Do I Qualify for Legal Aid in a Drink Driving Case?

Do You Qualify for Legal Aid in a Drink Driving Case in Ireland?

Day 8 of 10 – Facing Court in Ireland: What You Need to Know

This is part of a 10-day series answering the most common fears people have about facing court in Ireland—particularly for drink driving and road traffic cases. If you’ve been arrested, or someone close to you has, you’re in the right place.

Yes, legal aid is potentially available in drink driving cases—but the truth is more complicated than most people realise.

Potentially.

The official rule is simple: if you can’t afford a lawyer, you’re entitled to legal aid. That’s the test.

Not how serious the charge is.

Not how likely jail is.

Just whether you can pay.

Often if judges are considering whether or not to grant a person legal aid to defend their case in court, they will insist on them filling out a “Statement of Means”.

This document sets out all of the person’s assets and liabilities and whether or not they have any financial resources that they could use to pay their own legal fees.

This statement of means is then signed and dated by the person and handed over to the judge in court.

If the judge is happy that the person’s means are insufficient, they may grant legal aid.

If they are, they may refuse. In some cases, they might “defer” the granting of legal aid until the case has concluded and may, at that stage, grant legal aid if the case was deemed to be complex or difficult.

"Often if judges are considering whether or not

to grant a person legal aid to defend their case in court,

they will insist on them filling out a “Statement of Means”.

This document sets out all of the person’s assets and liabilities

and whether or not they have any financial resources

that they could use to pay their own legal fees"

But here’s the problem: some judges apply their own test. They call it “the risk test.” 

They ask themselves, “would this person go to jail if convicted?” 

If the answer is no, they sometimes deny legal aid—even though that’s not how the law is supposed to work.

Do I fight this in court? No. Why? Because I know how judges think. I don’t fight on procedural scraps—I fight to win cases.

And you’re forgetting one more thing: judges have wide discretion on how they handle their courts.

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Just because one judge takes a view on legal aid for a particular offence, doesn’t mean that another judge will see it that way, or has to see it that way.

They have wide autonomy.

At this stage I should also point out that I don’t take legal aid cases at all for drink or drug driving offences.

These cases are complex. They require obsessive attention to detail.

There are over 700 legal cases relative to drink driving. It's a lot to focus on.

I treat every case like it’s my own driver’s licence that’s on the line.

That kind of work isn’t compatible with the volume-based model of legal aid.

That doesn’t mean you shouldn’t apply.

If you can’t afford private representation, you should absolutely apply for legal aid.

Just don’t assume it will be automatic—and don’t assume all representation is equal.

However, there are many very fine criminal law solicitors across the country -I know them- who defend these cases on the legal aid scheme.

You are in good hands with them.

"These cases are complex.

They require obsessive attention to detail.

There are over 700 legal cases relative to drink driving.

It's a lot to focus on"

Remember: if you’re convicted, you will be disqualified. That’s a fact.

But if you’re not convicted, you won’t be.

So, prepare well.

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

And everybody wants to drive home.

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Tomorrow’s post answers a common confusion: “Why wasn’t the arresting Garda in court today?” The answer might surprise you—but it’s completely normal.