Our District Court Services Include:

Our District Court Services Include:

• Defence of Road Traffic Offences
• Drink Driving Offences
• Publican’s Licenses
• Auctioneering Licenses
• Debt Collection Services
• Gaming and Lottery Licenses

Drink Driving Offences
Farrell Solicitors have years of experience and a proven track record at defending clients in Drink Driving cases. We understand that such cases are a stressful time for a client and we seek to have the matter disposed of in an efficient manner. If we feel it is necessary, we will retain the services of a specialist barrister.
Some information on the law of Drink Driving in Ireland:

Drink Driving
The main legislation dealing with road safety in Ireland is the Road Traffic Act 1961.  This law has been updated and modernised regularly over the years and following the introduction of the Road Traffic Act 2006 the Gardai now have even wider powers to reduce and eliminate the offence of drink driving on Irish roads.
Drink Driving Offence

Section 49 of the Road Traffic Act 1961 as inserted by Section 10 of the Road Traffic Act 1994 created four separate drink driving offences in Ireland. 
These offences are as follows:
• An offence of 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. (Section 49(1));
• An offence of 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 three hours after so driving or attempting to drive, the concentration of alcohol in your blood exceeds a concentration of 80 milligrams of alcohol per 100millilitres of blood. (Section 49(2));
• An offence of 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 three hours after so driving or attempting to drive, the concentration of alcohol in your body exceeds a concentration of 107 milligrams of alcohol per 100 millilitres of urine. (Section 49(3));
• An offence of 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 three hours after so driving or attempting to drive, the concentration of alcohol in your breath exceeds a concentration of 35 microgrammes of alcohol per 100 millilitres of breath. (Section 49(4)).

Penalties for drink driving offences
Penalties on conviction for drink driving will vary depending on the amount of alcohol that has been detected in your system.  Another factor the court will take account of is whether the offence is your first offence or otherwise.  Remember, all convictions for drink driving carry a mandatory disqualification from driving.
From 5 March 2007 (through the Road Traffic Act 2006) the disqualification periods for drink driving convictions increased significantly as set out below: 

the judge has the discretion to increase these penalties.
Since 5 March 2007 the monetary penalty or fine for drink driving was increased to a maximum of €5,000.  (This change was introduced through the Road Traffic Act 2006).

The rules which allow for the removal of a disqualification were changed from 5 March 2007. Under the new rules only people who have been disqualified for the first time for a period of more than 2 years will be allowed to apply to the court to have their disqualification removed and their driving licence restored. At least half of the period of disqualification must have elapsed however, before the person can apply for the restoration of their licence.
The court may only reduce the overall period of the disqualification to a minimum of two-thirds of the period specified in the original disqualification order.

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.
Under some provisions of the Road Traffic Act 2006 (which are not yet law) it will be possible for a driver who has been arrested for drink driving to admit their guilt and accept a fixed fine, penalty points and a six month disqualification for a first offence, without the need to have his or her case brought to court. This system will be based on the fixed charge offence and penalty points system in existence for other road traffic offences.

Proving the Offence of Drink Driving:

What proof is needed in drink driving cases under Section 49 (1)?
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 49 (2) (3) or (4).
For an offence under 49(1) the following elements or proofs must be given to the court;
• That you drove or attempted to drive
• That you must have driven 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 Gardai 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 their vehicle.Proofs needed under Section 49(2), 49(3) and 49(4)

The most common type of prosecution for drink driving is under these three sections for driving when over the prescribed limits for blood/alcohol, urine/alcohol or breath/alcohol. This means that the Garda or prosecution must prove that the person drove a vehicle while the concentration of alcohol in the blood exceeded 80 milligrams of alcohol per 100 millilitres of blood, section 49(2), or 107 milligrams of alcohol per 100 millilitres of urine, section 49(3) or 35 microgrammes of alcohol per 100 millilitres of breath section 49(4).
Proof of the concentration of alcohol in the case of section 49(2) and 49(3) will be provided by a certificate of analysis from Medical Bureau of Road Safety. In the case of a prosecution under section 49(4) the concentration is proven by a statement printed from an intoxilyzer, a machine designed to measure the concentration of alcohol in the breath.

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 but should be noted that failure to contact your solicitor will not excuse you from complying with the Garda’s request for a sample of blood; urine or breath specimen.

In the case of Walsh v O’Buchalla [1991] 1 I.R.56 the right of access to a solicitor was evoked by the defendant who claimed that because he was denied access to his solicitor, the sample of blood taken was unlawful because his constitutional right to access to a solicitor was denied.  The High Court rejected this and said that because it was a statutory obligation to provide a specimen when arrested for drink driving, no amount of legal advice would change this obligation.  In other words, the solicitor could not have advised their client not to provide a specimen which would amount to advising them to break the law.

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.  If the alcohol level is shown to be over the legal amount then the Garda will summons you to appear in the District Court to answer the charge of drunken driving.

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 read-out to retain for yourself and the other will be used by the Garda in court as proof that you were above the legal limit.  Of course, if you are below the legal limit then that is the end of the matter.  If you are over the legal limit you will be summonsed by the Garda to appear in court at a later date to answer the charge of drink driving.

What is mandatory alcohol testing and how does it work?
Mandatory alcohol testing means random breath testing. The Road Traffic Act 2006 allows the Gardai (in certain circumstances) to breathalyse the drivers of vehicles without the need to have formed the opinion that the driver had consumed alcohol. 

The power can however 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 Gardai to set up a checkpoint in a public place (or another place).  The Gardai 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
• Accompany the Garda (or another Garda) to a place (including a vehicle) at or near the checkpoint to provide by a breath 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 Gardai is guilty of an offence. A Member of the Gardai may also require the driver of the vehicle;
• To move it to a place in the area of the checkpoint and to keep or leave it there until the person has complied with a requirement made of him or her.
The Gardai 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. The Road Traffic Act 2006 does not give the Gardai the power to pull cars over while in traffic and breathalyse the driver randomly. It only gives the Gardai the power to conduct checkpoints for the purpose of random breath testing. If however, 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 have consumed alcohol then they can stop you in traffic and breathalyse you under the powers given by the Road Traffic Act 2002.

Can the Gardai 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 Gardai 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 Gardai are however obliged to exercise these powers in a proportional manner.

Dublin City Centre. 28 North Great Georges St. Dublin 1
Tel : 353-1-8745608 . Fax : 353-1-8897868
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