Drink and Drug Driving Solicitors Ireland

Who is Daniel Kreith? 

Daniel Kreith is a very experienced Solicitor who boasts an impressive background in the legal profession. Daniel’s legal journey began when he undertook his undergraduate law degree at the National University of Ireland, Galway. Following this, Daniel embarked on a traineeship in a busy city-centre practise and sharpened his skills and knowledge when he completed his training through the Law Society in Blackhall place. Daniel is duly registered to practise law as a Solicitor through the Legal Services Regulatory Authority of Ireland.

Daniel has an array of experience in many areas of the law but he specialises in both drink and drug driving cases. His extensive expertise enables him to provide his clients with top-tier guidance and he has a demonstrated history of achieving favourable outcomes. Daniel is dedicated to serving his clients with the utmost professionalism and competence

Why would I need a Solicitor for a drink or drug driving case? 

It is strongly recommended to engage the services of an expert Solicitor for your drink or drug driving case. This is especially so considering the gravity of consequences associated with a conviction for either drink or drug driving. To begin with, you will automatically be disqualified from applying for or holding a driving licence for a specific period of time. This can have a profound impact on your daily life in various adverse ways, for example you may encounter the following difficulties:

• Difficulties in commuting to work;
• Reduced work opportunities;
• Financial consequences in the form of increased transport costs or higher insurance premiums;
• Loss of independence;
• Time management difficulties;

Furthermore, for individuals with a history of repeated offences, the potential for a prison sentence remains a very real and significant concern.

If you are convicted, this will also form part of your criminal record which can also have wide-ranging and lasting effects on various aspects of your life. Apart from the unfortunate social stigma that is sometimes attached to persons with a criminal record, many employers conduct background checks and having a criminal record can make it more challenging to secure certain jobs, especially in fields such as law enforcement and healthcare. It may also negatively affect one’s ability to secure a loan or a mortgage.

If you have already been convicted for drink or drug driving, it is possible to have this removed from your criminal record in certain circumstances. An experienced Solicitor will be able to assist you with this application should you find yourself in this situation.

Solicitors invest several years of their lives in education and ongoing training to ensure that they are experts in their chosen fields. They also have a duty to diligently represent their clients, to always prioritise their client’s best interests and to offer the most formidable defence possible. It is extremely advantageous for individuals facing drink or drug driving charges to engage the services of a Solicitor as by doing so, you are placing yourself in the best position to have your case prepared and presented by someone who has the ultimate goal of achieving the most desirable and favourable outcome. Solicitors provide invaluable legal advice which can significantly enhance an accused person’s chances of a successful resolution.

What drink and drug driving offences do Daniel Kreith & Co. Solicitors represent people for? 

At Daniel Kreith & Co, we represent people for all known drink and drug driving offences which are provided for in the relevant drink and drug driving legislation. There are four separate drink and drug driving offences under section 4 of the Road Traffic Act 2010 and they are as follows:

• 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 having proper control of the vehicle.
• Driving or attempting to drive a mechanically propelled vehicle in a public place while the quantity of alcohol present in your body is such that within three hours after so driving or attempting to drive, the concentration of alcohol in your blood exceeds the prescribed amount.
• Driving or attempting to drive a mechanically propelled vehicle in a public place while the quantity of alcohol present in your body is such that within three hours after so driving or attempting to drive, the concentration of alcohol in your urine exceeds the prescribed amount.
• Driving or attempting to drive a mechanically propelled vehicle in a public place while the quantity of alcohol present in your body is such that within three hours after so driving or attempting to drive, the concentration of alcohol in your breath exceeds the prescribed amount

Similarly, there are four separate drink and drug driving offences under section 5 of the Road Traffic Act 2010 and they are as follows:

• Being in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it) while being under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.
• Being in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it) while the quantity of alcohol present in your body is such that within three hours after so being in charge, the concentration of alcohol in your blood exceeds the prescribed amount.
• Being in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it) while the quantity of alcohol present in your body is such that within three hours after so being in charge, the concentration of alcohol in your urine exceeds the prescribed amount.
• Being in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it) while the quantity of alcohol present in your body is such that within three hours after so being in charge, the concentration of alcohol in your breath exceeds the prescribed amount.

It is an offence under section 6 of the Road Traffic Act 2010 to drive or attempt to drive, or be in charge of an animal drawn vehicle and to drive or attempt to drive a pedal cycle.

There are also ancillary offences associated with both drink and drug driving as members of the public and those suspected of driving under the influence are required to undergo random breath testing and to comply with mandatory alcohol testing and mandatory alcohol checkpoints. Please see a list of these ancillary type offences below:

• Failure to provide a breath specimen when required either at your vehicle or if brought to a garda station;
• Failure to comply with mandatory alcohol testing at a garda checkpoint;
• Failure to comply with preliminary impairment testing (without reasonable excuse);
• Failure to provide a blood sample or breath or urine specimen when brought to Garda station after arrest;
• Failure to provide blood sample or breath or urine specimen when brought to the hospital after involvement in a road traffic collision;
• Failure to comply with preliminary drug tests at the roadside or in garda stations as conducted by the Medical Bureau of Road Safety;

What areas do Daniel Kreith & Co. cover? 

Daniel Kreith & Co offer legal services that span the entire country, catering to clients from various regions and locales. We are committed to ensuring our clients have the highest quality representation and we collaborate with a network of specialist barristers who also provide nationwide coverage. This approach ensures that our clients, regardless of their location, have access to the specialised skills required to address the technical nature of both drink and drug driving cases.

When should I contact Daniel Kreith & Co. if I have been arrested for drink or drug driving? 

In the event that you have been caught drink or drug driving, it is imperative that you take swift action to safeguard your legal rights. Daniel Kreith & Co stand ready to assist at the earliest possible moment after an arrest. We are committed to providing unwavering support and guidance from the moment you have been arrested to the conclusion of your case. By contacting Daniel Kreith & Co at the earliest opportunity, you will benefit from our wealth of expertise and experience, ensuring that you receive comprehensive advice and diligent representation throughout your legal proceedings. This approach is instrumental in maximising your chances of a favourable resolution and minimizing the potential consequences associated with drink and drug driving charges. Daniel is available to his clients 24/7 and can be contacted by phone on 086-076-2191

What will a drink driving solicitor do for me?

If you have been caught drink or drug driving and have been charged with an offence contrary to drink and drug driving legislation, a solicitor will play the very important role of assisting you through the legal process.

Your solicitor will meet with you to discuss the charges and gather information about your case. This consultation will allow your solicitor to understand the circumstances of your case, assess whether there is any evidence of you driving whilst unfit through drink or drugs and evaluate whether any potential defences exist and are available to you. You will also be given initial legal advice at this stage. This will be tailored to your specific situation where you will have your legal rights explained as well as any potential consequences and what legal options are available to you.

Your solicitor will also investigate your case which will involve gathering evidence, speaking with witnesses and examining the prosecution’s evidence in an effort to identify any weaknesses or inconsistencies. This is an imperative step in coming up with a strategy to maximise the chances of you being found not guilty.

Your drink or drug driving solicitor will also engage expert Counsel on your behalf. It will be your barrister’s job, along with your solicitor, to thoroughly prepare your case for hearing and represent you in the court proceedings. This involves developing a compelling case in your defence, attending hearings and expertly advocating on your behalf.

If you are found guilty by a Judge or if you have plead guilty, your solicitor will also engage the services of a barrister to advocate for a fair and lenient sentence. This will be done by presenting mitigating factors and arguing for the most appropriate penalties.

Finally, in the event that you are not satisfied with the outcome of your case, be it with the conviction or the sentence or both, your drink driving solicitor can advise you on the possibility of appealing either the conviction or what drink driving penalties you received.

If you have been arrested for drink or drug driving and wish to engage the services of Daniel Kreith & Co Solicitors, you will be guaranteed that you will receive expert guidance and unwavering support throughout the entirety of your case.

Is drink or drug driving more serious? 

The road safety authority (RSA) have run countless campaigns against both drink and drug driving offences. Therefore, it is important to realise that both drink and drug driving are very serious and that the penalties associated with both reflect this level of seriousness.

If you are found guilty of drink driving, the penalties vary depending on the level of alcohol that has been identified within your system but it is very important to know that under the Road Traffic Act 2006, all convictions, regardless of the amount of alcohol detected in your system, result in a mandatory disqualification period from holding a driver’s licence or from applying for a new driver’s licence.

If, at the time that you were caught drink driving, the level of alcohol in your system was below a certain limit, you will be issued with a fixed penalty notice. This means that you will not have to go to Court but you will be required to pay the requisite fine and will be disqualified from driving for three or six months, depending on the amount of alcohol in your system.

If your alcohol level does not fall below that certain limit, you will have to go to Court. If you are found guilty, you will not only have to pay the requisite fine and carry out the mandatory disqualification period, but you will also be convicted which means that you will have a criminal record. If you do have to go to Court, the disqualification periods are much longer than if you are issued a fixed penalty notice. The length of the disqualification period normally range from one year to six years and are based on the amount of alcohol found within your system and whether or not it is your first offence.

Most importantly, it is vital to recognise that there is a very real possibility that a term of imprisonment will be imposed on you. This means that you can go to jail for drink driving. Prison sentences are not mandatory but they are not rare either, especially in the case of persistent repeat offenders. If you have been charged with drink driving and are concerned that there is a possibility you may be sentenced to prison, it is strongly advised that you speak with an experienced solicitor who specialises in drink driving cases. They will be able to identify any mitigating factors that are present in your case and if needs be, present same to the Court in an effort to achieve a non-custodial sentence on your behalf. Mitigating factors may include details of your personal circumstances, your reaction to having committed the offence and your general conduct.

According to the Road Safety Authority and the relevant legislation, the penalties for drug driving is the same as drink driving which illustrates that each offence is as serious as the other. If you are found guilty of either offence, the maximum penalty is the same as it would be for alcohol, namely, a fine of up to €5000.00 or six months imprisonment or both.

With particular reference to drug driving offences the penalties are as follows:

• If you are found guilty of driving while under the influence of drugs but your driving is not impaired you will be subject to a disqualification period of at least one year.
• If you are found guilty of driving while under the influence of drugs and your driving is impaired, you will be subject to a disqualification period of at least four years.

However, it is essential to note that these timelines are discretionary in nature, which means that it remains within the Judge’s power to impose a longer disqualification period if they deem so necessary. The discretion afforded to the Judge allows for a case-by-case assessment, taking into account various factors and circumstances.

It is imperative to understand that drink driving is equally as grave an offence as drug driving and legal authorities treat both actions with the same level of importance. Strict penalties and consequences are enforced for both offences and ultimately, the message is clear that whether it’s alcohol or drugs, impaired driving is a serious offence with severe repercussions.

Will Daniel Kreith attend the Garda station with me? 

Yes, if required, Daniel Kreith is available to accompany you to any Garda station across Ireland in relation to your drink or drug driving case. We understand the importance of having a knowledgeable solicitor by your side during this process. Please feel free to reach out to Daniel on 086-076-2191 if you would like him to be present at the Garda station with you, ensuring that you have the support and guidance you need throughout this matter.