Proceed with care...
Currently the most popular question that I am asked every single week from clients all over the country.
It seems that many people think that getting their keys back means the Gardaí somehow doubt they were ever over the limit or that they’re now fit to drive.
"When you’re released from custody,
the Gardaí are required to return all your personal property.
Your keys are part of your property,
so they are returned to you"
This is dangerously misconceived, and it can lead to further legal trouble. Here’s why your car keys are returned when you’re released.
Understanding the Property Return Process at the Garda Station
When you’re arrested for drink driving in Ireland, the Gardaí follow a strict procedure. The Member-in-Charge (MIC) at the station takes custody of all your personal belongings, including:
Car keys
Mobile phone
Wallet or purse
Cash and loose change
Other personal items
These items are carefully logged in the custody record, along with your personal details and your condition at the time of arrest.
This process is a standard administrative procedure and has no bearing on the outcome of your drink driving case.
Why Do Gardaí Return Your Car Keys?
The return of your car keys is simply part of the legal process. When you’re released from custody, the Gardaí are required to return all your personal property. Your keys are part of your property, so they are returned to you.
It’s important to understand that this does not mean:
You’re fit to drive
The Gardaí doubt you were over the legal limit
You have permission to operate your vehicle
The return of your keys is purely procedural and should not be misinterpreted as a sign that your drink driving charge is not serious or that you’re now legally allowed to drive.
A Critical Warning for Drivers
One of the biggest mistakes drivers make is assuming that getting their keys back means they’re clear to drive. This misunderstanding has led to second arrests on the same night, which can significantly worsen your situation.
Remember: the return of your keys is an administrative step, not an endorsement of your ability to drive.
The Release Process: What Happens Next?
Your release from Garda custody depends on your level of intoxication. The Member-in-Charge must ensure you’re not "drunk and a danger to yourself or others" – the legal standard in Ireland. If you’re still visibly impaired, they may:
Hold you until you’ve sobered up
Contact a family member or friend to collect you
Keep you in custody for your own safety
Key Takeaways for Drivers
Return of Keys ≠ Permission to Drive: Getting your car keys back is a standard procedure and does not indicate you’re fit to drive.
Avoid Second Arrests: Driving after being released can lead to another arrest and far more severe penalties.
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