If it is your first time being charged with a drink or drug driving offence, there are two avenues open to you. You can either plead guilty and face the appropriate penalty or you can opt to contest the charges against you. If you do decide to fight your case, you will receive disclosure from the gardai which is all of the evidence against you to support the charges. Subsequently, a trial date will be scheduled, at which point the gardai will present their evidence in support of the prosecution and you will have the opportunity to put questions to them to undermine their case. Ultimately, the Judge will make their determination based on the presented facts before them.
Does it make a difference if this is the first time I have been charged with drink or drug driving?
Yes and no. If it is your first offence, this will not affect whether or not you are convicted if found guilty, but it may affect the severity of the penalty that you receive. When faced with charges relating to drink or drug driving, you will inevitably find yourself subject to a disqualification order if convicted. This is a court order which bans a person who has been convicted of an intoxicant-related offence from holding or applying for a driver’s licence for a set period of time.
Regardless of whether it is your first time being convicted of drink or drug driving, or your fifth time, you will be the subject of a disqualification order. This is because the relevant legislation provides that all convictions for drink or drug driving offences result in a mandatory disqualification from driving. (1).
The duration of your disqualification period is generally determined by the level of intoxicant in your system at the time of the offence. Additionally, the Court will consider whether or not this is your first offence. For example, if you are caught drink driving, but the level of alcohol in your system falls below a specific threshold, you will be issued a ‘fixed penalty notice’ instead of being summoned to appear in Court. Should you opt to accept the fixed penalty notice, the period of your disqualification from driving will span three months for specified persons and extend to six months for non-specified persons. (2).
Moreover, drink or drug driving offences that necessitate proceedings in the District Court come with a mandatory disqualification order, which imposes a minimum period of six months. This disqualification period can extend up to six years. The ultimate duration of disqualification is contingent upon various factors, including the level of intoxicant present at the time of the offence, the severity of the offence, and whether or not it constitutes your first offence.
Does this mean that I will avoid a disqualification?
No, it is not a matter of possibly avoiding a disqualification but instead a matter of how long your period of disqualification will be. If you are found guilty or if you have plead guilty to an offence of drink or drug driving. You will be disqualified from holding a driver’s licence and from applying for one. This penalty is mandatory and unavoidable if you are convicted.
A disqualification order can significantly impact your daily life, with possible negative consequences on your employment, family responsibilities and personal circumstances. If you are concerned that you might be subjected to a disqualification order, it is important to consult with a Solicitor who specialises in drink and drug driving offences who can provide legal advice tailored to your specific situation.
Does this mean I will avoid prison?
When a Court convicts an individual of drink or drug driving, it has the power to commit that person to prison (3). Custodial sentences, unlike disqualification orders, are not mandatory, and it will therefore only be imposed if the Court considers it appropriate to do so.
The imposition of a custodial sentence is more uncommon than it is typical as imprisonment is the most severe punishment available to the Court under the relevant legislation. With that in mind, it makes sense that imprisonment is generally reserved for either repeat persistent offenders or for cases where the offence is particularly severe.
If this is the first time you have been convicted, it is very unlikely that you will go to prison. It is more common that you would receive a fine as well as the mandatory disqualification order.
If you are facing your first drink or drug driving charge it is crucial to seek professional guidance from experts in the field. At Daniel Kreith & Co. Solicitors, we specialise in handling such cases and have a proven track record of success. Please contact our office today to secure the best possible resolution for your case.
