Breathalyser / Blood Test
Arrested after a Garda checkpoint or roadside test? There are procedural requirements that must be followed. A solicitor can review the evidence.
District Court Defence
All drink driving cases are heard in the District Court. A specialist solicitor presents the best possible case — whether contesting the charge or seeking to mitigate the penalty.
Keep Your Licence
In certain circumstances, technical and procedural defences can result in charges being dismissed. Early legal advice is critical.
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Drink Driving Limits in Ireland 2026
| Driver Type | Breath Limit | Blood Limit |
|---|---|---|
| Learner driver / novice driver | 0 | 0 mg/100ml blood — zero tolerance |
| Professional / bus / truck driver | 9 mg / 0.09 mmol | 20 mg/100ml blood |
| Ordinary driver | 22 mg / 0.22 mmol | 50 mg/100ml blood |
Drink Driving Penalties in Ireland 2026
| Offence | Disqualification | Fine / Sentence | Notes |
|---|---|---|---|
| 1st offence (lower range: 50–80 mg) | 3-month disqualification | €500 fine (District Court) | Automatic if over limit |
| 1st offence (higher range: 80mg+) | Mandatory disqualification (min 6 months) | €2,500+ fine or prison | Mandatory court appearance |
| 2nd offence within 3 years | Minimum 2-year disqualification | €2,500+ fine or up to 6 months prison | Mandatory court appearance |
| 3rd or subsequent offence | Mandatory 3–4 year disqualification | Up to €5,000 or 6 months prison | Mandatory court appearance |
| Causing death or serious harm | Mandatory minimum 4-year ban | Up to 10 years imprisonment | Mandatory court appearance |
What Happens After a Drink Driving Arrest in Ireland
When a Garda suspects a driver of drink driving, they may use a roadside breathalyser test (preliminary breath test). If this is positive or if the Garda has reasonable grounds to suspect impairment, they may arrest the driver and bring them to a Garda station.
At the station, an evidential breath test is conducted using an approved device (Evidential Breath Testing machine). The driver may also request a blood or urine sample as an alternative. The results are used as evidence in the District Court.
A summons is issued requiring the driver to appear in the District Court, typically within 3–6 months of the arrest. It is at this hearing that the case is heard and penalties imposed if convicted.
Can a Drink Driving Charge Be Defended in Ireland?
Yes. A specialist drink driving solicitor will examine the circumstances of the arrest and the evidence carefully. Potential defences include:
- The Garda did not have lawful grounds to stop the vehicle
- Proper arrest procedure was not followed
- The breathalyser device was not properly calibrated or maintained
- The evidential breath test procedure was not correctly followed
- Errors in the documentation of the charge
Even where an outright defence is not available, a skilled solicitor can present mitigating circumstances to minimise the penalty imposed by the court.
Why You Need a Drink Driving Solicitor in Ireland
A conviction for drink driving in Ireland carries mandatory disqualification — the court has no discretion once a conviction is recorded. The only way to avoid or minimise disqualification is either to successfully defend the charge or, where the case cannot be defended, to present the strongest possible mitigation.
An experienced drink driving solicitor knows how to review the evidence, identify weaknesses in the prosecution case, and present your circumstances effectively. The investment in legal advice at this stage is almost always worthwhile given the consequences of conviction.