Drink driving offences

It is an offence to drive in a public place in Ireland if you are too intoxicated to have proper control of your vehicle or have consumed more than the permitted amount of an intoxicant. An intoxicant can be either alcohol or drugs, or both.

The Gardaí carry out roadside breath testing for alcohol levels and saliva testing for drug levels. It is an offence to refuse to be tested.

If you are convicted of driving under the influence of alcohol or drugs, you will be automatically fined and disqualified from driving for a set period of time. Repeated or serious breaches may result in you being sentenced to prison.

This document outlines the rules regarding drink and drug driving in Ireland. It includes information on:

• The legislation governing drink and drug driving
• Types of drink driving offences
• Penalties for drink driving offences
• Enforcement of drink driving rules
• Prosecution of drink driving offences; and
• Drug driving

You can find out more about driving offences and the penalty points system. You can also read about the process of being disqualified from driving.

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

The introduction of the 2006 Road Traffic Act gave the Gardaí 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 (No.2) 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, 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 based on the specimen. Refusal is an offence.

Under the Road Traffic Act 2016, Gardaí can conduct preliminary drug tests at the roadside or in Garda stations.

Under the Road Traffic Act 2024, Gardaí must conduct mandatory drug tests of drivers involved in serious collisions at the roadside.

Since 26 October 2018, under the Road Traffic (Amendment) Act 2018, drivers who previously got 3 penalty points for certain drink driving offences will now be disqualified from driving for 3 months instead.

Under Section 4 of the Road Traffic Act 2010 there are 4 separate drink driving offences. These offences differentiate between experienced drivers and new drivers. New drivers are drivers with learner permits or drivers who have held a driving licence for 2 years or less, or those who have no valid licence/permit. Lower alcohol limits apply to new drivers. These lower alcohol limits also apply to drivers of buses, lorries, trailers, work vehicles, taxis and other public service vehicle drivers.

The 4 offences are as follows:

• 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.
• 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
• 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
• 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 (µg ) of alcohol per 100 millilitres of breath for an experienced driver
  - 9 microgrammes (µg ) of alcohol per 100 millilitres of breath for other drivers
  

Penalties on conviction for drink driving vary depending on the amount of alcohol that has been detected in your system. The court will also take into account whether this is your first offence or otherwise. Under the penalties introduced by the Road Traffic Act 2006 all convictions for drink driving result in a mandatory disqualification from driving.

Administrative penalty system

If you hold a valid licence or permit at the time of the 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 not have to go to court. You are not eligible for a drink driving fixed penalty notice if you have 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:

Court system

If you have to go to court the disqualification periods for drink driving convictions are as follows:

If you convicted of being too intoxicated to be in proper control of your vehicle, the minimum disqualification on a first offence is 4 years and 6 years for a second or subsequent offence.

The above penalties are minimum penalties and the judge has the discretion to increase these penalties.

The maximum penalty solely for drink driving is €5,000 or 6 months in prison or both.

Mandatory alcohol testing

Mandatory alcohol testing means random breath testing. The Road Traffic Act 2010 allows the Gardaí (in certain circumstances) to breathalyse the drivers of vehicles without the need to have formed the opinion that the driver had consumed alcohol.

However, the power can only be exercised at checkpoints which have been authorised by a Garda Inspector. These checkpoints are specifically designed for the purpose of mandatory alcohol testing. The authorisation must be given by the Inspector in writing and allows Gardaí to set up a checkpoint in a public place (or another place).

The Gardaí can stop any mechanically propelled vehicle (including motorcycles, scooters, electric bicycles, wheelchairs, etc.) and may require the driver of the vehicle to do the following:

• Provide a specimen of their breath by exhaling into equipment used for indicating the presence of alcohol in the breath, or
• Provide a specimen of their saliva, or
• Accompany the Garda (or another Garda) to a place (including a vehicle) at or near the checkpoint to provide a breath or saliva specimen, or
• To leave the vehicle at the place where it has been stopped.

Anyone who refuses or fails to comply immediately with the above or to comply in the manner required by the Gardaí is guilty of an offence. The Garda may ask the driver to move their vehicle to a place near the checkpoint and to leave it there until they have complied with any requirement made of them.

The Gardaí may arrest (without warrant) anyone who in the opinion of the Garda, is committing or has committed an offence of failure or refusal to comply with a request by the Garda.

Can a Garda stop me randomly while in traffic and breathalyse me?

No. Road traffic law does not give the Gardaí the power to pull cars over while in traffic and breathalyse the driver randomly. It only gives the Gardaí the power to conduct checkpoints for the purpose of random breath testing.

A Garda has the right to stop any vehicle and, once stopped, they can breathalyse you if the Garda has formed the opinion that you have committed any road traffic offence, or that you have been involved in a road traffic accident, or is of the opinion that you are intoxicated.

Can the Gardaí set up a mandatory alcohol testing checkpoint anywhere?

Yes. Provided it is in a public place and is authorised by a Garda Inspector. The reason the Gardaí have been given powers to set up these checkpoints is to reduce accidents caused by drink driving in locations where they will have most effect.

So, basically they can conduct checkpoints on main roads, outside pubs or night clubs or anywhere else they feel will reduce the number of drink drivers on the road. The Gardaí are however obliged to exercise these powers in a proportional manner.

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. However failure to contact your solicitor will not excuse you from complying with the Garda’s request for a sample of blood, urine or a 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 print 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.

If the alcohol level is shown to be over the legal amount then the Garda will either issue a fixed penalty notice or summons you to appear in the District Court to answer the charge of drink driving. Of course, if you are below the legal limit then that is the end of the matter.

What proof is needed in drink driving cases?

When a Garda decides to prosecute someone for drink driving they must provide the court with certain proofs in order to obtain a conviction. The proofs required under Section 4(2), (3) and (4) of the Road Traffic Act 2010 (i.e. blood, urine and breath test) are slightly different to that of Section 4(1) (driving while under the influence of an intoxicant).

This charge is normally preferred where an arrested person has failed to provide a blood, urine or breath specimen with the result that it is not possible to bring a case under either Section 4(2), (3) or (4).

For an offence under Section 4(1) the following elements or proofs must be given to the court:

• That you drove or attempted to drive a mechanically propelled vehicle
• That your driving or attempt to drive took place in a public place
• That you were under the influence of an intoxicant to such a degree that you could not properly control the vehicle

Normally the Garda will give evidence of their observations and the opinion they formed as a result. Other Gardaí or doctors who dealt with the person while in the Garda Station can also give evidence in support of this.

Other evidence that the Garda may give could include the defendants’ inability to perform simple co-ordination tests when asked. For example, you were unable to walk a straight line or unable to put the key into the door lock. Such evidence will support the view that you were incapable of having proper control of your vehicle.

Offences under Section 4(2), 4(3) and 4(4)

The most common type of prosecution for drink driving is for driving when over the prescribed limits for blood/alcohol, urine/alcohol or breath/alcohol.

Proof of the concentration of alcohol in the case of section 4(2) (blood/alcohol) and 4(3) (urine/alcohol) will be provided by a certificate of analysis from the Medical Bureau of Road Safety. In the case of a prosecution under section 4(4) (breath/alcohol) the concentration is proven by a statement printed from an intoxilyzer, a machine designed to measure the concentration of alcohol in the breath.

Appeals process

If you have been convicted of drink driving in the District Court you may appeal the conviction to the Circuit Court. The appeal must be lodged in the District Court Office within 14 days of your conviction.

The court clerk in your local District Court will assist you with this process. Alternatively, your solicitor can assist you. Appeals to the Circuit Court to reverse a conviction for drink driving are free of charge.

If you have been disqualified from driving, you can apply for your driving licence to be restored.

You make the application to the District Court where the order to disqualify you was made. An application costs €55. You must be more than halfway through your disqualification period before you can make an application.

Your driving licence will not be restored if:

• The disqualification is for 2 years or less
• You have been given another disqualification in the past 10 years

The court can reduce the period of disqualification to two-thirds of the original period of disqualification or to 2 years, whichever is the greater.

When a court is considering an application for the restoration of a driving licence it will look at the nature of the offence, the character of the applicant and the conduct of the applicant after conviction.

You can read more about being disqualified from driving.

It is illegal to drive under the influence of drugs (including prescription drugs) if your driving is impaired to such an extent that you don’t have proper control of the vehicle. If convicted of this offence, the minimum disqualification on a first offence is 4 years and 6 years for a second or subsequent offence.

For certain drugs – cannabis, cocaine and heroin – it is illegal to drive if you are over the specified limit, even if your driving is not impaired. If you are convicted of being over the specified limit, you will be disqualified for at least one year on a first offence and at least 2 years for second or subsequent offences. A first offence can be a drink or drug driving offence.

Drug testing of drivers

Drug testing devices test saliva for cannabis, cocaine, opiates (for example, heroin and morphine) and benzodiazepines (for example, valium). It is an offence to refuse to provide a saliva sample.

Gardaí have discretionary power to conduct preliminary drug tests at the roadside under the Road Traffic Acts. Gardaí may also carry out an impairment test.

In certain circumstances, you may be brought to a Garda station for a blood sample.

Mandatory drug testing of drivers at the scene of a serious accident

Since midnight on Friday 31 May 2024, if you are a driver that has been involved in a serious car collision, the Gardaí must test you for drugs at the roadside.

The Gardaí will require you to stay at the roadside until the test shows either the presence or absence of drugs in your system. This usually takes 8 minutes after giving an oral fluid sample, however the Gardaí may require you to wait up to 30 minutes.

Gardaí already conduct mandatory testing of drivers for alcohol at the scene of a crash where someone has been injured, or of a driver who has been injured and removed to hospital.

The Road Safety Authority (RSA) provide further information on drug driving including Driving under the influence (pdf) and an information leaflet on Medicines and Driving (pdf).