Driving under the influence of drugs, including prescription drugs, is treated similarly to drink driving, with potentially severe penalties.
It is important that you get legal advice from a solicitor who has expertise in this field of law. Contact Michael Burns on 01 567 7343.
Charges/Convictions Types
- Impaired Driving such that you have improper control of the vehicle. If drugs impair your ability to drive, you can face severe penalties even without exceeding legal limits.
- For drugs such as cannabis, cocaine and heroin you can also be prosecuted for being above the specified legal limits with no proof of impairment necessary.
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Road Traffic Legislation
Section 4(1) of the Road Traffic Act 2010, amended by Section 8 of the Road Traffic Act 2016, prohibits driving under the influence of intoxicants (prescribed or illegal).Section 5 makes it an offence to be in charge of a vehicle under the influence of drugs.
As of April 13, 2017, roadside drug testing became more stringent, no longer requiring proof of impairment for cannabis and cocaine
Drug Driving Blood Level Limits
| DRUG | CONCENTRATION LIMIT* (Units of Ng/ml in blood) |
| Cannabis: Tetrahydrocannabinol (THC) | 1 |
| 11-nor-9-carboxy-THC (THC Metabolite) | 5 |
| Heroin: 6-Acetylmorphine | 50 |
| Cocaine | 10 |
| Benzoylecgonine (Cocaine Metabolite) | 50 |
*You will receive a summons to appear in court if you exceed these limits.
Penalties for Drug Driving
If you are convicted for drug driving, you will receive:
- A monetary fine; and
- A mandatory disqualification from driving.
Fines & Imprisonment:
Up to €5,000 fine.
Up to 6 months in prison.
Disqualification:
Minimum 1-year driving ban if above legal thresholds for cocaine, cannabis, or heroin. A 2-year driving ban for a second offence.
Criminal Record: Conviction results in a criminal record.
Defending Drug 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.
Testing Methods
Preliminary Roadside Drug Test:
The motorist is required to provide a specimen of their saliva (oral fluid test).
The Garda may deploy the Securetec Drugwipe 6S cartridge which is similar to a cotton bud, and the driver is instructed to swab the inside of the mouth.
Tests can be run for:
- Cannabis, Cocaine, Opiates (Heroin, Morphine), Benzodiazepines, Amphetamines (Methamphetamine, MDMA), Fentanyl, Methadone.
- If the device detects Cocaine or Cannabis, the individual is arrested and required to provide a blood sample for further analysis
- If a test is positive for any other drugs, the Gardai can arrest the individual if, in their opinion, driving is impaired.
Typical Legal Process
Drug driving cases come before the Courts either by way of:
- A charge sheet procedure (you will have been charged with an offence at a Gárda station and bailed to appear in court) or;
- A summons (you will receive a summons in the post). Most prosecution cases will involve three appearances before the local District Court in the area which the offence is alleged to have occurred.
Generally, a drug driving case will involve 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 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.
FREQUENTLY ASKED QUESTIONS
I have been disqualified, can I get my licence back early?
Similar to drink driving, if you are convicted for drug driving you can apply to have your driving licence restored early depending on the length of disqualification received.
Successfully making this application is difficult and depends on the facts of each case, but we at MB Solicitors have a proven and successful track record.
What are the legal fees involved?
Contact us for a free consultation and an agreement on professional fees. This fee includes the initial consultation, all court attendances and also includes the barrister’s fee.
I have received a summons/charge sheet for drug driving what should I do?
The first thing you should do is contact us either by phone or email. The earlier we receive a copy of the summons/charge sheet the earlier we can assess your case to give you the best advice.
MB Solicitors are available to advise you on all aspects of your case, represent you in Court (in Dublin and surrounding counties) and work to ensure we achieve the best outcome to your case.
MB Solicitors instruct only experienced barristers, with a proven track record in drug driving cases, and who specialise in the area of Criminal Law. We also give fixed fee quotes for all of the legal work involved, including Barrister’s fees.