Drink driving charges in Ireland are prosecuted under the Road Traffic Acts and carry serious and mandatory consequences, including automatic disqualification periods, fines, and in more serious or repeat cases, a term of imprisonment and a permanent criminal record. The specific penalty depends on factors such as the concentration of alcohol detected, whether the reading was taken by breath, blood or urine sample, and whether this is a first or repeat offence.
Killian will review every case in detail before advising on the best course of action. That review typically covers:
The legality of the initial stop
Was there a lawful basis for the Garda checkpoint or the decision to stop your vehicle?
Compliance with statutory procedure
Was the correct caution given, and were the required forms and timelines under the Road Traffic Acts followed? Were gardaí using the correct statutory basis for requiring you to provide a roadside sample?
The request for a roadside sample
Why did gardaí ask you for a roadside sample? Was it done under the correct power? Were the test device instructions followed?
The reliability of the evidential breath testing device in the station
Was it properly calibrated, certified and operated in line with manufacturer and Garda protocols?
Chain of custody for blood or urine samples, where applicable
Including whether you were properly offered the choice of sample type and given the correct part of any split sample.
Station procedure
Including whether your rights, such as access to a solicitor, were respected throughout.
Where a genuine defect exists in any of these areas, Killian will vigorously pursue it. Where the evidence against you is strong, his focus is on building the strongest possible mitigation, addressing your driving history, your personal and professional circumstances, and any steps you've already taken (such as attending an awareness course), with the aim of minimising the impact on your licence, your employment and your record.
Charged with a road traffic offence in Cork?
Contact Killian McCarthy today for a confidential consultation. Early advice, ideally before you attend court or give any statement to gardaí, gives you the best chance of protecting your licence, your livelihood and your future.