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Can I have one drink and drive? / Drink driving solicitors Dublin/ Patrick Horan

Dublin, Ireland

27 August, 2021

Support | Legal Index Ireland

27 August, 2021

Can you have one drink and drive? Extremely popular question, even among lawyers. There’s no easy answer. A pint of beer may not put you over the limit, but it might your mother or father. That makes sense. They’re older than us and probably don’t drink as much as we do. Their tolerance levels are probably lower. Everyone is different. But we're even different every day. There's a whole range of things that can affect whether you can successfully process alcohol. Like what? Like your weight, sex, age, metabolism and how much you have eaten. All these factors contribute to how your body processes alcohol. Your body’s ability to process alcohol can be affected by whether you are a little sick or even tired. You could eat the same amount of food today as yesterday and drink the same amount of alcohol. But if you are more tired today than yesterday, this may very well affect your body’s optimum ability to process alcohol. That could put you over the limit today, even though you drank the same amount as yesterday. Can you go to jail for drink driving in Ireland? If this is your first offence, then it’s extremely unlikely. While a prison sentence is a possibility, this is only really reserved for people who are being prosecuted for drink driving a second, third or fourth time. So, if this is your first time in court for drink driving, you’ll almost certainly not be receiving a jail sentence. While jail is a possibility, it almost never happens when a person is prosecuted for drink driving for the first time. If it does you can apply to have appeal terms (bail) fixed that day. You can then take up bail that same day and go home while you wait for your appeal to come up. Is drink driving an automatic ban? Yes. Yes, it is. You almost certainly need your driving licence for work or family reasons. You may have significant personal circumstances that you think the Judge should know about. I agree. Does any of this make a difference? No. No I’m afraid not. If you are convicted of drink driving the penalty is always disqualification. Always. There are no exceptions. This isn’t because the Judge wouldn’t want to make an exception for you if they could. In some cases they would if they could. But they can’t. They are not allowed. The law stops them from using their discretion when it comes to drink driving. Judges must administer the law and the law is clear. If a person is found guilty of drink driving, then the penalty is always disqualification. Always. Regardless of your circumstances. So yes, following a conviction for drink driving there will be an automatic ban. can i have one drink and drive can you be sent to jail for drink driving is drink driving an automatic ban patrick horan solicitor drink driving solicitors dublin solicitors specialising in drink driving do i need a solicitor for drink driving motoring offence solicitors dublin

Video Transcript

Can you go to jail for drink driving in Ireland? Conceivably yes but in reality, if it's your first time coming to court for a drink driving offence then it's almost certainly not the case that

you’ll receive a custodial sentence. The custodial element is there, as it is for every offence, but its only really used for people who commit drink driving a second or third or even fourth time

For those people there is a risk of custody but if it's your first time coming to court for drink driving then it's almost certainly the case that you will not be sent to prison or anything like that.

Is drink driving an automatic ban? I’m afraid so, yes, it is. If you plead guilty to drink driving or you’re found guilty of drink driving, you will be disqualified. It's got nothing to do with

your circumstances, it’s because the law is very clear. If you're found guilty or if you plead guilty the Judge must disqualify you, they have no choice but to do it, they must put you off the road

The length of the disqualification depends on how much over the limit you were. That means its mandatory so if you're found guilty or you plead guilty you will be disqualified from driving.

Can I have one drink and drive? There is no easy answer to that question, because we’re all different, our ability to metabolise alcohol is different from one person to the next, and in fact it’s

different between one day and the next involving the same person. What may tip your mother over the limit may not tip you over the limit because you're younger, maybe you're in better physical

condition, maybe you’ve slept well last night or better last night, maybe you’ve eaten more today or things like that. All these factors all combine to assist your metabolism to metabolise

alcohol quicker. And in fact, what may tip you over the limit today, the same amount of alcohol tomorrow may not. So, it's different between people but it's also different between a

person between one day and the next. So, there's no easy answer and there's no scientific answer. I wish there was but unfortunately there isn't.

Related Videos

Snippet 1 - can i have one drink and drive
Can you go to jail for drink driving in Ireland? Conceivably yes but in reality, if it's your first time coming to court for a drink driving o
Snippet 2 - can you be sent to jail for drink drivng
Is drink driving an automatic ban? I’m afraid so, yes, it is. If you plead guilty to drink driving or you’re found guilty of drink driving
Snippet 3 - is drink driving an automatic ban
Can I have one drink and drive? There is no easy answer to that question, because we’re all different, our ability to metabolise alcohol is

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