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Is it worth getting a Solicitor for Drink Driving?/ Drink driving solicitors Kildare/ Patrick Horan

Kildare, Ireland

30 September, 2021

Support | Legal Index Ireland

30 September, 2021

I've been arrested for drink driving. What should I do? By far and away the number one question asked by clients. Many people automatically assume that the drink driving charge they are facing is ‘open and shut’, often assuming that their only option is to plead guilty and accept a mandatory driving disqualification and fine because their breath/blood/urine reading was over the legal limit. But, even if your sample was over the limit it is still the case that the Gardai must follow strict procedures in relation to the arrest, detention, and taking of evidential specimens of breath/blood/urine from a suspect. If there is a failure on the part of the Garda to follow these strict procedures this may provide a technical defence to a drink driving charge which could result in an acquittal. We recommend that you contact a solicitor as quickly as possible (preferably before the first court date) to obtain expert advice on your case and your options. But what if I have already decided to plead guilty To drink driving? Even if you have already decided to plead guilty to a drink driving charge appearing in court without professional representation in your corner can be an intimidating and stressful prospect. . A driving ban will automatically commence on the 15th day after conviction, but if you have special reasons relating to your personal circumstances (including your employment) we can apply for a short postponement of your driving ban up to a maximum of six months. solicitors specialising in drink driving is it worth getting a solicitor for drink driving drink driving solicitors kildare is drink driving an automatic ban can you go to jail for drink driving in ireland how to appeal a drink driving ban in ireland patrick horan solicitor road traffic solicitors kildare

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.

How to appeal a drink driving ban in Ireland. If you’ve been found guilty of drink driving by the District Court you can then at that point, in court, file a Notice of Appeal, you can appeal the

disqualification decision by the District Court there and then in court. And when the proper appeal papers are filled out and properly lodged you’ll get a copy back from the court clerk and

that will indicate that your appeal is lodged. You’re entitled to drive during that period until the appeal comes up but the appeal is held now in the Circuit Court, which is a higher court, and

they will re-hear the case all over again from start to finish. If you’re successful, then the disqualification will be removed but if not, then the decision of the lower court will remain

Drink Driving Statistics Ireland. In the UK about 95% of people arrested for drink driving are convicted. It’s a very high conviction rate, almost 100%. That’s in the UK. Here in Ireland, it’s a

good deal lower, its about 64-65% of people who are prosecuted for drink driving are convicted. That’s means about 35-36% of people who are prosecuted are not convicted. And these are

people who must have been over the limit and in many cases were very much over the limit but they weren’t convicted for a whole bunch of different reasons. Perhaps the evidence wasn’t

good enough, perhaps a witness didn’t turn up, or some piece of documentary evidence went missing. But there’s proportionally a better chance of succeeding in Ireland than in the UK.

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.

Related Videos

Snippet 1 - solicitors specialising in drink driving
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 - is it worth getting a solicitor for drink driving
How to appeal a drink driving ban in Ireland. If you’ve been found guilty of drink driving by the District Court you can then at that point,
Snippet 3 - drink driving solicitors kildare
Drink Driving Statistics Ireland. In the UK about 95% of people arrested for drink driving are convicted. It’s a very high conviction rate, almost 1

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