NEW: The Biggest Lies People Believe About Drink Driving Charges (And What Actually Happens in Court)- Part 2

The things people believe...

You’ve just been charged. Your head’s spinning. Someone down the pub says you’re definitely guilty. Another tells you the judge might go easy if you’ve a clean record. 

Yet another genius -and this is the most common- tells you that their friend (always unnamed) “had the exact same case as you and got off”.

Almost certainly nonsense.

For a start its impossible for two cases to be the ‘exact same’ and who are you listening to anyway?

Most probably some (pardon my language here) ‘bullshit artist’ who’s a self-professed expert on everything including the justice system.

And they’ve almost certainly never set foot inside a court.

Ever.

And you’re listening to them?

You need your head examined.

Stop.

Before you make a single decision, here are the biggest lies people believe about drink driving charges in Ireland—and the truths that could save your licence.

1. “I failed the breathalyser, so I’m automatically guilty.”

Wrong.

Failing the breath test doesn’t mean you’re legally guilty. It just means the Gardaí now have evidence they’ll try to use against you. But a conviction still depends on strict legal proofs—timing, procedures, documents, observations, evidence.

In one case I defended, the reading was very high, more than 4 times the limit. But the Garda had skipped a critical step in the station. The case was dismissed.

The judge doesn’t ask: “Did they fail?”

They ask: “Has the case been proven beyond reasonable doubt?”

"They’ve almost certainly never set foot

inside a court.

Ever.

And you’re listening to them?

You need your head examined"

2. “It’s my first offence, so I won’t be disqualified.”

Also wrong.

Drink driving carries a mandatory disqualification, even for first-time offenders. There is no warning, no ‘slap on the wrist’. If you’re convicted, you will be disqualified.

If convicted, the judge must ban you—minimum 12 months, often 2 years or more.

The length of the disqualification is dependent on the level of alcohol in your system. The higher the reading the higher the disqualification.

The only way to avoid disqualification?

Avoid conviction. That’s what a defence is for.

3. “All solicitors handle these cases the same way.”

No, and it’s not even close.

Some lawyers plead people guilty at the first opportunity. Others—like me—treat every case as potentially winnable.

I’ve defended dozens and dozens of drink driving prosecutions over the years.

Over 95% of them are fought by me personally.

No junior staff. No handoffs.

4. “The judge might take pity because I care for a sick parent or child.”

Judges don’t disqualify based on sympathy. They disqualify if they convict

Even if you’re a carer. Even if it will ruin your job or family life. Judges regularly say: “My hands are tied. The law leaves me no discretion.”

This is a signal that even though they may feel sorry for you, they must disqualify you if they convict you. 

Unless there's a legal reason to dismiss the charge, your circumstances won’t save your licence.

What will? Creating doubt in the case.

"If you're serious about keeping your licence,

you need legal strategies—

not relying on the sympathy vote"

5. “I’ve never been in trouble before, so the judge might go easy?”

Clean record? Good. But it doesn’t stop disqualification.

Judges will note your background. They may reduce the fine. But they cannot skip the driving ban just because you're a decent person who made a mistake.

A judge once told my client:

“You’re clearly a good person. But the law is the law and there’s nothing I can do about it”

6. “The breathalyser reading is always accurate.”

Not always.

Breath machines can be precise—but only if used correctly. There are rules about observation periods, timing, paperwork, and operator training. Miss one?

The whole result can be ruled inadmissible.

That’s not a loophole. That’s the law.

7. “The court might give me a chance to explain myself.”

They might—but it won’t change the outcome if you’re convicted.

You’re not on trial for being a good person. You’re on trial for a drink driving offence. The court process isn’t a chat. It’s a legal test.

And emotional appeals don’t work.

If you're serious about keeping your licence, you need legal strategies—not relying on the sympathy vote.

8. “The Guards are out to get me”.

No, they’re not.

This is quite a common paranoia, but like all paranoia’s its complete gibberish. The Gardai are not out to get you. I know you’re the star of your own universe, but the local constabulary are barely aware you even exist, much less involved in a shadowy conspiracy to destroy your life.

Shocking, I know.

If you choose to drive after having drank and the Gardai spot you and arrest you, it doesn’t mean “they’re out to get you”. It means they’re doing their job.

I criticise Gardai as much as anyone (because I want the organisation to improve) but the vast majority are good human beings who take no joy in someone being prosecuted and disqualified from driving.

That’s a fact.

"The Gardai are not out to get you.

I know you’re the star of your own universe,

but the local constabulary are barely aware

you even exist,

much less involved in a shadowy conspiracy

to destroy your life"

You know what I see a lot of around the country every day? Gardai consoling people who have been arrested for drink driving and then sometimes driving them home afterwards.

No one speaks about this but its true.

Now you do not -contrary to the drunken ramblings of idiots who demand this at night-time- have ‘a right’ to be driven home in a patrol car. Yes, some morons believe this.

Gardai are not a taxi service. But sometimes they perform this task for people that they feel sorry for.

Here’s another fact: a very large percentage of Gardai are very decent and fair.

I’m not allowed to tell you that but its true.

You’re not in court every day of the week across the country and don’t see this.

I am and do.

It’s a sort of ‘kindness’ and it’s lovely to see.

I’ve always said it, but it bears saying again: the only thing separating civilised society from total anarchy are the Gardai.

So no, you’re not in their crosshairs.

Final Thought

Don’t make decisions based on myths.

You don’t get a second chance to defend yourself.

After all, it’s the choice between going off the road or driving home.

And everybody wants to drive home.

So, choose wisely.