Can I Still Drive Before My Court Date for Drink Driving in Ireland?

Arrested for Drink Driving in Ireland? You’re Still Allowed Drive

Short answer: Yes — you can still drive.

A lot of people panic after a drink driving arrest.

They assume they’ve already lost their licence.

They think the Gardaí have the power to ban them immediately.

They believe their first court date will be the trial — and that disqualification will happen that very day.

All of that is wrong.

Here’s why.

"If you’ve been arrested and

received a summons that

doesn’t mean you’re guilty.

It means you’ve been accused of

breaking the law.

Nothing more"

Being ‘arrested’ or ‘charged’ is not the same as being ‘convicted’

If you’ve been arrested and handed a charge sheet — or received a summons in the post — that doesn’t mean you’re guilty.

It means you’ve been accused of breaking the law. Nothing more.

In Ireland, only a judge can disqualify you from driving.

Not the Gardaí.

Not even the evidence against you — until a judge hears it and decides.

It is true that in some cases you can be disqualified if you pay a fixed penalty notice, but this only applies to a small percentage of these cases.

If you receive a summons or charge sheet, only a judge can disqualify you.

Until that conviction happens (and it will be months away) you are still legally entitled to drive.

As long as your insurance is valid and no judge has imposed a disqualification, you remain a licensed driver.

So why do so many people stop driving after they’re charged?

Because they assume the worst.

They think the first court date is the trial.

They think they’ll be banned immediately.

They think that it means they’re already off the road.

But unless a judge has specifically disqualified you — and you’d know if that happened — you're still allowed to drive.

How the court process actually works

Drink driving cases don’t get decided in one day.

They unfold over several court dates — and often several months.

Typical timeline:

• Day 1: First court date. The judge usually adjourns the case and directs that disclosure (all Garda evidence) be provided to your solicitor. No trial takes place this day.

• Day 2: Second appearance. The judge asks if you're pleading guilty or not guilty. If guilty, the case can be finalised. If not guilty, the case is adjourned for trial.

• Day 3: The trial date. This can be months later, depending on court backlogs.

Q: So I’m allowed to drive while I wait for court?

A: Yes — unless you’ve already been disqualified by a judge.

That’s three separate court appearances minimum, often over a span of 6–10 months.

You can still drive throughout this process — unless:

• You plead guilty and are disqualified at the second appearance

• A judge disqualifies you for another reason (very rare)

• You were already disqualified at the time of your arrest

If you want a detailed breakdown of this timeline, I’ve explained it step-by-step in my post:

👉 [What Happens in Court for Drink Driving? https://www.phoransolicitors.com/post/new-what-happens-in-court-for-drink-driving

Summons vs Charge Sheet: Does it change anything?

No — both are just methods of starting a case.

A charge sheet is given immediately after arrest.

A summons usually arrives months later, especially if the Gardaí are waiting for a blood or urine result from the Medical Bureau.

Either way, you are still presumed innocent.

And you’re still allowed to drive.

More on that here:👉 [Can You Still Drive After Being Caught Drink Driving? https://www.phoransolicitors.com/post/new-can-you-still-drive-after-being-caught-drink-driving

What if I pleaded guilty already?

Then yes — the disqualification will start within 14 days of pleading guilty.

If you’re unsure, ask your solicitor or check your court order.

You need to get this right.

Driving while disqualified is an entirely separate offence — and a very serious one.

If you’re in any doubt, confirm it now.

Don’t guess.

FAQ

Q: So I’m allowed to drive while I wait for court?

A: Yes — unless you’ve already been disqualified by a judge.

Q: What if the Garda told me not to drive?

A: They might have said that on the night you were arrested (which is sensible) but once you’re sober and below the legal limit you can still drive.

Q: How long will it take for my case to be heard?

A: It varies, but 7–10 months is common. Some cases take longer depending on where you are in the country.

This is the part where fear often takes over.

You've been arrested. You feel ashamed.

You assume the worst — and stop living your life in the meantime.

But the truth is: you’re still allowed to drive.

The Gardaí might’ve charged you, but the judge hasn’t convicted you.

And that difference matters.

If you’re unsure, I’ll confirm it with you.

Call, email, or send a message today.

One calm answer is better than ten anxious guesses.

They (the State) have to get all the elements of the offence right all the time.

You just have to create one doubt in the judge’s mind.

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

And everybody wants to drive home.