If You Are Arrested For Drink Driving
If you are arrested for drink driving, the Garda must inform you in plain, understandable terms that you are being arrested on the charge of drink driving. You will be taken to the local Garda Station, and, there, a member in charge of the station will inform you of your rights. Your rights include consulting with a solicitor, but failing to consult with your solicitor is not an excuse to fail or refuse to comply with the Garda's requests for blood, urine, or breath samples. Refusing to submit to these tests is breaking the law, and no solicitor would advise a client to refuse these tests. The law states that anyone arrested for a drink driving offense must provide these samples upon request.
The samples of blood or urine you provide to the Garda will be separated into two containers and sealed in front of you. You will be offered to take a sample of your choice; the remaining sample will be analyzed by the Medical Bureau of Road Safety. You – and the Garda in your case – will receive copies of these results via post. You may have your sample independently tested at your discretion. If the alcohol content of your sample is determined to be over the legal limit, then you will receive a summons from the Garda to appear in District Court to answer to the charge of drink driving.
Any breath tests you submit to will provide print outs of the results immediately, and you will be given your choice to take one of these. The Garda will use the other print out as evidence that you were above the legal limit while driving or attempting to drive a mechnically-powered vehicle in a public place. If the print out shows that you are below the legal limit, however, you will be free to go and no charges will be brought against you. If the print out shows that you are over the legal limit, you will be sent a summons requiring you to appear in court to answer to the charges.
Read more about Irish drink driving offences by click through the following links:
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