“My Son’s Been Caught Drink Driving—What Happens Now?”

(A guide for families worried sick about what comes next)

(Meta Description: Worried about what happens after a drink driving arrest? This guide explains the drink driving court process in Ireland—and why early specialist advice is critical).

You never imagined you’d be Googling this. But here you are.

Whether it was a phone call in the middle of the night or a quiet confession at the kitchen table, you’ve just learned your son—or husband, or brother—was caught drink driving. Now he’s facing court.

And you’re terrified.

Will he automatically lose his licence?

Is there any way to avoid a driving ban?

How badly will this affect his job, his future, his reputation?

Take a breath.

I’ve helped dozens and dozens of families in exactly this situation.

And here’s what I want you to know, right now:

• Being over the limit does NOT automatically mean losing a licence.

• The court process has legal hurdles the prosecution must clear—and they don’t always succeed.

• The biggest mistake is assuming “there’s no point fighting it.”

  
  

This isn’t about finding loopholes. It’s about making sure the law is followed to the letter—because if it isn’t, that can change everything.

"There are approximately 700 legal cases

on drink driving alone.

Do you think knowing these is easy?"

Step 1: The Summons Arrives

In the coming weeks, he’ll receive a court summons in the post. This document tells him when and where he must appear in the District Court.

This is the official start of the drink driving court process in Ireland. But it’s not the end of the road. In fact, it’s just the first step—and it’s one that needs to be handled carefully.

• Even small errors or delays in the summons process can matter.

• But only an expert in road traffic law will know what to look for.

Step 2: The First Court Appearance—No Decisions Made Yet

At the first court date, a judge will confirm the charge and direct that disclosure (the Garda evidence i.e. statements from the arresting Garda etc) be sent to your lawyer.

These are usually emailed to your lawyer over the next few weeks.

Here’s what many people don’t realise: this first appearance is NOT the trial.

Nothing final happens here.

In all cases, the court will adjourn (postpone) the case so evidence can be gathered, and so he has time to get legal advice.

• You have breathing room.

• You don’t have to walk in knowing what plea to enter.

• But you DO need legal advice before that day comes.

Step 3: Choosing How to Plead—This is Where it Counts

This is the most critical decision: guilty, or not guilty? For all my clients this step is the easiest: we always plead not guilty.

Many people assume that they almost have to plead guilty because “they were over the limit.” 

But here’s what I’ve learned after defending countless drink driving cases:

·       The prosecution has to prove every part of their case beyond a reasonable doubt.

·       Every step the Gardaí took—from the stop, to the arrest, to the breath test—must comply exactly with the law.

·       If they missed even one important legal requirement, the case may not hold up.

• This isn’t about excuses. It’s about whether the process was lawful.

• And unless a solicitor specialises in road traffic law, they might not even know where to look for errors.

Even general criminal lawyers cover many areas. But road traffic law is a highly technical field with constantly evolving rules. You need to understand that.

Many families assume “there’s no way out.” But every case deserves expert scrutiny.

You’d be amazed how often technical legal issues change the outcome.

The Most Important Step: Getting the Right Help

This is the moment that matters. Before your loved one makes any decision—get specialist legal advice.

Not just any solicitor. Not a general criminal lawyer. You need a solicitor who focuses specifically on road traffic law.

Why? There are approximately 700 legal cases on drink driving alone. Do you think knowing these is easy?

I’ve seen too many cases where generalists missed key technical defences.

Even highly capable lawyers in other fields don’t know the intricacies of drink driving law: the procedural traps, the timing rules, the statutory requirements.

As far as your loved one is concerned, you’re not just hiring a lawyer.

You’re hiring someone to fight for his licence, his job, his independence, his future.

I know this is scary. But you don’t have to figure it out alone. I’ve been through this hundreds of times with families just like yours. And I’ll carry that burden with you.

Final Thought: This Is Salvageable

A drink driving charge feels like the end of the world. But it isn’t. Not if you act early, and not if you get the right advice.

• Before your loved one steps foot in court, call me.

• The sooner I’m involved, the more options we’ll have.