The Road Traffic Act 2010 further reduced the allowable Alcohol levels and changed the disqualification periods as set out below, and these came into effect in September 2011.
If you are convicted of a drink driving offence (Section 49 of the Road Traffic Act) you will face a fine of up to €2,500.00 and the loss of your licence through disqualification from driving. If you have been accused of a drink driving related offence we can advise you on the best options that are available to you. The Gardai will rely upon a reading of your blood, breath or urine alcohol level at the time the sample is given in the Garda station. You can expect the Prosecution of drink driving and related offences in the District Court. Through access to expert Barristers we can ensure the strongest defence of your driving licence.
Mandatory alcohol testing is only allowed where a checkpoint has been pre-authorised in a specific area for a specific time period.
A Garda can otherwise require a sample from you to check for alcohol levels if they have a reasonable suspicion that you under the influence of an intoxicant, and is obliged to obtain a sample from you if you have been involved in an accident wherein someone has been injured.
NEW DRINK DRIVING LIMITS
OFFENCE |
Minimum Period |
|
1st Offence |
2nd Offence |
Blood alcohol level per 100 ml of blood |
Exceeding 50 mg but not exceeding 80 mg
Fixed penalty notice €200 and 3 penalty points |
6 Months |
1 Years |
Exceeding 80 mg but not exceeding 100 mg
Fixed penalty notice €400 and 6 months disqualification |
1 Year |
2 Years |
Exceeding 100 mg but not exceeding 150 mg |
2 Years |
4 Years |
Exceeding 150 mg |
3 Years |
6 Years |
|
|
|
Breath Alcohol Concentration |
Exceeding 22 mg but not exceeding 35 mg
Fixed penalty notice €200 and 3 penalty points |
6 Months |
1 Years |
Exceeding 35 mg but not exceeding 44 mg
Fixed penalty notice €400 and 6 months disqualification |
1 Year |
2 Years |
Exceeding 44 mg but not exceeding 66 mg |
2 Years |
4 Years |
Exceeding 66 mg |
3 Years |
6 Years |
|
|
|
Urine Alcohol Concentration |
Exceeding 67 mgbut not exceeding 107 mg |
6 Months |
1 Years |
Exceeding 107 mgbut not exceeding 135 mg |
1 Year |
2 Years |
Exceeding 135 mg but not exceeding 200 mg |
2 Years |
4 Years |
Exceeding 200 mg |
3 Years |
6 Years |
Provisional Licence Holders and New Licence Holders in their First Two Years
You should note that for drivers on Provisional Licences, or for drivers in the first Two Years of holding a Full Licence, there is a lower relevant alcohol limit as follows:-
- 20 mg of alcohol per 100mg of blood
- 27 mg of alcohol per 100 ml of urine
- 9 mgs of alcohol per 100 ml of breath
For these drivers in excess of these lower limits, there is a Fixed Fine Penalty of €200 and a mandatory disqualification of 3 months.
Getting your licence back
If you have been Disqualified you may in certain circumstances apply to the District Court for the early restoration of your licence. We will be happy to advise and assist you in this regard. We strongly recommend that you contact us at the earliest opportunity in relation to such matters.
Should you wish to have a confidential consultation regarding your circumstances and the possibilities open to you, please do not hesitate to contact us.
