Penalties for drink driving
Once stopped by An Garda Síochána, a driver may be tested for alcohol and taken to a Garda station for further testing. In all cases, if a driver fails a preliminary breath test at the roadside, they will be arrested and required to provide an evidential breath, blood or urine specimen at a Garda station.
The offence of refusing to provide a sample of breath, blood or urine for evidential purposes will attract an automatic disqualification of four years for a first offence and six years for a second or subsequent offence.
Under the system, if a driver is not already disqualified from holding a driving licence or a learner permit at the time of detection, or has not availed of the fixed penalty notice option in the preceding three years, and the BAC (Blood Alcohol Concentration) levels in the body do not exceed 100mg (qualified, non novice or non professional) or 80 mg (learner, novice or professional) they will be subsequently served with a fixed penalty notice. Court proceedings will not be initiated if payment of the fixed charge is made and the disqualification accepted.
The penalties which apply are:
- If a driver is tested and their BAC is between 50mg and 80mg, the driver
will be served an on-the-spot fixed penalty notice, receive a fine of €200 and an immediate 3 month disqualification. The driver cannot drive in a public place the entire of the 3 month calendar period. To drive while banned is a criminal offence and will lead to prosecution.
If a driver is tested and their BAC is between 80mg and 100mg, they will be served an on-the-spot fixed penalty notice, receive a fine of €400 and will be disqualified from holding a licence for six months.
If a driver who is a learner, novice or professional driver is tested, and they are above the 20mg limit (but less than 80mg), they will be served with an on-the-spot fixed penalty notice, receive a fine of €200 and be disqualified from holding a driving licence for three months.
Where a driver is tested and their BAC is above 100mg (or 80mg for a learner, novice or professional driver), or they have failed to pay a fixed penalty notice, they will have to go to court where the disqualification periods range from 1 to 6 years depending on the level of alcohol detected, and whether it is a first or subsequent offence.