Drink Driving

Yes. drink driving offences are recorded as criminal convictions. Drink driving allegations are dealt with as a “charge” and therefore a Defendant will be bailed, having supplied finger prints, DNA and photographic ID.

Any Defendant who is given the option to attend a drink drive rehabilitation course should do so as it would normally result in any disqualification period being reduced by not less than 3 months and not more than 25%:

* The potential reduction is based on a Defendant attending a drink drive rehabilitation course which is entirely at the Court’s discretion.

The following drink driving offences are ones where a driving ban is not mandatory:

• In charge while unfit;
• In charge with excess alcohol;
• Failing to co-operate with a preliminary test;
• Failing or refusing to provide an evidential specimen when not “driving or attempting to drive”;
• Failure to allow specimen to be subjected to laboratory test when not “driving or attempting to drive”.

However, the Court would normally approach matters on the basis that a ban should be imposed, unless the Defendant is able to establish a satisfactory reason for not facing disqualification. The onus is very much on the Defendant to convince the Court not to impose a ban and it should be assumed that the mere fact that the Court has discretion, does not mean the Court will be willing to exercise same.

Yes. Drink driving allegations are dealt with as a charge and the Defendant will be bailed, having supplied finger prints, DNA and photographic ID. Drink driving offences will be recorded as criminal convictions.

No further action should be taken. It is the reading at the Police Station that will be used in any court proceedings. If you pass that test, there is no basis for the Police to proceed further and you should be released immediately.

If a case is so serious that the Court believes community service is an inadequate punishment, a prison sentence is possible.

This would normally occur for breath readings of 116 and above, blood levels of 265 and above or urine of 355 and above. Prison is also the mandatory penalty for causing death by careless driving when under the influence of alcohol.

In some cases, such as drink driving or death by dangerous driving, a driving ban is obligatory. However, for other driving offences, disqualification is discretionary and it is therefore possible to avoid a driving ban if the correct mitigation is presented to the Court.

Although under the totting up procedure a driving ban is mandatory, the Court does in fact have discretion and a totting up ban can be avoided if the Court accept a submission of exceptional hardship.

Before imposing any discretionary driving disqualification, the Court will allow the motorist the opportunity to plead for their driving licence. The Court will take into account the individual’s circumstances to include the circumstances of the offence and the effect a driving disqualification would have. If the Defendant can show that having taken into account all of the information available, a driving ban would be an exceptionally harsh punishment, the Court can exercise discretion and allow the Defendant to keep their licence.