Damian Nolan & Co.

Solicitors

Incorporating William A. James & Co.
Dublin • Balbriggan

Drink Driving in Ireland - Overview

Since 1961, Ireland’s main road safety legislations is the Road Traffic Act. Over the years, the law has been revised to be more current and modern. The changes to the Road Traffic Act in 2006 gave the Gardai more power to diminish drink driving in Ireland.

Prior to the changes in the Road Traffic Act in 2006, in order to be legally administer a breath test to a driver, the Gardai had to have stopped the driver for a traffic violation or accident, or believe that the driver had consumed alcohol. This changed with the law changes in 2006. The Gardai now have the power to administer breathalyzer tests at mandatory alcohol checkpoints to any driver. There is no longer a need for the Gardai to believe that a driver has consumed any alcohol whatsoever. This practice is known as random breath testing, and it has increased the likelihood that anyone who drives in Ireland after consuming alcohol will be stopped at a checkpoint, have the alcohol discovered, and face prosecution by the Gardai. There are four kinds of drink driving offences in Ireland:

  1. driving (or attempting to drive) any mechanically-powered or propelled vehicle in a public place while under the influence of any intoxicant to the extent of being unable to properly control the vehicle (section 49(1) offence);
  2. driving (or attempting to drive) any mechanically-powered or propelled vehicle in a public place with a blood/alcohol content greater than 80 milligrams of alcohol per 100 milliliters of blood (section 49(2) offence);
  3. driving (or attempting to drive) any mechanically-powered or propelled vehicle in a public place with an alcohol content greater than 107 milligrams of alcohol per 100 milliliters of urine (section 49(3) offence);
  4. driving (or attempting to drive) any mechanically-powered or propelled vehicle in a public place with an amount of alcohol content greater than 35 micrograms of alcohol per 100 milliliters of breath (section 49(4) offence).

Read more about Irish drink driving offences by click through the following links:

About Mandatory Alcohol Testing
If You Are Arrested For Drink Driving
Proof of Drink Driving
Penalties for Drink Driving Offences

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The solicitors at Damian Nolan & Co., Solicitors (incorporating William A. James & Co.) have more than 40 years of combined experience in the following areas of law:
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