NEW: Part 2: More Common Drink Driving Questions in Ireland- Drink Driving FAQ’s

Patrick Horan
3 days ago
4 min read

This is Part 2 of a four-part blog series answering the 20 most common drink driving questions in Ireland.

(In this second part of the series, we focus on what happens in court—what to say, how long it takes, and whether Garda evidence can be successfully challenged).

6. Do I need a solicitor for a drink driving case in Ireland?

Yes. A conviction means disqualification and a criminal record. A solicitor can challenge the evidence and protect your rights.

Gardaí make mistakes (who doesn’t?) A good solicitor knows where to look.
You’ll need help identifying any weak points in the prosecution’s case.
Representing yourself is lunacy.
Even non-criminal lawyers wouldn’t dream of representing themselves for a drink driving charge.
Remember: this isn’t a fine—it’s your licence and your future.
It took a lot of effort to get your licence. Its worth fighting for.

"Judges place a huge reliance on “fairness”.

This overrides almost every other consideration,

even the law"

7. What should I say in court for drink driving?

Nothing until you get advice.

Saying the wrong thing can hurt your case. A solicitor can speak for you. Plus, the judge doesn’t actually want to hear from you. They want to hear from your lawyer. There's a reason for that:

Many people panic and try to explain themselves—this often backfires when they blurt out something the judge cant “unhear”.
Judges listen for credibility and legal arguments, not emotion.
You may think you’re helping your case when you’re actually confirming key facts for the prosecution.
Judges place a huge reliance on “fairness”. This overrides almost every other consideration, even the law. They want to make sure that you are represented because that is the fair thing to do. And they have to protect you against the overwhelming power of the State.
They will strongly -I cant emphasise this word enough- advise you to seek legal representation. But if you refuse, there’s nothing they can do about that.

8. How long does the court process take for drink driving?

Anything from 1 month to 1 year or more.

This depends on where in the country you are. You will definitely have more than one court appearance.

First appearance is procedural.
The prosecution might not have disclosure ready on Day 1.
Hearings are adjourned to allow for full preparation and challenge.
In some parts of Dublin I’ve had cases that come into court in early January and get assigned a hearing date in May the following year i.e. 17 months later.

"You are looking for “a doubt” from the judge.

If the judge has a doubt about the evidence

they must give the benefit of the doubt to you, not the State.

That doesn’t mean they don’t believe the Garda or they suddenly believe you.

It just means that they are not sure, beyond a reasonable doubt,

that every aspect of the prosecution case has been proven"

9. Will the judge believe me if I only had one drink?

Why? Do you plan on giving evidence?

In 95% of my cases I never ask my clients to give evidence. And that means the prosecution cannot ask them to give evidence either.
There's a perfectly good reason for this: if you’ve been drinking you automatically lose credibility in the eyes of the judge as an accurate witness of events.
After all between someone who was drinking and someone who wasn’t, who would you believe?
Besides, even if your lawyer did decide to ask you to give evidence, the prosecution would immediately focus on your blood-alcohol reading.
You’d say you only had “one or two drinks” and the prosecution would counter by saying something like, “are you saying that a reading of almost 4 times the limit was due to one or two drinks? You had a lot more than that”.
Your evidence is entirely taken up with how much you drank, rather than the facts of the case. All the while your credibility is slowly draining away.
In short a bad idea.

10. Can the Garda’s evidence be challenged in court?

Yes. Every part of the case—from the stop to the station procedure—can be examined and contested.

Gardaí must prove each legal element beyond reasonable doubt.
Failures in procedure (timing, caution, documentation) are more common than you think.
A good solicitor doesn’t just argue—they inspect every detail.
You are looking for “a doubt” from the judge. In other words, if the judge has a doubt about the evidence they must give the benefit of the doubt to you, not the State.
That doesn’t mean they don’t believe the Garda or they suddenly believe you.
It just means that they are not sure, beyond a reasonable doubt, that every aspect of the prosecution case has been proven.
That means a dismissal of the charge.