 50mg but not exceeding 80mg | 6 months | 1 Year |
Exceeding 80 mg but not exceeding 100 mg | 1 Year | 2 Years |
Exceeding 100 mg but not exceeding 150 mg | 2 Years | 4 Years |
Exceeding 150 mg or over | 3 Years | 6 Years |
Refusal offences | 4 Years | 6 Years |
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Breath Alcohol Concentration | ||
Exceeding 22mcg but not exceeding 35mcg | 6 months | 1 Year |
Exceeding 35 mcg but not exceeding 44 mcg | 1 Year | 2 Years |
Exceeding 45 mcg but not exceeding 66 mcg | 2 Years | 4 Years |
Exceeding 67 mcg or over | 3 Years | 6 Years |
Refusal offences | 4 Years | 6 Years |
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Urine Alcohol Concentration | ||
Exceeding 67mg but not exceeding 107mg | 6 months | 1 year |
Exceeding 107mg but not exceeding 135mg | 1 Year | 2 Years |
Exceeding 136mg but not exceeding 200mg | 2 Years | 4 Years |
Exceeding 201mg or over | 3 Years | 6 Years |
The maximum fine one may receive upon conviction is €5,000.00 as per the road traffic act 2006.
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.
To review evidence on receipt from Gardai and to send evidence, for advice and opinion on defence to Barrister. To advise you in light of all evidence from Gardai.
To attend court on hearing date, to defend charge, to cross examine Gardai on evidence, make submission to judge. (deal with extenuating circumstances in respect of fine if necessary).
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.
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
Disclaimer
You should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Paul W. Tracey Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors.
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.