The Law on Drink Driving in Ireland

 

In Ireland, drivers are divided into two categories: Experienced and New or Professional drivers.

A new driver is anyone who has held a driver’s license for under two years, a driver who holds a learner's permit, or someone who does not have a valid license or permit to drive. A professional driver is someone who drives a bus, lorry, pulls a trailer or makes use of a work vehicle

What exactly are the legal drink driving limits in Ireland?

Limits have been set in a number of different units of measurement in-breath and 2 different modes of measurement in blood– microgrammes of alcohol in breath (µg/100ml), milligrams of alcohol in blood (mg/l) or BAC% (Blood Alcohol Content). The limit is exactly the same level but is just expressed differently.

As a user of a breathalyzer its a good idea to familiarize yourself with one unit of measurement and stick with that. Milligrams of alcohol in Blood was the measurement generally used before the introduction of alcohol breathalyzers. Our breathalyzers can express your alcohol levels in breath on both microgrammes of alcohol in breath or BAC%. They can be configured easily by you so you can choose whichever measurement you are comfortable with.

So what are the current drink driving limits in The Republic of  Ireland? It depends on whether you are an experienced driver ( driving for more than 2 years), a learner driver ( driving for less than 2 years) or are a professional driver ( commercial vehicle drivers, taxi drivers, truck drivers etc. )

The current legal limits in Ireland for drinking and driving are:

 

An experienced licensed driver

- 22µg of alcohol per 100ml of breath.

- 0.05% BAC ( Blood Alcohol Content)

- The above translates to  50 milligrams of alcohol per 100ml of blood.

 

A Professional or Learner Driver

- 9µg of alcohol per 100ml of breath.

- 0.02% BAC ( Blood Alcohol Content)

- The above translates to 20 milligrams of alcohol per 100ml of blood.

 

 

 

The Irish Traffic Act and Amendments

The first Traffic Act was imposed in Ireland in 1961 and since then there have been a number of amendments to the Traffic Act. One of the amendments to the Traffic Act in 2006 is to allow the Gardaí to perform random breath testing at mandatory alcohol checkpoints without having to provide a reason for the testing. These checkpoints need to be approved by the Garda Inspector in writing; checkpoints can then be set up in public places and allows the Gardaí to stop any mechanically propelled vehicle (including motorbikes, electric bicycles, wheelchairs, etc.)

Anyone who refuses or does not comply with the Gardaí is guilty of an offense and may be arrested without a warrant. However random breath testing cannot be conducted without an authorized checkpoint setup unless the Gardaí has reason to believe that you are under the influence of alcohol while driving by committing a traffic offense or if you have been involved in a traffic collision.

 

 

What is a Breathalyzer? How does it work?

A breathalyzer (breathalyser or alcohol tester) is a device that analyses the blood alcohol content (BAC) from a breath sample. As you drink the alcohol is absorbed into your blood which then travels into your brain and lungs, which means when you breathe out you are exhaling alcohol. A breathalyzer then measures the amount of alcohol you are breathing out and estimates how much alcohol is in your blood system.

 

 

Penalties for Drinking and Driving in Ireland

A new penalty system was brought in on 26TH October 2018 which makes the processing of these offenses faster and avoids having to appear in court. But only if at the time of the offense your license is fully valid, you have no previous drink driving offenses in the 3 years preceding the offense and you pay your fine within the 28 day period.

Type of Driver	Concentration of alcohol	Penalty
Experienced drivers lower limit	- Over 22µg of alcohol per 100ml of breath. - Over 0.05% BAC	€200 3 months disqualification
Experienced drivers upper limit	- Over 35µg of alcohol per 100ml of breath. - Over 0.08% BAC	€400 6 months disqualification
New drivers and Professional drivers	- Over 9µg of alcohol per 100ml of breath. - Over 0.02% BAC	€200 3 months disqualification

 

If you don't qualify for the fixed penalty notice above and you have to appear in court the penalties are as follows:

 

Alcohol Level	1st Offence	2nd Offence
- Over 22µg of alcohol per 100ml of breath. - Over 0.05% BAC	6 months	1 year
-Over 35µg of alcohol per 100ml of breath. - Over 0.08% BAC	1 year	2 years
- Over 45µg of alcohol per 100ml of breath. - Over 0.10% BAC	2 years	4 years
Over 65µg of alcohol per 100ml of breath. - Over 0.15% BAC	3 years	6 years

 

 

Irish Road Statistics:

It is reported in Ireland that 38% of traffic deaths on Irish roads are due to alcohol consumption.

29% being traffic collisions and 9% have involved pedestrians who were intoxicated. Men are also more likely to drink and drive than women while younger drink drivers are at a higher risk of being involved in fatal traffic accidents, most of these fatal traffic accidents occur during off-peak hours between 10pm and 6am.

 

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