If you own and drive a vehicle, this article is of great relevance to you as it explains the implication and consequences of being convicted for driving under the influence of alcohol or drugs.
Interesting statistics on drink driving
According to the Road Safety Authority, Ireland has a chronic problem with drink driving. In 2007 alone, 18,851 drivers were arrested on suspicion of drink driving, while a total of 18,053 drivers were arrested on suspicion of drink driving in 2008. That is an average of around 347 drivers arrested each week for drink driving in Ireland. Accordingly, Ireland ranks among the highest alcohol consuming country in the EU (Health Research Board, 2007).
A study referred to on the Road Safety Authority website (Bedford, et al, 2008) conducted between 2003 to 2005 highlights a number of sobering statistics:
- One in three crashes in Ireland were alcohol related;
- Where blood alcohol calculators (BACs) were available for killed drivers, over half (58%) had alcohol in their blood;
- In one in four crashes, the driver had consumed alcohol;
- One in four pedestrian deaths related to their own alcohol intake;
- Weekends through to Monday continue to be the high risk period for alcohol-related fatal crashes;
- Half of all alcohol-related crashes occur on Saturdays and Sundays
- Two out of every three alcohol-related crashes occur between 10pm on Friday night and 8am on Monday morning.
Section 4 (1) to (4) of the Road Traffic Acts 2010 has replaced section 49 (1) – (4) and has lowered the alcohol limits to the following drink driving offences.
- Driving (or attempting to drive) any mechanically powered or propelled vehicle in a public place while under the influence of any intoxicant to the extent of being unable to properly control the vehicle (section 4 (1) offence);
- Driving (or attempting to drive) any mechanically powered or propelled vehicle in a public place with a blood/alcohol content greater than 50mg of alcohol per 100ml of blood (section 4 (2) offence);
- Driving (or attempting to drive) any mechanically powered or propelled vehicle in a public place with an alcohol content greater than 67mg of alcohol per 100ml of urine (section 4 (3) offence);
- Driving (or attempting to drive) any mechanically powered or propelled vehicle in a public place with an amount of alcohol content greater than 22mcg of alcohol per 100ml of breath (section 4 (4) offence).
The consequential mandatory disqualification periods are provided by section 26 of the Road Traffic Act 1961, and run anywhere from six months to six years for the most serious offence.
In addition to these disqualification periods imposed on a driver on conviction, it is also open to a judge to impose a maximum penalty of a €5,000 fine, or a period of imprisonment for six months, or both.
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.
