Fixed Charge Notices for Drink Driving in Ireland – What You Need to Know

If you are caught drink driving in Ireland, you may be issued a Fixed Charge Penalty Notice instead of facing immediate court prosecution.

This allows certain drivers to pay a fine and accept penalty points or a short-term driving disqualification, depending on the alcohol level in their system.

Here's everything you need to know about Fixed Charge Notices for drink driving in Ireland.

Who Can Receive a Fixed Charge Notice?

If a driver is over the limit, they may receive a Fixed Charge Notice instead of being automatically prosecuted in court. This applies when the alcohol concentration is:

• Up to 80 mg per 100 ml of blood

• Up to 107 mg per 100 ml of urine

• Up to 35 micrograms per 100 ml of breath

"This is because insurance companies are basically legalised criminals:

they will slit your throat to either get out of paying an insurance

claim, or, if they get wind of a conviction for drink driving,

they'll either use that as an excuse to quote you an outrageous

premium, or they simply will not quote you at all"

If the alcohol level is slightly above these limits but still within another threshold, a higher fine and penalty apply. Specifically, if levels are:

• Between 80-100 mg per 100 ml of blood

• Between 107-135 mg per 100 ml of urine

• Between 35-44 micrograms per 100 ml of breath

Penalties for Paying the Fixed Charge Notice

If a driver accepts the Fixed Charge Notice and pays the fine:

• For lower alcohol levels, they will receive 3 penalty points.

• For slightly higher levels, they will face a 6-month driving disqualification.

• For professional drivers (e.g., taxi or bus drivers), a 3-month driving ban applies even at lower alcohol levels.

Fines range from €200 to €400, depending on the level of alcohol detected:

• €200 for the lower category of alcohol concentration

• €400 for the higher category of alcohol concentration

How is the Fixed Charge Notice Issued?

A Garda can serve the notice:

• In person by:

• 
  

  • Delivering it directly to the driver

  • Leaving it at the driver's ordinary residence

  • Leaving it at the address the driver provided to a Garda at the time of the offense

  • Leaving it at the address where the vehicle is registered (if the person is the registered owner)

  • 
    

• By post to:

• 
  

  • The driver's ordinary residence

  • The address the driver provided to a Garda at the time of the offense

  • The address where the vehicle is registered (if the person is the registered owner)

If the fine is not paid within the time limit, the driver will be prosecuted in court, facing more severe penalties.

Who is Not Eligible for a Fixed Charge Notice?

A driver cannot receive a Fixed Charge Notice if they:

• Do not hold a valid driving licence.

• Are already disqualified from driving.

• Have paid a Fixed Charge Notice for drink driving in the last 3 years.

Legal Presumption – The Notice is Considered Served

Under Section 29(18) of the Road Traffic Act 2010, the law assumes that:

1. The Fixed Charge Notice was properly served.

2. The fine was not paid unless proven otherwise.

This means that if a driver argues they never received the notice or that they paid it, the burden is on them to provide evidence.

Payment Process and Timeline

The Fixed Charge Notice must include:

• Details of the alleged offense

• The alcohol concentration detected in the driver's body

• A statement that the person has 28 days from the date stated on the notice to pay the fixed charge

• Information about where and how to make the payment

• The consequences of payment (penalty points or disqualification)

When payment is received, the Garda Síochána will:

• Issue a receipt to the person who paid

• Notify the Minister of the payment

• Ensure the appropriate penalty points or disqualification period is recorded

What Happens if You Ignore the Notice?

If a driver does not pay the fine within the 28-day period, they will face court prosecution, where penalties could include:

• A larger fine.

• A longer disqualification.

• A criminal conviction for drink driving.

  
  

What Happens After Payment?

Once the fine is paid, the Gardaí notify the licensing authority to:

• Apply penalty points (if applicable) to the driver's record.

• Start the driving disqualification (if applicable).

The State will then:

• Issue a notice to the person informing them of the commencement date of their disqualification (14 days after the date of the notice) or that 3 penalty points have been added to their record

• For disqualifications, direct the person to submit their driving licence to the appropriate authority within 14 days

If disqualified, the driver must surrender their licence within 14 days or risk an additional fine of up to €2,000.

"But here's the thing with fixed charge penalty notices:

if you pay them and go off the road for 3 or 6 months,

they are not regarded as convictions"

Important Notes About Driving Licences

Under the Act, the term "driving licence" includes learner permits. When completing the Fixed Penalty Notice, you must include:

• The number of your driving licence

• The date of grant

• The period of validity

Should I pay the Notice?

I often get asked this question. People tend to look at these things backwards. They see what they can lose, not what they can gain. They focus on the perceived loss i.e. "I don't want to go off the road".

Well, of course not. Nobody ever wants to go off the road. But consider this:

If you don't pay the notice you will definitively receive a summons for court.

If you lose in court you get double the ban you would have gotten had you paid the notice.

But there's also something else: if you lose in court you get a conviction.

Guaranteed.

Nobody really wants one of them either because they drive their insurance premium up when they want to get back on the road.

This is because insurance companies are basically legalised criminals: they will slit your throat to either get out of paying an insurance claim, or, if they get wind of a conviction for drink driving, they'll either use that as an excuse to quote you an outrageous premium, or they simply will not quote you at all.

Yes, that's right. Some people simply cannot get quoted once a drink driving conviction is disclosed.

But here's the thing with fixed charge penalty notices: if you pay them and go off the road for 3 or 6 months, they are not regarded as convictions.

In other words, once your short disqualification has passed, you are not regarded by law as having a conviction for drink driving.

Your record is clean.

That is the major advantage in paying these fixed charge penalty notices. Yes, you are off the road for a while, but you don't get convicted.

If you don't pay the notice, go to court and lose, you will get a conviction.

Guaranteed.

Fixed Charge Notices for drink driving provide an alternative to court prosecution, but they still carry serious consequences. If you receive one, it's important to understand your options and the penalties involved.

They do come with advantages.

As in all other things, make sure to get legal advice.