CURRENT LEGAL ARTICLES

In Ireland, it is a serious offence to drive while intoxicated. An intoxicant can be alcohol, drugs, or both. Drunk driving arrests in Ireland have steadily increased in the past few years. In 2021, over 3,300 arrests have been made for a drug going alone.  Roughly 38% of road-traffic fatalities have been reported in Ireland due to drunk driving.  Due to the country’s recently enacted strict road traffic laws, Ireland has made laudable progress in reducing traffic-related deaths.

The Road Traffic Act 1961 is Ireland’s primary legislation dealing-drunk drunk driving offences. There have been several amendments to the Principal Act since its introduction. Four prior drunk driving offences are under section 4 of the Road Traffic Act 2010. 

(1) 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 properly controlling the vehicle.

(2) driving or attempting to drive a mechanically propelled vehicle in a public place with a BAC exceeding a concentration of- 

a. 50 milligrams of alcohol, 100 millilitres of blood, or

b. In the case of a specified driver, 20 milligrams of alcohol per 100 millilitres of blood

(3) Driving or attempting to drive a mechanically propelled vehicle in a public place with alcohol in urine exceeding a concentration of-

a. 67 milligrams of alcohol per 100 millilitres of urine, or

b. In the case of a specified driver, 27 milligrams of alcohol per 100 millilitres of urine.

(4) Driving or attempting to drive a mechanically propelled vehicle in a public place with breath alcohol levels exceeding a concentration of-

a. 22 milligrams of alcohol per 100 millilitres of breath, or

b. In the case of a specified driver, nine micrograms of alcohol per millilitres of breath. 

Drug driving has also been a statutory road traffic offence in Ireland since the introduction of the Road Traffic Act in 1961. However, a new offence was created by the Road Traffic Act 2016, which occurred on 13 April 2017 by prohibiting driving while under the influence of certain drugs. Currently, there are three specified drugs, namely, cannabis, cocaine, and heroin. Under the Act 2016, Garda Siochana (the Irish police) has powers to conduct preliminary drug tests on roadside oral fluid.

In Ireland, drivers are classified into three categories: learner, novice and professional. The BAC limit for all ordinary drivers stands at 50 milligrams. For the learner, novice (newly qualified experienced drivers holding a license under two years), and professional drivers (those who drive buses, lorries, work vehicles and other public service vehicles), the BAC limit is 20 mg. 

The Road Traffic Act 2006 vested powers on the Gardai to conduct mandatory random breath testing at authorised alcohol testing checkpoints. This removed the need to form an opinion over whether the driver concerned was under the influence of alcohol. Breath tests can be administered elsewhere only if Gardai has reason to believe that the driver is under the influence, has been involved in an accident, or has committed a traffic offence. After the enactment of Road Traffic Act No. 2 of 2011, Gardai must carry a preliminary breath test on drivers who are believed to have consumed alcohol or been concerned in a collision. A driver who refuses to take an initial breath test can be arrested without a warrant and must undergo an evidential breath, blood, or urine test at a Garda Siochana. Preliminary tests taken at the roadside are not, however, evidentiary tests. Instead, a further blood or urine sample must be taken and sent to MBRS for evidential testing. A refusal to provide a selection attracts automatic disqualification for four years. A subsequent refusal may result in a 6-year disqualification. 

The latest amendment to Road Traffic Act 1961 is the Road Traffic Amendment Act 2018, enacted on 26 Oct 2018.  The Act 2018 did not change the legal limits for drunk driving. Instead, it introduced a new penalty scheme with stricter penalties for drunk driving at lower BAC levels without the driver appearing in court proceedings. In addition, it increased the administrative penalties previously introduced by the Road Traffic Act 2010. Thus, a driver whose BAC levels are below 100 milligrams of alcohol per 100 millilitres of blood and has not faced previous disqualifications from driving or has not availed the option of an administrative fixed penalty within the preceding three years is entitled to walk off with a fixed charge without making court appearances. Additionally, drunk driving charge results in disqualification from driving for a minimum of 3 months and a fine of €200. However, ordinary drivers with a BAC above 100 mg and specified drivers with a BAC above 80 mg are not eligible for the fixed penalty charge.

If the fixed penalty is not paid, court proceedings will be initiated, and the driver will be penalised upon conviction.

In Ireland, penalties for drunk driving depend on a combination of factors; classification of the driver, BAC levels detected, and whether it is a first offence or otherwise. First, drunk driving offenders with a BAC not exceeding 80 mg shall face a 6 months disqualification. First offenders within the 80-100 mg BAC range are penalised with a one-year disqualification. A first drunk driving offence with a BAC above 100+ to 150 mg results in 2 years of disqualification, while BAC levels above 15 mark in a minimum of 3 years. Second or subsequent offences are penalised with twice the disqualification period stipulated for a first-time offence.

In Ireland, drunk driving convictions are generally penalised with mandatory automatic disqualification from driving. Disqualification from holding a driving license usually lasts at least three months. In addition to disqualification from driving, convicted drivers would face fines up to 5000 and/or 6 months of jail time. In section 4(5) of the Road Traffic Act 2010, the district court can impose a maximum penalty of €5,000 as a fine or 6 months of jail time or both for a drunk driving offence.