I've Been Charged with Drink Driving – What Happens Next?

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Panic after a drink driving charge in Ireland? This guide explains what happens next — court dates, possible outcomes, and how to take control — in clear, simple language with real Irish examples.

Your heart is racing, your mind is spinning, and you can't think straight.

That’s normal.

You’ve just been charged with drink driving and it feels like your whole world is collapsing. You’re ashamed. You’re terrified. You’re worried about losing your job, your licence, and the respect of your family.

You might be reading this in your car. Or alone in the kitchen at 2am. Or after a long walk trying to make sense of it all.

This blog is for you.

Let’s take it step by step — no legal jargon, no scare tactics — just the truth. Here’s what happens next.

Step 1: You’ve Been Charged. What Does That Mean?

You’ll either be handed a charge sheet at the Garda station or you’ll receive a summons in the post weeks or even months later.

• A charge sheet means Gardaí believe they have enough evidence now — usually because you gave a breath sample at the station and it came back over the legal limit.

• A summons happens when the Gardaí are waiting on blood or urine results from the lab. It might arrive long after the night in question.

“Judges are not supposed to judge you on your appearance,” 

I once wrote,

“but trust me, they do.”

Either way, it’s just an allegation — not a conviction. You haven’t been found guilty. You still have rights, and you still have options.

Step 2: Your First Court Date

You’re probably picturing something dramatic: Gardaí giving evidence, a judge banging a gavel and shouting at someone.

That’s not what happens.

The first court date is purely procedural. It lasts about two minutes.

There’s no trial, no evidence, no decision. It’s just about asking: Has disclosure been served? In other words, has the Garda given your solicitor the file — the evidence they plan to use against you?

But don’t think it’s a box-ticking exercise.

The judge is watching. And they’ll remember how you showed up — or if you didn’t.

“Judges are not supposed to judge you on your appearance,” I once wrote, “but trust me, they do.”

So, show up. Dress well. Be early. Make a good first impression. Because that impression can last.

Step 3: Will I Go to Jail?

If this is your first time being charged with drink driving, jail is extremely unlikely.

Most first-time drink driving cases in Ireland don’t result in a prison sentence. Unless there’s been a serious crash or someone was injured, the punishment is usually a driving ban and a fine.

But if this is your second or third time, the situation is much more serious.

As I wrote elsewhere:

“Once is happenstance. Twice is coincidence. Three times is enemy action.”

And the third time? You’re in the crosshairs. The judge may see it as a message:

“I don’t care about the law. I’m going to drink and drive anyway.”

Step 4: How Many Times Will I Have to Go to Court?

Most drink driving cases go through at least three stages:

1. First appearance: Judge checks if Garda file is ready and that you’re in court.

2. Second date: Your solicitor confirms if you’re pleading guilty or not guilty.

3. Trial date: If you plead not guilty, this is the hearing day.

But here’s the truth: things rarely run that smoothly.

Sometimes Gardaí are sick. Witnesses are on holidays and nobody told them about the hearing date. Files go missing. I once had a case adjourned five times across three years — all before it was even heard.

So, expect delays. And be patient.

Step 5: What Are My Options?

You might think, “Well I failed the test. There’s no defence.”

But drink driving law in Ireland is built on strict procedures. Gardaí must follow the law, sometimes to the letter. If they don’t — even slightly — the case can fall apart.

Here are just a few things that can collapse a prosecution:

• You weren’t observed for 20 minutes before the breath test.

• The breath machine printout is missing or unreadable.

• Your caution wasn’t properly given.

• The State couldn’t prove the time that you drove (or had an accident)

Real example: A man told me he had wine, failed the test, was stopped driving by the Gardai and thought it was hopeless. But Gardaí hadn’t observed him properly before the station test. The case was thrown out.

Step 6: Should I Plead Guilty?

Not until you’ve seen the evidence. That would be insane.

Sometimes the case is weak. Sometimes it’s missing documents. Sometimes there’s a defence you don’t even realise exists.

And even if you’re planning to plead guilty, there’s often a better time to do it. Rushing in rarely helps.

Step 7: Will People Find Out?

In most cases, no.

Unless something unusual happened — a crash, a chase, a public figure — most drink driving cases aren’t reported. Even if they are, they often go unnoticed.

That doesn’t mean it won’t affect your life. But it might not be as public as you fear.

"A man told me he had wine,

failed the test, was stopped driving by the Gardai

and thought it was hopeless.

But Gardaí hadn’t observed him properly before the station test.

The case was thrown out"

Step 8: What Should I Do Right Now?

You can’t undo what happened. But you can take control of what happens next.

Here are three immediate actions that will help:

1. Get a solicitor who defends drink driving cases. Most criminal lawyers do.

Not every solicitor understands how technical these cases are. Get someone who deals with them every week. There are many good ones around the country.

2. Write down everything you remember.

Where you were. What you drank. What Gardaí said and did. The timeline. The little details often become critical months later.

3. Stop panicking.

You’re not the first to go through this. You won’t be the last. Many people win their cases.

Many others manage outcomes far better than they feared.

And remember:

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

And everybody wants to drive home.