NEW: She Told Gardaí She’d Been Drinking — So Why Did the Judge Dismiss Her Case?

Most people think that if you admit to drinking, the case is over.

But that’s not how Irish drink driving law works — and this case proves it

(Meta title: Why Admitting to Drinking Doesn’t Always Mean You’re Guilty: Real Case, Real Outcome)

The Story

My client was driving home late one night. She crashed into a telephone poll. The Gardai arrived to the scene.

In evidence the Garda said that she “had collided with [the ESB pole] with enough force… to knock over the ESB pole and drive it approximately 15 feet from its mounted place”

She admitted, quite honestly, that she'd had a couple of drinks in the pub.

The Garda arrested her for drink driving, took her to the station, and asked her to provide a specimen.

She apparently wouldn't. As the Garda put it: "she refused to blow into the machine. I again explained through the interpreter that she was required to give a sample of breath through the machine”.

They charged her with refusing to provide a sample — an offence that carries an automatic 4-year disqualification.

But something didn’t sit right with me.

"She refused to blow into the machine.

I again explained through the interpreter

that she was required to give

a sample of breath through the machine”.

What Most People Miss

Refusing to provide a sample sounds simple. You either give it — or you don’t.

But the law is more subtle than that.

There’s a legal requirement for an interpreter to be present if someone doesn’t fully understand English.

The State must prove, beyond a reasonable doubt, that the person knew what was being required of them and deliberately refused.

In this case, the Garda used a phone interpreter at the station i.e. an interpreter was called over the phone rather than attend the station.

But at the trial? That interpreter was never called to give evidence.

The Result

I challenged the State on the basis that they couldn’t prove my client had understood the legal warning she was given — or that she knowingly refused the test.

The judge agreed.

The case was dismissed.

Why It Matters

This wasn’t a loophole. It wasn’t luck.

It was the law — applied properly.

Too often, people are told they have no chance. That the reading is all that matters. That if you admitted drinking, you’re done.

But that’s not true.

There are legal requirements in every drink driving case that Gardaí must follow. If one is missing — just one — the case may fall.

That’s not being clever. That’s making sure the system follows its own rules.

______________________

You’re not guilty just because you were arrested.

You’re not doomed just because you admitted to having a pint.

And if someone tells you your case can’t be won — get a second opinion.

Because it might make the difference between going off the road or driving home.

Driving home sounds nice, right?