Drink driving in Ireland: limits, penalties and what happens next
Ireland has some of the strictest drink driving rules in Europe. Under section 4 of the Road Traffic Act 2010, the limit is 50 mg of alcohol per 100 ml of blood (22 µg per 100 ml of breath) for most drivers and 20 mg (9 µg of breath) for learner, novice and professional drivers. Since the Road Traffic (Amendment) Act 2018, every driver detected over the limit loses their licence: even at the lowest level, a fully licensed driver who accepts a fixed penalty notice is disqualified for 3 months. Higher readings, refusals and drug driving go to the District Court, where minimum disqualification periods are set by law.
This guide explains how Garda testing works (mandatory alcohol testing checkpoints, preliminary breath tests, evidential breath tests at the station and blood or urine specimens analysed by the Medical Bureau of Road Safety), the difference between a fixed penalty notice and a court prosecution, the disqualification bands, the drug driving offences introduced by the Road Traffic Act 2016, and the practical consequences for your job, insurance and travel. It is written for drivers who have been stopped or charged and for families trying to understand what comes next. If you have been charged, speak to a solicitor before your first court date, because procedural points can matter and the consequences of a conviction last for years.
Key facts
Deadline
A fixed penalty notice for a lower-range reading must be paid within 28 days, otherwise the prosecution goes ahead in the District Court. Disqualification under a paid fixed penalty notice starts 14 days after the notice of endorsement. An appeal from a District Court conviction to the Circuit Court must be lodged within 14 days.
What to do
- Understand how you can be tested. Gardaí can stop any driver at a mandatory alcohol testing (MAT) checkpoint authorised under section 10 of the Road Traffic Act 2010 and require a preliminary breath specimen, without any suspicion. They can also require a preliminary breath test or an oral fluid (drug) test where they suspect you have consumed alcohol or drugs, after a collision or after certain traffic offences (s. 9). The Road Traffic Act 2024 strengthened the obligation to provide oral fluid after collisions. Refusing or failing to provide a specimen without reasonable excuse is itself an offence, usually punished more severely than a low-range reading, so co-operate and note what happened.
- Know what happens at the Garda station. If the roadside test indicates you are over the limit, you will be arrested and taken to a Garda station. There you will be asked for two breath specimens on the evidential breath testing machine (s. 12), or, where breath testing is not possible, a blood or urine specimen taken by a designated doctor or nurse (s. 15). For blood and urine, part of the specimen is offered to you to have analysed independently; keep it and the documentation. The breath machine prints a statement, and blood and urine are analysed by the Medical Bureau of Road Safety, which issues a certificate under section 17. These documents are the core of the prosecution evidence.
- Check whether a fixed penalty notice applies. Under section 29 of the 2010 Act, as amended in 2018, drivers detected in the lower ranges receive a fixed penalty notice instead of being prosecuted, if they hold a valid licence and have not had a drink driving fixed penalty in the previous 3 years. A fully licensed driver between 50 and 80 mg per 100 ml of blood (22 to 35 µg of breath) pays €200 and is disqualified for 3 months; between 80 and 100 mg (35 to 44 µg) the charge is €400 and the disqualification is 6 months. A learner, novice or professional driver between 20 and 80 mg pays €200 and is disqualified for 3 months. Above these levels, the case goes to court.
- Decide whether to accept the fixed penalty. Paying within 28 days avoids a conviction, but the disqualification follows automatically: the NDLS records it and a notice is sent telling you the disqualification starts 14 days after that notice. You must then surrender your licence. If you do not pay, you will be summoned to the District Court, and if convicted you face a fine of up to €5,000, up to 6 months in prison and a longer minimum disqualification. Accept the notice if the evidence is sound and you need the shortest possible disqualification; contest it only on solicitor's advice where there is a real defence.
- Know the minimum disqualification on conviction. Under section 26 of the Road Traffic Act 1961, as amended by the 2010 Act, a court conviction for drink driving carries minimum disqualification periods linked to the reading: at least 6 months for up to 80 mg per 100 ml of blood, 1 year for 80 to 100 mg, 2 years for 100 to 150 mg and 3 years above 150 mg for a first offence; for a second offence, 1, 2, 4 and 6 years respectively. Driving while under the influence of an intoxicant to the extent of being incapable of proper control (s. 4(1)) and refusing to provide specimens carry minimum disqualifications of several years. The court cannot go below the minimum, whatever your personal circumstances.
- Understand drug driving offences. The Road Traffic Act 2016 inserted section 4(1A) into the 2010 Act: it is an offence to drive with any amount at or above a set threshold of cannabis (THC), cocaine or heroin in your blood, regardless of impairment. Gardaí can carry out a roadside oral fluid test and impairment tests. A conviction carries a minimum disqualification of 1 year for a first offence and 2 years for a second. If you take prescribed medicinal cannabis, carry the medical exemption certificate signed by your doctor, which is a defence under section 4(1B). Other drugs, including some prescription medicines, are covered by the general impairment offence.
- Prepare for court. Ask your solicitor to obtain the Garda statement of facts, the breath printout or Medical Bureau certificate, the custody record and any CCTV. Defences generally turn on whether the statutory procedure was followed and whether the evidence is admissible; vague suggestions that something might have gone wrong are not enough. In [2026] IESC 33 the Supreme Court restored a drink driving conviction, holding that the prosecution did not have to prove the safekeeping of a blood specimen package before posting it to the Medical Bureau, and that the statutory presumptions stand unless real evidence rebuts them. Bring your licence to court; failing to produce it is a separate offence.
- Deal with the disqualification. A disqualification order means you must surrender your licence to the NDLS within 14 days of it taking effect. Driving while disqualified is a serious offence and can lead to arrest, seizure of the car and imprisonment. If you are convicted and appeal to the Circuit Court within 14 days, ask for a stay on the disqualification pending the appeal; the appeal is a full rehearing. After a disqualification of more than 6 months, you may need to apply for a new licence or retake your test, depending on its length and your licence type.
- Plan for the wider consequences. A drink driving conviction is a criminal record entry. It must be disclosed to motor insurers and often to employers, particularly for professional drivers, healthcare and security roles. Premiums typically rise sharply for several years and some insurers will decline cover. Some countries, including the United States and Canada, may ask about convictions when you apply for visas or entry. Under the Ireland–UK agreement on mutual recognition of driving disqualifications, given effect by the Road Traffic Act 2016, Irish disqualifications are recognised in Northern Ireland and Great Britain. If alcohol is a problem, addiction support organisations and your GP can help, and a court may take engagement with treatment into account on sentence.
What to watch out for
- Driving the morning after. Alcohol is eliminated slowly, and many lower-range detections at MAT checkpoints happen the next morning; the law counts your reading within 3 hours of driving, not when you stopped drinking.
- Refusing a test in the hope of avoiding a reading. Refusal or failure to provide specimens is a separate offence with a heavier minimum disqualification than most low readings.
- Assuming a learner or novice gets the same leeway. Specified drivers have a 20 mg limit, so a single drink can put them over; they are disqualified for 3 months even in the lowest band.
- Ignoring the fixed penalty deadline. If the €200 or €400 charge is not paid within 28 days, the case goes to court, where the minimum disqualification is longer and a conviction is recorded.
- Driving before the disqualification ends. Driving while disqualified carries fines, possible imprisonment and further disqualification, and you will be uninsured.
- Relying on procedural technicalities without evidence. The Supreme Court has made clear that the statutory presumptions about specimens stand unless the defence shows real grounds to doubt them.
Legal basis
Related court decisions
Frequently asked questions
What is the drink driving limit in Ireland?
For most drivers it is 50 mg of alcohol per 100 ml of blood, which is 22 µg per 100 ml of breath or 67 mg per 100 ml of urine. For learner, novice and professional drivers (such as bus, truck and taxi drivers) the limit is 20 mg per 100 ml of blood or 9 µg per 100 ml of breath. In practice, a specified driver should not drink at all before driving.
Do you lose your licence for drink driving in Ireland?
Yes. Since the Road Traffic (Amendment) Act 2018, every driver who is over the limit faces disqualification. Even in the lowest band, a fully licensed driver who pays the fixed penalty is disqualified for 3 months. Higher readings and court convictions carry longer minimum periods, from 6 months up to 3 years for a first offence.
What is the penalty for drink driving between 50 and 80 mg?
A fully licensed driver with a reading between 50 and 80 mg per 100 ml of blood (22 to 35 µg of breath) who is eligible for a fixed penalty notice pays €200 and is disqualified for 3 months. If they do not pay and are convicted in court, the minimum disqualification is 6 months, with a fine of up to €5,000.
Can you refuse a breathalyser in Ireland?
You can, but refusing or failing without reasonable excuse to provide a breath, blood, urine or oral fluid specimen when required is a criminal offence. It carries a fine, possible imprisonment and a minimum disqualification that is usually longer than for a low-range drink driving reading, so refusing almost never helps.
What are mandatory alcohol testing checkpoints?
They are Garda checkpoints authorised by a senior Garda under section 10 of the Road Traffic Act 2010, where every driver passing can be required to provide a preliminary breath specimen without any suspicion of drinking. They operate at all times of day, including mornings, when many drivers are still over the limit from the night before.
What happens if you test positive for drugs while driving in Ireland?
If a roadside oral fluid test indicates cannabis, cocaine, opiates or benzodiazepines, you can be arrested and asked for a blood specimen at the station. Driving with THC, cocaine or heroin above the statutory thresholds is an offence regardless of impairment, with a minimum disqualification of 1 year for a first offence.
Does a drink driving conviction show on a Garda vetting?
Yes. A conviction for drink driving is a criminal conviction and will generally appear on Garda vetting disclosures. A fixed penalty notice is not a conviction, although the disqualification is recorded on your driver file. Some older minor convictions may become spent under the Criminal Justice (Spent Convictions) legislation after a period.
Can I drive for work while disqualified for drink driving?
No. Irish law does not provide a work or hardship exception to a drink driving disqualification. Once the disqualification starts, you must not drive any vehicle in a public place, and you must surrender your licence. Plan alternative transport in advance and tell your employer if driving is part of your job.
Will my Irish drink driving ban apply in the UK?
Yes. The Road Traffic Act 2016 gives effect to the 2015 Agreement between Ireland and the United Kingdom on the mutual recognition of driving disqualifications, so a drink driving disqualification imposed here is recognised in Northern Ireland and Great Britain, and you cannot simply drive there on a UK licence while disqualified. Check how it applies to your licence before driving abroad.
Legal guide – individual how-tos
Analyse my document →Legal guideContract templatesCountry home page