Drink Driving


Drink Driving Laws in Ireland

If you are convicted of a drink driving (or related) offence (Section 4 of the Road Traffic Act, 2010) you will face a considerable fine and the loss of your licence through disqualification from driving. In certain cases the courts may also impose a custodial sentence.

If you have been accused of drunken driving or a related offence, we can advise you on the best options that are available to you. An Garda Síochána 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 to take place in the District Court. Through access to expert Barristers we can ensure the strongest defence of your driving licence.

Administrative penalty system

If you hold a valid licence/permit at the time of the alleged offence and your alcohol level is below a certain limit, you will be issued with a fixed penalty notice. If you pay the fine stated on the notice within 28 days, the additional penalty stated on the notice will be imposed but you will avoid having to go to court. The fixed penalty notice is only available in cases where you have not received a similar notice within the previous 3 years.

The alcohol limits and penalties applied under the fixed penalty notice scheme are as set out below:

Driver type Concentration of alcohol Fine Additional penalty
Experienced drivers (a) Not exceeding 80mg of alcohol per
100ml of blood
(b) Not exceeding 107mg of alcohol per
100ml of urine
(c) Not exceeding 35mcg of alcohol per
100ml of breath
€200 3 penalty points
Experienced drivers (a) Exceeding 80mg but not exceeding
100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding
135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding
44mcg of alcohol per 100ml of breath
€400 6 months disqualification
Other drivers (a) Not exceeding 80mg of alcohol per
100ml of blood
(b) Not exceeding 107mg of alcohol per
100ml of urine
(c) Not exceeding 35mcg of alcohol per
100ml of breath
€200 3 months disqualification

In the Courts system

The disqualification periods for drink driving convictions are as follows:

Concentration of alcohol First offence
(period of
disqualification)
Second offence
(period of
disqualification)

(a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath

6 months 1 year
(a) Exceeding 80mg but not exceeding
100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding
135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding
44mcg of alcohol per 100ml of breath
1 year 2 years
(a) Exceeding 100mg but not exceeding
150mg of alcohol per 100ml of blood
(b) Exceeding 135mg but not exceeding
200mg of alcohol per 100ml of urine
(c) Exceeding 44mcg but not exceeding
66mcg 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 66mcg of alcohol per 100ml of breath
3 years 6 years

The above penalties are minimum penalties and the judge has the discretion to increase these penalties. The maximum penalty for drink driving is €5,000 or 6 months in prison or both.

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. It is important to early action 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.