What Happens in Court for Drink Driving in Ireland?

Drink Driving Court Process in Ireland: What to Expect

One of the most common questions I’m asked is: what actually happens in court for drink driving?

Most people I meet have never been arrested before. The thought of going to court leaves many feeling petrified.

If that’s you, you’re not alone.

The good news? If you have a solicitor, they’ll do the talking for you. Here’s what to expect.

"Sometimes -not often- cases simply

don’t get reached due to the length of

the court list that day. This is a ‘system failure’

i.e. it is not the fault of the prosecution or courts service"

Summons vs Charge Sheet

After your arrest, you’ll either receive:

• A summons: usually delivered to your home months later. It sets out the offence, the date, and where you must attend court.

• A charge sheet: handed to you when leaving the Garda station. It’s immediate and comes with a recognisances form (a written promise to attend court). If you refuse to sign, you won’t be released — you’ll be kept overnight and brought to court the next morning.

Both documents are allegations only, not proof. Only a judge can decide if you’re guilty.

Why the Difference?

It depends on the type of specimen:

• Breath test: Results are instant. If you’re over the limit, you’ll usually get a charge sheet with a court date within 30 days.

• Blood or urine test: Samples go to the Medical Bureau of Road Safety for analysis. Because the result takes weeks, you’ll be released and later served with a summons — often months down the line.

"If you’ve received a summons or charge sheet,

don’t panic.

These are only allegations.

The State must prove its case beyond a reasonable doubt,

and if even one doubt is created, everything can change"

The Court Process

A typical drink driving case goes through several stages:

Day 1: Your first court appearance. The case is adjourned to allow Gardaí to send your solicitor the evidence (called “disclosure”).

Day 2: You confirm whether you’re pleading guilty or not guilty.

• Guilty: the case can finish that day.

• Not guilty: a trial date is set.

Day 3: The trial. Evidence is heard, and the judge decides.

Delays and Adjournments

In reality, three dates can turn into four, five or more.

Delays happen when disclosure isn’t ready, witnesses are absent, or court lists are too long on the date of your trial.

Sometimes -not often- cases simply don’t get reached due to the length of the court list that day. This is a ‘system failure’ i.e. it is not the fault of the prosecution or courts service.

I once had a case in Blanchardstown that stretched over three years with three trial dates, each adjourned for reasons outside the client’s control.

That’s unusual, but it shows how unpredictable court can be.

The Bottom Line

For most people, a drink driving case involves 3–4 court dates before it’s finally resolved. While the process can be slow and stressful, having an experienced lawyer means you’re not facing it alone.

So if you’ve received a summons or charge sheet, don’t panic.

These are only allegations.

The State must prove its case beyond a reasonable doubt — and if even one doubt is created, everything can change.

So, you have choices.

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

And everyone wants to drive home.

___________________________

FAQ's

How many times do you go to court for drink driving in Ireland?

Most cases take at least 3 court dates: the first appearance, a second date to enter your plea, and the trial. But delays or adjournments can push this to 4–6 dates.

What happens if I don’t turn up to court for drink driving?

If you miss court, the judge will almost certainly issue a bench warrant for your arrest.

If you signed a recognisances form at the Garda station, not turning up counts as breaking your promise to the court.

What’s the difference between a summons and a charge sheet?

Not much. A summons usually arrives months after your arrest, telling you when and where to attend court.

A charge sheet is given to you when leaving the Garda station and comes with a recognisances form (a promise to attend court).

Do I need a solicitor for drink driving court in Ireland?

Yes. While you can attend without one, having a solicitor means the legal arguments are handled for you, and you won’t be left to speak in court alone.

Are summonses or charge sheets proof of guilt?

No. They are only allegations.

Proof of guilt can only come from a court after hearing evidence.