Can you go to Jail for Drink or Drug Driving in Ireland?

The short answer is yes you can, however, it is not a guarantee!

Legislation

If a person has been convicted for drink or drug driving in Ireland, the Court, under the relevant legislation (1) may impose a monetary fine or a term of imprisonment or both. But generally speaking, imprisonment is the exception and not the norm. It is usually reserved for repeat offenders or for offences that are particularly severe.

In certain circumstances, you are required by law (2) to provide a preliminary breath specimen and if you refuse or fail to comply with this requirement, you are leaving yourself open to a prison sentence. So, it is important to remember that it is not just the act of drink or drug driving that may result in a term of imprisonment!

Is a prison sentence mandatory?

Prison sentences are not mandatory for drink or drug driving offences and instead are just a possibility! This is because the relevant legislation states that the Courts may impose a term of imprisonment, not that the Court’s must impose a term of imprisonment.

Since 2011, the law has taken it one step further (3) as the Courts are now required to consider imposing a community service order in lieu of a term of imprisonment if that term is for a period of twelve months or less. Under the Road Traffic Act, 2010 (4) , if you are convicted of drink or drug driving, a maximum prison term of six months may be imposed and so the Courts are required to apply the above principle and consider imposing a community service order in lieu of that prison term.

When do people get prison sentences?

​​It has been said that the legislature did not enact that all drunken drivers be sent to prison and that the Courts have a wide discretion when determining these types of cases as set out Attorney General v. Greene [1952] 86 I.L.T.R 31. Therefore, not every convicted offender will receive a prison sentence.

If you are a first time offender, it is very unlikely that you will get a prison sentence. Terms of imprisonment are usually handed down to persistent repeat offenders or for offenders who have been convicted of particularly serious or severe offences. Logically, this makes the most sense – severe offence equals severe penalty.

How the Judge decides if you should get a jail sentence or not?

If you have been convicted, the Court will take into account all of the mitigating and aggravating factors present in your case before imposing a penalty.

Mitigating factors are factors which may reduce the severity of the penalty that you may receive. There is no set list of what these factors may be but they usually include details of the offender’s personal circumstances, the commission of the offence, the impact of the offence, the offender’s general conduct and reaction to having committed the offence and the length of time that the offender has been driving.

Aggravating factors are the opposite. They are details of the offence which may increase the offenders culpability and which may increase the severity of the sentence imposed. Again, there is no set list of aggravating factors but the most important of these is whether or not the offender has any previous convictions, particularly for the same or similar offences. Other aggravating factors may include the level of alcohol or intoxicant in the offender’s system, refusal to provide a breath, blood or urine sample when required and if the offender caused an accident as a result of the offence.

What happens if I receive a prison sentence? 

 If you have been convicted and the Court has made the decision to impose a prison sentence you will have to abide by that and will be taken into custody! This conviction will also form part of your criminal record, however, it is possible for some convictions to be removed from your criminal record in certain circumstances (please see our article on spent convictions for more information).

Undoubtedly, undergoing a prison sentence is a daunting and scary experience but all hope is not lost as you have the right to appeal against your term of imprisonment (5). If you decide to appeal, the District Court Judge must grant bail on condition of entering into a recognisance and the party in custody will be released in order to pursue the appeal.

It is best to speak to an experienced Solicitor to go through what options are available to you.

How do I reduce my chances of getting a jail sentence?

The only way to reduce your chances of receiving a prison sentence is to speak with a Solicitor who specialises in drink and drug driving cases as their expertise will give you the best defence available to you.

At Daniel Kreith & Co Solicitors, we specialise in drink and drug driving offences so if you have been charged with drink or drug driving and are worried about getting a prison sentence, contact Daniel Kreith & Co Solicitors today!