Drink Driving help

Amatureday

I was caught drink driving.

I was wondering what the timescale is between being caught and the driving ban/ court date etc?

(Throwaway account for obvious reasons.)

I feel ****ing terrible about the whole thing.
I thought I wouldn't get caught because it was in the middle of the countryside and I was only driving about 400 meters between a friends house and the place I was staying. Guard put on the blue lights just as I was pulling into the driveway. He breathalised me and brought me to the station where I gave a urine sample, then brought me back to where I was staying. I got the urine results about a week later 89mg. So I'm facing a ban, loss of job etc.
I can't concentrate at work or sleep at night because of the whole thing, and all this waiting in uncertainty wondering "Is today the day I get the ban in the post...." is making me go insane.

0ph0rce0

Depends on the court really.

When I got done, the court date wasn't for about 4 months after so I got to drive for the 4 months and then the court date came up.

You then have 15 days after the court date till your ban starts.

CiniO

How much did you drink?
Are you full licence holder for over 2 years?

Either way you won't face court.

If you are full licence holder for at least 2 years, you will get fixed penalty fine of 200 euro + 3 penalty points.

If you are on provisional or have full licence for less than 2 years, you will get fine of 200 euro + 3 months driving ban.

No court case either way, so you won't have a conviction on your record.

0ph0rce0

CiniO wrote: »

How much did you drink?
Are you full licence holder for over 2 years?

Either way you won't face court.

If you are full licence holder for at least 2 years, you will get fixed penalty fine of 200 euro + 3 penalty points.

If you are on provisional or have full licence for less than 2 years, you will get fine of 200 euro + 3 months driving ban.

No court case either way, so you won't have a conviction on your record.

Has it changed in recent times?

CiniO

0ph0rce0 wrote: »

Has it changed in recent times?

AFAIR last year.
Or maybe it was 2 years ago. I can't remember now.

0ph0rce0

CiniO wrote: »

AFAIR last year.
Or maybe it was 2 years ago. I can't remember now.

Just seen it there, They did indeed.

Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath

That was me above, I blew 36mcg and got a poxy fine and a year ban.

Baxtards


Just a fine and penalty points it is for you.

Trampas

Driver type Concentration of alcohol Fine Additional penalty
Experienced drivers (a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath €200 3 penalty points
Experienced drivers (a) Exceeding 80mg but not exceeding 100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding 135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath €400 6 months disqualification
Other drivers (a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath €200 3 months disqualification

http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html

CiniO

0ph0rce0 wrote: »

Just seen it there, They did indeed.

They changed it together with legal limit.
It used to be 80mg/100ml blood.
Now it's 50mg/100ml blood.
That's a threshold under which you are considered sober.
Also driving permit holder, full licence holders for less than 2 years, and person driving truck, bus, taxi is due to lower limit of 20mg/100ml blood.

charlemont

I thought it was a 6 month ban if you're close enough to the old limit, I think if your sample shows you had a lot of drink taken then its court.

0ph0rce0

charlemont wrote: »

I thought it was a 6 month ban if you're close enough to the old limit, I think if your sample shows you had a lot of drink taken then its court.

So I was told recently, that usually 6 months if your close enough but not for me, they got me good the ***** :rolleyes: although this was a good few years ago

CiniO

0ph0rce0 wrote: »

Just seen it there, They did indeed.

Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath

That was me above, I blew 36mcg and got a poxy fine and a year ban.

Baxtards


Just a fine and penalty points it is for you.

Provided you hold full licence for at least two years, if you were caught today with result of 36mcg per 100ml breath, you would get 400 fine and 6 months ban.
So possibly a tiny bit better than you got.
Anyway - you shouldn't be driving with 36mcg anyway.


PS - what the hell is mcg? I suppose micrograms, which should be indicated as μg

0ph0rce0

CiniO wrote: »

Provided you hold full licence for at least two years, if you were caught today with result of 36mcg per 100ml breath, you would get 400 fine and 6 months ban.
So possibly a tiny bit better than you got.
Anyway - you shouldn't be driving with 36mcg anyway.


PS - what the hell is mcg? I suppose micrograms, which should be indicated as μg

It wont be happening again anyway not that it did in the first place, if you've been in after hours recently youd have read in the drink driving thread they had going

I wasn't even in my car, they done me for getting something out of my car.

Stheno

According to the link above, it's either a fixed penalty notice and points or court and a 6 month ban for having less than 107mg of alcohol per 100ml of urine

OP did the cops tell you if it was fixed penalty they were issuing

Anyone know why there are two different consequences for the same offence?
Is court only for those who have already recieved a fixed penalty in the previous 3 years?

Misticles

My mam was brought to court and got a 2 year ban. Full license for over 20 years, no previous.
At the station she couldn't blow into the breathalyser as hard as thy wanted because of her dentures. The Garda said he failed to comply.

Judge gave her 2 and there was a man with a previous drink driving offence and he got a year

CiniO

Stheno wrote: »

According to the link above, it's either a fixed penalty notice and points or court and a 6 month ban for having less than 107mg of alcohol per 100ml of urine

OP did the cops tell you if it was fixed penalty they were issuing

Anyone know why there are two different consequences for the same offence?
Is court only for those who have already recieved a fixed penalty in the previous 3 years?

Yes.

Another factor the court will take account of is whether the offence is your first offence or otherwise.

If you hold a valid licence/permit at the time of the offence and your alcohol level is below a certain limit, you will be issued with a fixed penalty notice. If you pay the fine stated on the notice within 28 days, the additional penalty stated on the notice will be imposed but you will not have to go to court. You are not eligible for a drink driving fixed penalty notice if you have received a similar notice within the previous 3 years.

http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html

Stheno

CiniO wrote: »

Yes.


http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html

Thought so, good news hopefully then for the OP

CiniO

Misticles wrote: »

My mam was brought to court and got a 2 year ban. Full license for over 20 years, no previous.
At the station she couldn't blow into the breathalyser as hard as thy wanted because of her dentures. The Garda said he failed to comply.

Judge gave her 2 and there was a man with a previous drink driving offence and he got a year

She probably got 2 years ban for not providing a sample.
If she couldn't give breath sample, why didn't they take blood or urine sample?

djimi

Amatureday wrote: »

You're wrong, look at citizens information.ie

Accoring to http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html 89mg in a urine sample would be a €200 fine and 3 points, assuming that you are a fully licensed driver.

Amatureday

I checked the letter with the results,- it was actually 98 mg per 100ml of urine.

So this means I won't get a ban????????!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Oh my god......

My eyes are starting to water with joy!!!

Can somebody please confirm????

Our man in Havana

The new system is a complete omnishambles.

drunkmonkey

Amatureday wrote: »

I checked the letter with the results,- it was actually 98 mg per 100ml of urine.

So this means I won't get a ban????????!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Oh my god......

My eyes are starting to water with joy!!!

Can somebody please confirm????

You won't get a ban €200 fine & 3 penalty points, You've got away by the skin of your teeth. That's presuming you have a full license.

Just out of curiosity, how much had you to drink that day and what size are you?

CiniO

Our man in Havana wrote: »

The new system is a complete omnishambles.

Why?

0ph0rce0

This don't make no sense??

Two tables, both the same but different fines and ban or points

Experienced drivers(a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath€2003 penalty points

Experienced drivers(a) Exceeding 80mg but not exceeding 100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding 135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath€4006 months disqualification

Our man in Havana

Because it rewards offenders. You drink and drive you should be banned end of.

Fixed penalty notices, that is just condoning it.

0ph0rce0

Just a question, if he was getting a fixed penalty, like the fine and a few points, would they not have issued him the fine there and then??

I reckon your going to court, Ban for you.

CiniO

0ph0rce0 wrote: »

This don't make no sense??

Two tables, both the same but different fines and ban or points

Experienced drivers(a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath€2003 penalty points

Experienced drivers(a) Exceeding 80mg but not exceeding 100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding 135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath€4006 months disqualification

Difference in bold.

0ph0rce0

CiniO wrote: »

Difference in bold.

I see, need to stick the glasses on

joujoujou

Our man in Havana wrote: »

[...] You drink and drive you should be banned end of.

[...]

Agree.

Drink or drive. No exceptions. And no mercy for offenders.

CiniO

Our man in Havana wrote: »

Because it rewards offenders. You drink and drive you should be banned end of.

Fixed penalty notices, that is just condoning it.

I disagree.
Drunkness is thing you can measure.
You can not treat the same someone who drove after one pint of guinnes, to someone who drove after 2 bottles of whiskey.

Fines are graduated, and that's the best way.

I wouldn't call giving 200fine and 3 points as "rewarding offener".
OP wasn't mad drunk, he was just tiny bit over the limit. He got the lesson. He got some stress, and now he will get a fine and points.
All this most likely will prevent him from driving over the limit again.

Also notice, that in accordance to system before it changed, OP would be below the limit, so it wouldn't even be an offence. He would be treated as sober.

CiniO

0ph0rce0 wrote: »

Just a question, if he was getting a fixed penalty, like the fine and a few points, would they not have issued him the fine there and then??

I reckon your going to court, Ban for you.

Gards don't issue fines on the spot.

Cork981

joujoujou wrote: »

Agree.

Drink or drive. No exceptions. And no mercy for offenders.

Agree any drink driver should be off the road if it was only 400m he could have walked it

0ph0rce0

Cork981 wrote: »

Agree any drink driver should be off the road if it was only 400m he could have walked it

But there's nothing like hearing that sweet rev of the engine.

Cork981

0ph0rce0 wrote: »

But there's nothing like hearing that sweet rev of the engine.

Or the noise of two cars colliding because one driver couldn't drive on his side of the road due to the effects of drink

btkm8unsl0w5r4

I am sorry this thread has calmed the op down, he deserved to live a bit longer knowing he ruined his life ( & potentially others lives).

drunkmonkey

Our man in Havana wrote: »

You drink and drive you should be banned end of.

You live in the country and don't have access to "public transport or a taxi service". What do you suggest as an alternative? Solitude?

drunkmonkey

Davina Petite Sociology wrote: »

I am sorry this thread has calmed the op down, he deserved to live a bit longer knowing he ruined his life ( & potentially others lives).

He's probably gone on the piss to celebrate? Kind of Ironic alright.

djimi

drunkmonkey wrote: »

You live in the country and don't have access to "public transport or a taxi service". What do you suggest as an alternative? Solitude?

Boo ****ing hoo. Do you think all those people who have been mowed down and killed through the years by drunk drivers on country roads are sympathetic that there is no public transport?

Pathetic argument.

Cork981

drunkmonkey wrote: »

You live in the country and don't have access to "public transport or a taxi service". What do you suggest as an alternative? Solitude?

Walk it was 400m

Amatureday

Our man in Havana wrote: »

Because it rewards offenders. You drink and drive you should be banned end of.

Fixed penalty notices, that is just condoning it.

The introduced the fixed penalty system to free up the courts. Up untill the new system about 50% of drink driving offences were thrown out of court for various reasons - Guard not showing up, improper paperwork etc.

OldmanMondeo

drunkmonkey wrote: »

You live in the country and don't have access to "public transport or a taxi service". What do you suggest as an alternative? Solitude?

400 metres from where he wanted to go, let him walk. My Dad was nearly killed by a drunk driver in a head on crash. The drunk guy was only driving a short bit. A friends Father was killed by a drunk driver, who also died.

I am not sorry to say this, but anyone drunk should be off the road, no matter how little they had.

drunkmonkey

No point discussing it as it'll end in carnage, we've all very different views on it.

Amatureday

drunkmonkey wrote: »

You won't get a ban €200 fine & 3 penalty points, You've got away by the skin of your teeth. That's presuming you have a full license.

Just out of curiosity, how much had you to drink that day and what size are you?

I'm 5' 10" about 70 kg, and probably 5 drinks over 4 or five hours.
I have a full licence the last 3 years.

challengemaster

CiniO wrote: »

All this most likely will prevent him from driving over the limit again.

It may prevent them from driving over the limit, but who's to say it'll stop them drinking and driving again?

And re: measuring drunkness, that's a nice idea, but tolerance isn't taken into account. Someone who's been drinking pints every day for 20 years is not going to be as impaired as the person who only started drinking that night, with the same BAC.

That's why you can't really generalise and say X BAC = X level of drunkenness. That's why a graduated scale shouldn't exist, and someone with 1 pint or 2 bottles of whiskey should be treated the same.

drunkmonkey

Amatureday wrote: »

I'm 5' 10" about 70 kg, and probably 5 drinks over 4 or five hours.
I have a full licence the last 3 years.

You were a little wobbly alright I'd say. Dangerous but you sound like you were only parking your car so I don't think your evil and should be locked up.

CiniO

djimi wrote: »

Boo ****ing hoo. Do you think all those people who have been mowed down and killed through the years by drunk drivers on country roads are sympathetic that there is no public transport?

Pathetic argument.

But there are plenty of people who have been killed by drivers who felt asleep by the wheel, or maybe exceeded the speed limit.

Surely it doesn't mean that everyone should drive only when 100% full of energy, and driving back home after day work when tires would be prohibited as there is a danger of falling asleep.

Also you wouldn't want to be named a murderer when doing 62 in 60 zone, just because someone else killed other person when doing 180 in 60 zone.

Alcohol is for people - all what is needed is to be reasonable with it.

You drive after a small glass of wine with your dinner - no problem - this doesn't impair your driving so you are under the limit.
You drive after two pints in the pub - bad think, your driving is bit impaired and therefore you will be prosecuted (200 fine + 3 points).
You drive totally wasted - you should be penalised as heavy as possible and keep off the road for as long as possible.

I'll say it again - I think current Irish drink driving limits and penalties for exceeding them are really very well though and reasonable.

Rowley Birkin QC

drunkmonkey wrote: »

You live in the country and don't have access to "public transport or a taxi service". What do you suggest as an alternative? Solitude?

My college class are from every corner of the country. I've been to parties, weddings, 21sts in tiny villages all around and have never failed to get a cab.

Where, specifically, doesn't get served by a taxi service?

Also, fines for drink driving is bs. Boo-fucxing-hoo that he'll lose his job. Attend the funeral of someone killed by a drunk driver and thinfs come into very sharp focus very quickly.

CiniO

Davina Petite Sociology wrote: »

I am sorry this thread has calmed the op down, he deserved to live a bit longer knowing he ruined his life ( & potentially others lives).

If this happened last year, OP with 89μg in his urine would be sober.

Hardly a murderer after having probably no more than 2 pints.

I'm sure at the same time when OP was travelling this 400m barely over the limit, sober drivers caused way more dangerous situation in plenty of other places in this country.

OldmanMondeo

CiniO wrote: »

I'll say it again - I think current Irish drink driving limits and penalties for exceeding them are really very well though and reasonable.

While they may be, the problem is people who think their grand after the next one. Sure the Gardai are out catching real criminals....

Studies have been done, drinking effects you from half a pint to a keg, it will effect your driving.

Why take the chance?

btkm8unsl0w5r4

My god, are people actually defending driving with any amount of drink on you? Even the op wasn't defending himself.

Voodoomelon

I'm not defending drink drivers and wouldn't have a pint myself, but I don't see how a lad who had a single bottle of beer is worse than someone bleary-eyed tired getting behind the wheel, an L driver with no licensed driver, someone with bald tires or an elderly person with poor vision hitting the road.

They are no more less-well intentioned than any of the above and probably not as dangerous. Giving the drinker a 6 month ban and turning a blind eye to the others makes no sense.

drunkmonkey

Fitz you can't use the same stick to beat everyone, just look at the problems it's caused with drugs, lets just get hardcore and ban everything mentality doesn't work.
The country side is completely underserved when it comes to public transport, I grew up in the county, drunk driving is dangerous and foolish, drink driving is not necessarily the same thing and I think our drink driving laws acknowledge it.