Know Your Rights with Femi Daniyan
Disqualification period for drug driving
The disqualification period for drug driving is four years in the case of a first offence under the section concerned, and not less than six years in the case of a second or any subsequent offence.
In addition to the disqualification period, the maximum penalty for drug driving is €5,000 or six months’ imprisonment, or both.
Disqualification period for refusal or failure to give a
sample
Many drivers are under the impression that if they refuse or decline to give a member of An Garda Síochána a sample (which under the act could be either a blood, breath or urine sample), they may be able to avoid disqualification as the Garda will have no evidence to rely on in prosecution. But this is not the case.
Under section 12 of the Road Traffic Acts, failure to give a sample may result in a mandatory disqualification period and/or maximum penalty as that for drug driving detailed above.
Removal of disqualification
To remove or revoke a disqualification from driving prior to the natural expiration date of the disqualification, an application must be made to the court in which the disqualification was imposed in the first place. The following conditions must be satisfied prior to making a restoration application:
- The applicant was disqualified for more than two years;
- The order disqualifying the applicant must have been made within a period of 10 years;
- The applicant has served over half the period of that disqualification;
- The applicant has contacted an insurance company that is willing to insure the applicant should the disqualification be revoked;
- The applicant has given 14 days notice in writing of the application to the superintendent of An Garda Síochána for the district in which the person ordinarily resides;
The court may grant such an application where the applicant has served:
- Under the 2010 Act: Two-thirds of the period or a minimum 2 years whichever is the greater;
- Under the 2006 Act: Two-thirds of the period;
- Under the 1961 Act: Where the order of disqualification is greater than four years, the court may grant the application after the expiry of two years.
Conclusion
If you are ever tempted to drink and drive, cast your mind to the statistics referred to previously, and to the disqualification periods attached to a drink driving conviction, and refrain – as the price to be paid for drink driving is too high.
Should you wish to know more about drink driving, contact the Road Safety Authority. Furthermore, if you are affected in any way by this article and would like legal advice, please consult your local solicitor.
Femi Daniyan is a barrister who practices in the areas of employment, immigration, professional negligence, probate, succession and family law amongst other areas. He is an advocate on human rights issues affecting minorities. He holds an MA in International Relations from Dublin City University.
