7 Dangerous Myths About Drink Driving in Ireland — A Specialist Solicitor Explains

Hint: Don’t get convicted.

If you’ve been charged with drink driving in Ireland, you’re probably overwhelmed, scared, and unsure what to do next. In those first few hours or days, it’s common to hear all kinds of advice — most of it wrong.

As a solicitor who has defended hundreds of drink driving cases across Ireland, I’ve seen firsthand how believing the wrong thing can wreck a case before it even starts.

"Most of the advice that I hear being parroted

is nonsense or unrealistic or both.

Almost of all of it would collapse

immediately at first sight in court"

Below are 7 of the most dangerous myths about drink driving in Ireland — and the truths you need to protect yourself.

1. Myth: If my name is spelt wrong on the summons can the case be thrown out?

Truth: No. Almost certainly not.

Judges have wide discretion to amend summonses to remove typographical errors or to change information so long as the change doesn’t create an “hardship, prejudice or unfairness”.

Changing the spelling of your surname to include two ‘R’s’ instead of one, will not cause you any unfairness.

Same thing applies to spelling errors in your address.

2. Myth: They gave me my keys back after I was released so they can’t surely believe I was drunk right?

Truth: When a person is released from custody their property is automatically returned to them. ‘Property’ includes your keys.

All the Gardai are doing here is returning your property, not suggesting/recommending that you drive again.

3. Myth: The breathalyser is 100% accurate — no point challenging it.

Truth: Breathalysers can give unreliable results if they aren’t calibrated, maintained, or operated properly. The Evidenser machines use lasers, gas cannisters and other software to determine alcohol levels.

Additionally, the Medical Bureau of Road Safety recommends that mobile phones and Garda radio sets should be not be used in the vicinity of the Evidenser breath machine.

Medical conditions like GERD (acid reflux) can also affect readings.

4. Myth: If I was only sitting in the car, I can’t be charged, right?

Truth: You can be charged with being “drunk in charge” even if the engine was off and you were asleep.

The Gardaí only need to show you were in control and intended to drive — for example, if the keys were in the ignition- to prosecute you for drunk in charge.  

5. Myth: A first offence isn’t serious — I’ll just get a slap on the wrist.

Truth: First-time drink driving convictions carry a mandatory driving ban. If you’re convicted, you get a criminal record. This can affect your job, insurance, family, and even travel plans.

If you’re convicted.

6. Myth: If the judge is told that I am a single parent or am the sole carer for a relative maybe they’ll feel sorry for me and won’t  disqualify me?

Truth: Unfortunately not. If you’re convicted you will be disqualified, regardless of how much hardship you will suffer.

This isn’t because judges like to be cruel or take joy in “throwing people off the road”. They do not.

The law mandates that if someone is convicted, they must be disqualified. As judges must interpret and implement laws, if they decide to convict you, disqualification is automatic.

It is out of their hands.

7. Myth: If I’m over the limit, there’s no defence — I’m guaranteed to lose my licence.

Truth: Even with a positive reading, there are defences — procedural errors, timing issues, medical explanations, or improper demands can all open the door to a dismissal.

Many cases are winnable, but only if you act early.

Final Thoughts: Don’t Let Myths Ruin Your Case

The biggest mistake I see? People giving up too soon because they believe myths.

"Heavyweight champion Larry Holmes

defined the art of boxing in a single sentence:

“hit and don’t get hit”

The art of drink driving defence is simpler:

“don’t get convicted”

Drink driving charges are serious — but with the right advice, you may have more options than you realise.

People love to give advice when someone faces a crisis. Its almost natural, like some deep desire to somehow make someone “feel better”.

Are all cases winnable? Of course not.

In some cases the evidence is so overwhelming that winning is just not possible.

But that's only some cases.

Most of the advice that I hear being parroted is nonsense or unrealistic or both.

Almost of all of it would collapse immediately at first sight in court.

Besides, it's easy to "give" advice when you don't have to deal with the negative consequences.

Talk is cheap.

Former heavyweight champion Larry Holmes defined the art of boxing in a single sentence: “hit and don’t get hit”.

The art of drink driving defence is simpler: “don’t get convicted”.