Drink Driving: Can you avoid a disqualification?

by Lorena Iftima, Legal Executive.

 

A criminal offence?

Drink driving is a criminal offence and Section 4 of the Road Traffic Act 2010 states that “a person shall not drive or attempt 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”.

Therefore, if a person consumed alcohol to a level that exceeds the allowed quantity limits as it may impair their driving, they shall not be driving or attempt to do so.

Quantity limits?

As stated above, drink driving offences arise where a driver exceeds the legal alcohol limits. These limits vary depending on whether the driver is a specified driver or a fully licensed one.

For a fully licensed driver the legal limit is 50mg of alcohol per 100ml of blood, while specified drivers have a lower legal limit of 20mg of alcohol per 100ml of blood. “Specified” refers to novice and learner drivers, however it also refers to professional and commercial drivers.

The limits for a urine specimen also vary depending on the type of driver. For a standard driver the limit is 67 mg of alcohol for 100ml of urine and for a specified driver, the limit is 27mg per 100ml of urine.

For a breath specimen, the limit for standard drivers is 22 microgrammes of alcohol per 100ml of breath and 9 microgrammes of alcohol per 100ml of breath for specified drivers.

To provide or not to provide a sample?

Under section 12 of the Road Traffic Act 2010, a person is required to provide a sample at the lawful demand of An Garda Siochana.

This can refer to a breath specimen taken at the roadside, breath specimen taken at the station with the Evidenzer machine, blood or urine (latter two will be taken with the assistance of a designated doctor).

Any refusal or failure to comply with such lawful demand may result in criminal liability.

Convicted?

On conviction of a drink drive, penalties, fines and imprisonment may be imposed depending on each case. However, the person convicted will be disqualified from driving for a minimum of 2 years. The disqualification is mandatory.

Importance of expert legal advice and representation

As in all case personal mitigating factors are important, but not decisive. The law on drink drive is highly technical, and it revolves around correct procedures and legal requirements. The only way to avoid a mandatory disqualification is by having the case struck out or dismissed. A legal expert will be able to identify strong and weak points in such cases and ensure the best strategy for each case to avoid the mandatory disqualification. Therefore, a legal expert’s advice and/or representation is of utmost importance.

The KOD Lyons criminal team has a proven record of significant rate of success in cases of drink drive. If you require confidential legal advice and representation, please do not hesitate to contact our team of experts.