The law as it relates to intoxicated driving offences, and particularly drunken driving, is a very complex and technical area. Although the primary piece of legislation concerned with intoxicated driving is the Road Traffic Act, 2010 it forms part of a complex tapestry comprised of numerous pieces of legislation spanning over 50 years, together with various judgments of the Superior Courts that interpret those legislative enactments as they apply to persons accused of driving offences.
In the case of drunken driving, there exist three separate strict-liability offences. This means that even if a driver’s capacity to drive a vehicle is not proven to have been affected by their intoxication they will none the less be guilty of drink driving provided that the concentration of alcohol in their blood, urine or breath exceeds specified levels any time within three hours of their arrest.
If a person is convicted of drink driving they will face a mandatory disqualification from driving. The minimum length of this disqualification upon court conviction, in the case of a first offence, will range from one to three years however this can be added to by a judge in his or her discretion. Moreover, while applications can be made for the early removal of a disqualification, such an application cannot be made until at least half of the disqualification period has elapsed and the period of disqualification cannot be reduced to a period less than two years or two-thirds of the disqualification period imposed, whichever is greater.
Therefore, a conviction for drink driving can have very serious consequences for you and your ability to work and earn a living if you depend on your car for work or to get to and from work. At Canning and Company, we have served our clients in intoxicated driving cases for many years and, in doing so, have developed a deep understanding and knowledge of the law in area so that we can best represent our clients. If you have been charged with an offence of this nature and wish to secure advice and representation in the matter please do not hesitate in contacting our office today on +353 (0)1 5547854
Consequential Disqualification Period Table
|BLOOD ALCOHOL CONCENTRATION (mg/100ml)||1st offence||2nd offence|
|51-80||6 months||1 year|
|81-100||1 year||2 years|
|101-150||2 years||4 years|
|151+||3 years||6 years|
|URINE ALCOHOL CONCENTRATION (mg/100ml)||1st offence||2nd offence|
|68-107||6 months||1 year|
|108-135||1 year||2 years|
|136-200||2 years||4 years|
|201+||3 years||6 years|
|BREATH ALCOHOL CONCENTRATION (mcg/100ml)||1st offence||2nd offence|
|23-35||6 months||1 year|
|36-44||1 year||2 years|
|45-66||2 years||4 years|
|67+||3 years||6 years|
|FAILURE OR REFUSAL TO PROVIDE A SAMPLE||4 years||6 years|
Fixed Penalty Notices:
|SPECIFIED OR NON-SPECIFIED PERSONS||CONCENTRATION OF ALCOHOL||PENALTY POINTS/DISQUALIFICATION PERIOD||FIXED CHARGE|
|SPECIFIED||Blood: 21-80 mg/100ml||3 months||€200.00|
|NON-SPECIFIED||Blood: 51-80mg/100ml||3 Penalty Points||€200.00|
|NON-SPECIFIED||Blood: 81-100mg/100ml||6 months||€400.00|
Canning & Co. have a proven track record in defending drink driving actions and provide unparalleled value for money, contact us today for more details.
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