Convictions in Court
If you have been charged with an offence of drink or drug driving in Ireland and you have either pleaded guilty or been found guilty in a Court of law, you will be convicted of that offence. The judge will then direct what sentence you will receive upon being convicted.
If you are convicted of drink or drug driving, this will form part of your criminal record which can have many consequences going forward. However, as with most areas of the law, there are exceptions to the general rule. Continuing reading below to discover the full effect of what it means to be convicted of drink or drug driving in Ireland.
Exception
In certain circumstances, drink driving offences are dealt with by what is known as a ‘fixed penalty notice’. This is an alternative method to penalise someone without the need to go to Court. Whether or not this procedure is available to you is dependent on the concentration of alcohol in your blood, breath or urine and the prescribed limits differ for specified or non-specified persons.
In the case of specified persons, a fixed penalty charge is applicable when the concentration of alcohol did not exceed:
- 80mg of alcohol per 100ml of blood;
- 107mg of alcohol per 100ml of urine; or
- 35mcg of alcohol per 100ml of breath.
There are two categories where a fixed penalty notice will be applicable to non-specified persons. Category 1 is applicable when the concentration of alcohol did not exceed:
- 80mg of alcohol per 100ml of blood;
- 107mg of alcohol per 100ml of urine; or
- 35mcg of alcohol per 100ml of breath
Category 2 is applicable when the concentration of alcohol exceeded:
- 80mg but did not exceed 100mg of alcohol per 100ml of blood;
- 107mg but did not exceed 135mg of alcohol per 100ml of urine; or
- 35mcg but did not exceed 44mcg of alcohol per 100ml of breath.
If you are served with a fixed penalty notice and you choose to accept same, you will have avoided being prosecuted in the criminal courts, thus avoiding a conviction. However, you will have to pay a fine of €200 in the case of a specified person and a category 1 non-specified person. Both will also be disqualified from holding a driving licence for a period of three months. Non-specified persons in category 2 will have to pay a €400 fine and will be disqualified from holding a driving licence for a period of six months. You do not have to accept the fixed penalty notice and can choose to contest it. If you are successful, you will not be disqualified from driving nor will you have to pay any fine. (1)
Is there any way to avoid a criminal record in drink or drug driving cases?
We have just discussed the fixed penalty notice above and that is one sure fire way to avoid a criminal record as if you accept your fixed penalty notice, pay your fine and obey your disqualification order you will not receive a criminal conviction, thus keeping your record clean.
However, if you are not eligible to receive a fixed penalty notice as perhaps the concentration of alcohol in your system was too high, there is only one other route open to you to avoid a criminal record. That is, you will have to contest the prosecution’s case against you and more importantly, you will have to be successful. This means you will have to plead not guilty when you are charged with the offence and you will have to be found not guilty when your case comes before the Court. If you can avoid a conviction, you will avoid a criminal record.
What are the consequences of a criminal record for drink or drug driving?
As we have seen, if you are convicted of drink or drug driving, you will be disqualified from holding a driving licence for a specified period of time. This can have a very negative effect on one’s ability to work and earn a livelihood especially if you depend on your car to get to and from work or for work itself. There are also many professions which require prospective employees to be garda vetted and having a criminal record may negatively affect that process and in turn affect a person’s job prospects.
However, it is not just employment that can suffer as a result of having a criminal record, it can affect your insurance cover as well as your ability to apply for visas for some countries. For example, being convicted of a criminal offence usually renders one ineligible for ESTA when trying to travel to the United States (2).
Does a criminal record for drink or drug driving ever go away?
It is possible for certain convictions to be removed from your record after a specific amount of time has passed and this is provided for under the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4). Under this act, convictions in the District Court for motoring offences (save for dangerous driving convictions) become spent after 7 years once the convicted person has complied with the sentence or the order imposed.
How can I avoid a criminal record if I have been charged with drink or drug driving?
The only way you can avoid a criminal record is by successfully defending the case against you in Court, thus avoiding a conviction. If you have been charged with drink or drug driving and are concerned about having a criminal record, contact Daniel Kreith & Co. Solicitors today for more information.
