Drink Driving

The main legislation dealing with road safety is the Road Traffic Act 1961. This law has been updated and modernised regularly over the years and following the introduction of the Road Traffic Act 2006 the Gardai have wide powers to reduce and eliminate the offence of drink driving.

The introduction of the 2006 Road Traffic Act gave the Gardai the power to breathalyse any driver stopped at a mandatory alcohol checkpoint without the need to form any opinion in relation to the driver of the vehicle. The ability to breathalyse any driver is commonly known as random breath testing.

Under the Road Traffic Act 2011, since June 2011 Gardaí must conduct a preliminary breath test where they believe a driver has consumed alcohol or at the scene of a crash where someone has been injured and requires medical attention.

Under the Road Traffic Act 2014, since 26 November 2014 it is possible to take a specimen of blood from a driver who is incapacitated following a serious road traffic collision and to test that specimen for intoxicants.The driver is asked, on regaining capacity, whether they consent to the issuing of a certificate of the test result on the specimen. Refusal is an offence.

New offences, introduced by Section 4 of the Road Traffic Act 2010, reduce the drink driving alcohol limits for all drivers. They also differentiate between experienced drivers and new drivers – those with learner permits or who hold a driving licence for 2 years or less, or have no valid licence/permit. Lower alcohol limits apply to new drivers than those that apply to experienced drivers. The lower alcohol limits applying to new drivers also apply to drivers of buses, lorries, trailers, work vehicles, taxis and other public service vehicle drivers.

The new offences are as follows:
  • An offence of driving or attempting to drive a mechanically propelled vehicle in a public place while under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.
  • An offence of driving or attempting to drive a mechanically propelled vehicle in a public place while there is present in your body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in your blood exceeds a concentration of:
    - 50 milligrammes of alcohol per 100 millilitres of blood for experience drivers
    - 20 milligrammes of alcohol per 100 millilitres of blood for other drivers
  • An offence of driving or attempting to drive a mechanically propelled vehicle in a public place while there is present in your body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in your urine exceeds a concentration of:
    - 67 milligrammes of alcohol per 100 millilitres of urine for experienced drivers
    - 27 milligrammes of alcohol per 100 millilitres of urine for other drivers
  • An offence of driving or attempting to drive a mechanically propelled vehicle in a public place while there is present in your body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in your breath exceeds a concentration of:
    - 22 microgrammes of alcohol per 100 millilitres of breath for an experience driver
    - 9 microgrammes of alcohol per 100 millilitres of breath for other drivers

What is the procedure if I am arrested for drink driving?

If you are arrested at the roadside for drink driving, the Garda is obliged to inform you in ordinary understandable language that you are being arrested for the offence of drink driving. You will be brought to a local Garda Station where you will be informed of your rights by a member in charge of the station. These rights include consulting with a solicitor but should be noted that failure to contact your solicitor will not excuse you from complying with the Garda’s request for a sample of blood, urine or breath specimen.

If you provide a sample of blood or urine the sample will be divided into two containers in your presence and sealed. You will then be offered a sample of your choice and the remaining sample will be sent to the Medical Bureau of Road Safety for analysis. The results of the test will be posted to both yourself and to the Garda concerned. You may have your own sample independently analysed if you wish.

Similarly, if you provide a sample of your breath the intoxilyser machine will give two immediate print outs of the level of alcohol in your breath. You will be offered a choice of either read-out to retain for yourself and the other can be used by the Garda in court as proof that you were above the legal limit.
Johnston Solicitors provide a legal service, 24 hours a day covering all aspect of the criminal justice system from a prosecution for minor to serious offences  and all aspects in between. We attend at Garda stations 24 hours a day to represent you and provide you with the legal assistance to get you through the process.

Contact Johnston Solicitors on 24 hours a day on our Garda Custody Advice line Tel: 087 7437420
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