Drink Driving FAQ’s- Part 1

Introduction (for Part 1 of 4)

If you’ve just been arrested for drink driving in Ireland, you probably feel overwhelmed, ashamed, and unsure what to do next. 

You’re not alone.

Every day, people in your position type the same questions into Google and ChatGPT—hoping for clear, honest answers.

And that’s what this series is here to give you.

Over four blog posts, I’ll walk you through the 20 most common questions I hear from clients, friends of clients, and even total strangers who’ve never dealt with the law before.

These are the real questions—unfiltered and often asked in panic. Questions like:

• Will I lose my licence?

• Can I keep driving until the court date?

• What happens if I just plead guilty?

You’ll get the answer to each one in two lines or less. No legal waffle, no scare tactics. Just the truth—delivered plainly.

In time, I’ll expand this series to cover even more questions. But for now, here are the first five:

1. Will I Lose My Licence for Drink Driving in Ireland?

Answer: Yes—if you're convicted, the disqualification is automatic. The only way to keep your licence is to avoid a conviction.

So you have to work backwards from the point of conviction (at the end) to some part of the evidence where your lawyer can raise a doubt in the judge's mind.

If you can do that you win.

2. Can I Beat a Drink Driving Charge Even If I Failed the Breath Test?

Answer: Yes. Gardaí must prove the case correctly—breath test alone isn't enough.

These cases are heavy on procedures, law and the fundamental element of "fairness". Most judges want to see that the process was fair. If what occurs is not, they may choose to dismiss the case, even if you were legally over the limit.

3. What Happens Next After a Drink Driving Arrest in Ireland?

Answer: You’ll get a court date and can still drive until convicted.

You can drive as long as you have insurance and are not disqualified.

4. How Long Will I Be Off the Road If I’m Convicted?

Answer: Between 3 months and 4 years, generally depending on alcohol level and past convictions.

Again, that's if you lose. I never, ever get into these cases preparing for the worse. Ever. I get into them with the firm belief that we are going to win.

When you have that mindset, that refusal to accept defeat, and when you work with the best barristers in the country, there are very few cases that cannot be won.

5. Is There Any Way to Keep My Licence After Failing a Breath Test?

Answer: Yes—if the case is dismissed, you keep your licence.

Failing a roadside breath test will get you arrested. That's guaranteed. But then you have to provide a blood, urine or breath test back in the station. You might still pass this scientific test. If you do you walk away free.

Even if you fail here too, there's a long road ahead. And the longer the road the greater the chance that things can go wrong for the State, not necessarily you.

Conclusion.

Stay positive and never stop fighting.

I don't.