Drink Driving

Law:

The legal limit for alcohol in breath is 35 Micrograms of Alcohol per 100 millilitres of breath.

The legal limit for alcohol in blood is 80 milligrams per 100 millilitres of blood.

The legal limit for alcohol in urine is 107 milligrams per 100 millilitres of urine.

Offences involving alcohol and driving are encapsulated within Section 5 of the Road Traffic Act 1988.

It is an offence under Section 5(1)(a) for a person to drive or attempt to drive a motor vehicle on a road or other public place with excess alcohol in the breath, bloor or urine. This offence carries a minimum 12 month disqualification from driving. Repeat offenders face lengthier disqualifications and the prospect of custodial sentences.

It is also an offence to be found “in charge” of a motor vehicle on a road or other public place with excess alcohol in your breath, blood or urine. Being found in charge usually involves the accused of being found in the driver seat of a car with the keys in the ignition. This offence carries a minimum 10 penalty points endorsement as well as a discretionary ban.

Our solicitors have successfully represented clients who have been charged with this offence and have been faced with the possibility of a custodial sentence. Our experienced solicitors have successfully navigated the law around drink driving and mitigated on behalf of the clients at Court to avoid facing a custodial sentence for repeat offenders.

It is important for the Courts to understand your personal circumstances, hear why this offence was committed, and whether any “special reasons” apply. In certain circumstances a person is guilty of this offence and has to accept this in Court. Our expert mitigation at Court means that your sentence could be reduced and a lengthy ban could be avoided for repeat offenders or offenders who are excessively over the prescribed limit.

If you have been charged with this offence and summoned to Court, contact us immediately to discuss your matter.