If you have been involved in a drunk driving potential offence*, it is important that you understand the legal implications below and take legal advice before taking any action or failing to take action.
*You may receive either a Fixed Charge Penalty Notice (FCPN) or a Court Summons. Below is a guide to penalties (ranging from minimum to maximum) as well as your legal defence options.
It is important that you get legal advice from a solicitor who has expertise in this field of law.
Book a Consultation with Michael Burns on 01 567 7343 OR use the contact form here
The Court Process
Generally, a drink driving case will involve at least 3 court appearances.
- On the first date, the Judge will order disclosure of evidence being relied upon by the Gárda.
- The Judge will also set a date not the next court appearance wherein you will either plead guilty or contest the charges.
- Once we receive the evidence we will examine same before advising you before the second court appearance.
- On the second date in Court, we will advise the judge that we will either contest the case or plead guilty depending on and according to your instructions. The judge will then fix the date for the third court date.
- On the third court date the case will be heard in full by the Judge.
37.74% of drink driving cases were dismissed between 2020-2023, per the Courts Service of Ireland data.
Road Safety Authority
Fixed Charge Penalty Notice (FCPN)
A Fixed Charge Penalty Notice (FCPN) is a way for eligible drivers to pay a fine and accept a shorter disqualification from driving. If your alcohol level is within certain limits, you may qualify for this alternative penalty, which can be a much less severe outcome than the typical court proceedings. This applies in very limited circumstances and is not an option once you have received a summons to appear in court
FCPN Eligibility
The key factor for eligibility is the alcohol level in your system. In Ireland, the legal limit for alcohol in your blood is 50mg. If your reading falls between 50mg and 80mg, you could qualify for an FCPN, which results in a €200 fine and a disqualification from driving for 3 to 6 months. This is a much shorter period than the 1 to 3-year disqualifications that can come from a court conviction.
Advantages of the FCPN Process
• A Faster Outcome
One of the biggest advantages of the FCPN is that it allows you to resolve the situation quickly. Unlike the court process, which can take months before you even get a summons, paying the FCPN means you’re off the road within weeks.
• No Further Prosecution
Once you’ve paid the fine and accepted the disqualification, there are no further legal proceedings. This means no additional stress or legal fees.
• A Clean Record
Perhaps the most significant advantage is that the FCPN route keeps your record clean. If you go to court and lose, you’ll be convicted of drink driving, which stays on your record permanently. But with an FCPN, assuming you meet the conditions, there is no conviction.
FCPN Eligibility Criteria
If your alcohol level exceeds the 80mg limit, you won’t qualify, and you’ll have to face the standard legal process, which can result in a much longer disqualification period.
If you are eligible, taking the FCPN route offers a significant advantage over the traditional court process. It’s a faster, less damaging option, and can save you from the long-term consequences of a drink-driving conviction.
The Fixed Penalty Notice offers a way for drivers to minimise the consequences of drink driving, as long as they meet the specific alcohol limits. If you qualify, it is definitely worth considering as it can spare you from a much harsher penalty.
Drink Driving Penalties in Ireland
If you are convicted for drink driving you will receive;
- monetary fine and
- a mandatory disqualification from driving.
A mandatory disqualification can range from 1 year upwards, depending on:
- the amount of alcohol in your system;
- what type/class of licence you hold; and
- your previous driving history.
If your full licence is expired, you’re subject to the same strict alcohol limits as learner and novice drivers (less than two year’s experience)
The maximum penalty for drink or drug driving is a €5000 fine and/or imprisonment for up to 6 months. All drink driving offences result in disqualification from driving for at least 3 months and can be for periods up to 6 years
Repeat offences or high alcohol readings will lead to harsher penalties.
Book a Consultation with Michael Burns on 01 567 7343 OR use the contact form here
Drink Driving Penalties: ‘Alternative’ Fixed Charge Penalty System
| Driver type | Concentration of alcohol | Fine | Additional penalty |
| Experienced drivers | a) 50+mg to 80mg of alcohol per 100ml of blood(b) 67+mg to 107mg of alcohol per 100ml of urine(c) 22+µg to 35µg of alcohol per 100ml of breath | €200 | 3 months disqualification(with effect from 26 October 2018) |
| Experienced drivers | (a) 80+mg to 100mg of alcohol per 100ml of blood(b) 107+mg to 135mg of alcohol per 100ml of urine(c) 35+µg to 44µg of alcohol per 100ml of breath | €400 | 6 months disqualification |
| Other drivers | (a) 21mg to 80mg of alcohol per 100ml of blood(b) 27+mg to 107mg of alcohol per 100ml of urine(c) 9+µg to 35µg of alcohol per 100ml of breath | €200 | 3 months disqualification |
Many cases can be defended – Get in touch Book a Consultation with Solicitor Michael Burns, an expert in drunk driving defence law here on 01 567 7343 OR use the contact form here
Drink Driving Penalties – Courts System
| Concentration of alcohol | First offence (period of disqualification) | Second offence (period of disqualification) |
| (a) 50+mg to 80mg of alcohol per 100ml of blood (b) 67+mg to 107mg of alcohol per 100ml of urine (c) 22+µg to 35µg of alcohol per 100ml of breath | 6 months | 1 year |
| a) 80+mg to 100mg of alcohol per 100ml of blood (b) 107+mg to 135mg of alcohol per 100ml of urine (c) 35+µg to 44µg of alcohol per 100ml of breath | 1 year | 2 years |
| (a) 100+mg to 150mg of alcohol per 100ml of blood(b) 135+mg to 200mg of alcohol per 100ml of urine(c) 44+µg to 66µg of alcohol per 100ml of breath | 2 years | 4 years |
| (a) Exceeding 150mg of alcohol per 100ml of blood (b) Exceeding 200mg of alcohol per 100ml of urine (c) Exceeding 66µg of alcohol per 100ml of breath | 3 years | 6 years |
Defending Drink Driving and Drug Driving Charges – for the Same Time Offence
This can involve a matrix of fines and convictions – so expert legal representation might at least help to mitigate the worst outcome for complex cases.
Key Legislative Updates
Recent Drink-Driving Legislation timelines:
• Road Traffic Act 2006 – Introduced random breath testing, allowing Gardaí to breathalyse any driver at a mandatory checkpoint without requiring prior suspicion of impairment.
• Road Traffic Act (No.2) 2011 – Made breath testing mandatory where Gardaí suspect alcohol consumption and at the scene of an injury-related crash.
• Road Traffic Act 2014 – Allowed for blood specimen testing on incapacitated drivers following a collision. A refusal to consent to the issuing of test results became an offence.
• Road Traffic Act 2016 – Granted Gardaí the power to conduct roadside drug testing, extending testing capabilities beyond alcohol.
• Road Traffic (Amendment) Act 2018 – Introduced a mandatory driving disqualification and a €200 fine for first-time offenders with a blood alcohol concentration (BAC) above 50 mg/100 ml. This removed previous leniency where some offenders only received penalty points.
• Road Traffic Act 2024 – Updated drug testing regulations
The Technicalities of Drink Driving Defence: Why Every Step Matters
When it comes to drink driving cases, the role of a skilled solicitor is crucial. They meticulously examine every detail of the case, ensuring that all procedural legal steps are followed correctly. An experienced solicitor can assess your case and advise on potential defences.
Each successful prosecution is built upon a series of steps that must be proven by the prosecution. Understanding these steps is key to knowing what needs to be demonstrated at each stage of the case.
Often referred to as ‘technicalities’ these steps are far from trivial.
They can make or break a case. If there is an error in any one of these steps, it could result in the case being dismissed, regardless of the evidence against the defendant.
A drink driving case may hinge on small, yet significant details, and what some may consider a technicality could be the difference between a conviction and a dismissal. The importance of these technicalities cannot be overstated. It is vital for both the defence and prosecution to carefully examine every aspect of the case to ensure that justice is served.
Defending a Drink Driving Charge – Key Legal Points
Defending a drink driving charge might seem daunting, but it’s not impossible with the right approach. Here’s what you need to know to build a strong defence.
The Importance of Court Testimony
When fighting a drink driving charge, the most important thing to remember is that it’s all about what happens in court. While your lawyer will review the case disclosure—police statements, medical documents, and postal service records—the judge only sees the evidence presented in court, not the disclosure. This means that even if the prosecution’s case appears strong on paper, mistakes or omissions in court testimony can be your key to success.
Understanding Legal Proofs
To defend your case, you must know what legal proofs the prosecution is required to establish in court. Your lawyer will carefully listen to the evidence presented to see if all the necessary proofs are addressed. However, not all of them may be. This is where an experienced lawyer’s expertise comes into play.
Witness Testimonies and Technicalities
Courtrooms are high-pressure environments, and witnesses sometimes make mistakes or forget crucial details. If essential evidence is omitted or inaccurately presented, it can be a significant advantage for your case. These “technicalities” can lead to your case being dismissed. Your solicitor is trained to spot these mistakes, ensuring that the prosecution’s case isn’t as solid as it may initially appear.
The Role of Your Solicitor
Your solicitor will thoroughly review the disclosures and charge sheet, identifying any gaps or procedural errors in the prosecution’s case. They will then use this information to build a defence strategy that highlights any weaknesses in the evidence, ultimately working to get the best possible outcome for you.
In summary, defending a drink driving charge requires a clear understanding of the legal requirements, careful listening to court testimonies, and an experienced lawyer who can spot and challenge technicalities that may lead to your case being dismissed.
Understanding the Serious Consequences of Drink Driving
Drink driving is a complex legal issue that involves multiple laws and regulations, often spanning decades of legislation. The main piece of legislation addressing intoxicated driving is the Road Traffic Act, 2010, but it has been amended several times and shaped by numerous court rulings, defining how intoxicated driving offences are prosecuted.
When it comes to drunken driving, a driver doesn’t need to prove their driving ability was unimpaired by alcohol. These are strict-liability offences.
As long as their alcohol concentration exceeds legal limits within three hours of their arrest, they are guilty of the offence. One of the most severe consequences of a drink driving conviction is a mandatory driving disqualification.
First Offence Defence
For a first offence, the disqualification period can range from one to three years. However, judges may impose a longer period based on the specifics of the case. While it’s possible to apply for the early removal of a disqualification, this cannot happen until at least half the period has passed, and the disqualification can’t be reduced to less than two years or two-thirds of the original period, whichever is greater.
These penalties highlight the serious impact a drink driving conviction can have, particularly if you rely on your vehicle for work or commuting. A disqualification can severely affect your ability to earn a living, making it a costly and life-changing offence if convicted.
For advice on cost and fees for contesting as drink driving matter > Many cases can be defended – Get in touch
Book a Consultation with Solicitor Michael Burns, an expert in drunk driving defence law here on 01 567 7343 OR use the contact form here
DRINK DRIVING FAQ’S
What happens if I fail a roadside breath test?
If you fail a roadside breath test, you will be arrested and brought to a Garda station for further testing. At the station, you will be required to provide either a breath, blood, or urine sample to determine your precise alcohol level.
Can I refuse to provide a sample at the Garda station?
Refusing to provide a breath, blood, or urine sample when requested is a serious offence. It carries severe penalties, often more serious than failing the test itself, including fines, mandatory driving disqualification, and possible imprisonment.
How long will a drunk driving conviction stay on my record?
A drunk driving conviction remains on your record indefinitely in Ireland. However, after a specified period ( 7 years), you may be eligible to apply for it to be considered “spent” under the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016.
Can you drive until court date?
Yes, you can drive. If convicted in court the disqualification begins after 14 days, unless you appeal.
What percentage of drink driving cases are dismissed in Ireland?
According to official data from the Courts Service of Ireland, 37.74% of drink driving cases were dismissed between 2020-2023, as confirmed by the Road Safety Authority (RSA),
Can I represent myself in court?
While you have the legal right to represent yourself, drunk driving cases can be complex. Hiring a solicitor experienced in road traffic law is strongly recommended to ensure the best possible outcome.
Why use a solicitor?
The role of the solicitor is to present mitigating factors to the court with the intention of minimising the penalties.
How can a solicitor help me with a drunk driving charge?
A solicitor can:
- Assess the evidence against you and identify any procedural errors
- Advise you on whether to plead guilty or not guilty
- Represent you in court and negotiate for reduced penalties or acquittal
- Assist with applications for early restoration of your driving licence/reduced disqualification periods
What is involved in the initial consultation?
We listen to everything that you have to say. From you, we learn an outline of the entire case. We learn about what you have been charged in detail, so that we can research these details for you. At MB Solicitors , we are offering individual attention.
We establish your direct connection with our representative who will look after your needs and who will help you through every step of the process. Then we will advise you on the various ways that you can proceed, and what you can expect.
Need Legal Advice?
If you have been charged with a drunk driving offence, contact our experienced legal team for a confidential consultation. We are here to guide you through the process and protect your rights.
What defences are available against a drunk driving charge?
Possible defences may include:
- Errors in the administration of breath, blood, or urine tests
- Faulty or improperly calibrated testing equipment
- Procedural mistakes by the Gardaí
What is strict liability in criminal law?
Once the prohibited act has taken place, the offence has been committed
Many offences are strict liability offences. This means that the matter of intention, recklessness, or negligence is irrelevant. It is a matter of interpretation for the court as to whether an offence created by statute requires intention, recklessness or proof of negligence.
As with other regulatory offences, strict liability offences only require the prosecution to prove that a defendant committed an unlawful act, not that the defendant intended to commit the unlawful act.
Can You Travel with a Drink Driving Conviction?
Many people are unaware that a drink driving conviction can have serious consequences beyond fines and license penalties.
If convicted, you may receive a criminal record, which can impact your ability to work, study, or travel abroad.
Different countries have strict entry requirements regarding criminal records.
- The USA has strict visa policies, and a criminal record could make entry difficult. You may need to apply for a visa instead of using the usual ESTA waiver.
- Canada has some of the toughest rules regarding drink driving convictions.
Even a single offence can make you inadmissible, though entry may be possible through a rehabilitation process or a Temporary Resident Permit. - Australia & New Zealand – While they assess criminal records on a case-by-case basis, serious or repeat offences could be problematic for obtaining visas.
If you have a drink driving conviction and plan to travel, research visa requirements in advance. Some countries offer waivers or special permits, but the process can take time. Seeking legal advice or contacting the embassy of your destination country can help you understand your options.
Get legal advice from Michael Burns of MB Solicitors who has expertise and a track record in this field of Road Traffic law.
Use the Enquiry Form below – or phone Michael Burns on 01 567 7343.
