Can a Drink Driving Case Be Dismissed? Here’s What Most People Don’t Know

Start writing...

Being arrested for drink driving in Ireland can feel like the -pardon the pun- end of the road. You’re scared. Maybe you’re feeling scared. Chances are that if you’re a woman, you are feeling ashamed.

And you may be thinking, “What’s the point in fighting this? I was over the limit.”

But here’s the truth: Not every drink driving case leads to a conviction. In fact, many are dismissed.

This article explains why drink driving cases are not always straightforward—and why your own story might hold the key to a different outcome.

Drink Driving Cases: Why the Gardaí Take Them So Seriously

From day one in Templemore, Garda recruits are trained to prioritise road traffic offences—especially drink driving.

It’s drilled into them as a cornerstone of public safety. I know this firsthand because I was one of those recruits.

"In another case, the judge, while complimenting the Garda,

felt he “had a doubt” (those are the magic words you love to hear)

about the evidence and dismissed the charge.

Frankly I think the judge just felt sorry for him"

We were taught that even a technical misstep during an arrest could lead to a case being dismissed. Some of the training seemed alarmist—like the idea that an arrest could be invalid if you didn’t place your hand on the suspect’s shoulder, or that a motorist speaking only Irish could avoid arrest simply because you weren’t able to communicate with them. This is nonsense by the way.

But it reflected how seriously Gardaí are trained to take drink driving procedures.

And while much of that training is well-intentioned, it can sometimes lead to procedural errors.

And in a drink driving case, a small procedural error can lead to the entire case being thrown out.

How Drink Driving Charges Get Dismissed in Court

Every drink driving charge in Ireland must be proven beyond a reasonable doubt. That includes proving:

• That you were driving vehicle in a public place.

• That you were incapable of proper control due to alcohol.

• That proper procedures were followed during testing and arrest.

• 
  

If any of these elements are flawed or improperly handled, your drink driving case could be dismissed.

Common Reasons for a Drink Driving Case to Be Dismissed:

• Improper use or calibration of the breathalyser or Evidenzer machine

• Garda failing to give you proper legal warnings or options

• Incorrect procedure when requesting blood or urine samples

• Missing or late evidence (e.g. test results not brought to court)

• Unavailable witnesses (at the time of writing this happened yesterday in a case of mine and the prosecution was dismissed)

• Discrepancies between Garda statements and real-world events

  
  

Your Story Matters – A Lot

You might be thinking: “But I was over the limit. Surely that’s all that matters?”

Not quite.

Drink driving prosecutions are not just about the numbers. They’re about what actually happened. The sequence of events.

The conversations. The conduct of the Gardaí. The decisions made in real time.

Your rights and entitlements.

And that’s where your story comes in.

What You Should Do After a Drink Driving Arrest

The best thing you can do right now? Write everything down. Immediately.

Document every detail you remember:

• Where were you going?

• What time was it?

• What did you say to the Garda?

• What did the Garda say to you?

• How did you feel?

• Were you offered a choice between blood and urine?

• Did anyone explain the consequences of refusing?

  
  

Use pen and paper or your phone. Don’t filter it—write down everything, even if it seems irrelevant. You might not recall everything at once, but memories will return in fragments over the next few days.

Capture them when they do.

This written account could be the foundation of your defence.

A good drink driving solicitor will use this detail to identify weaknesses in the prosecution’s case.

"It's judges sometimes realising

that we are all humans and that sometimes

humans make mistakes,

the kinds of mistakes that 99 times out of 100

they'd ordinarily never make"

Is It Possible to Beat a Drink Driving Charge in Ireland?

Yes—but let’s be honest: it’s not easy.

Drink driving convictions are taken seriously.

Most Gardaí are highly trained.

The courtroom can feel intimidating—especially when you’re facing 3 or 4 officers giving evidence against you.

But here’s a fact you may not know:➡️ About 34% of drink driving cases in Ireland don’t result in a conviction.

That’s over one in three. And those cases are dismissed for all kinds of reasons—procedural errors, missing evidence, and even simple human mistakes.

Real Examples of Drink Driving Cases Dismissed

I’ve worked with many clients who thought they had no chance. But because we built their case carefully and exposed weak points in the State evidence, they won their cases:

• Case 1: A client’s breath test was ruled inadmissible because there was a doubt about how documents were prepared. Case dismissed.

• Case 2: A man wasn’t informed of his right to choose between giving a blood or urine sample. That mistake alone was enough to have the case struck out.

• Case 3: In another case, the judge, while complimenting the Garda, felt he “had a doubt” (those are the magic words you love to hear) about the evidence and dismissed the charge. Frankly I think the judge just felt sorry for him.

  That happened this week.

  
  
  
  
  
  

These aren’t loopholes. They’re legal rights. And when those rights are breached, the outcome changes.

But its also something else.

Its judges sometimes realising that we are all humans and that sometimes humans make mistakes, the kinds of mistakes that 99 times out of 100 they'd ordinarily never make.

Conclusion: Your Drink Driving Case Is Not Hopeless

If you've been arrested for drink driving in Ireland, you're probably scared and unsure about what comes next. That’s normal. But it’s critical to know that a drink driving arrest does not automatically equal a conviction.

You have rights. You have a story. And with the right legal support, your case could be one of the 34% that gets dismissed.

Need Help With a Drink Driving Case?

If you've been charged with drink driving and want to know whether your case can be challenged or dismissed, speak to an experienced road traffic solicitor today.

But to give yourself a fighting chance, start writing.