Chapter 3 of 13 · Drink and drug driving · 3 of 8
Drink driving first offence in Ireland: notice or court, and what the court weighs
Checked 15 Oct 2026the Road Traffic Acts, the Criminal Justice Acts and the District Court Rules as amended.
A first drink driving offence up to 100 mg can end with a fixed penalty notice: €200 or €400 and 3 or 6 months off the road. Above that the court must disqualify for at least 2 years.
Written for the person who has to go to court. This guide covers the District Court of the Republic of Ireland.
A first drink driving offence in Ireland goes one of two ways. The reading, your licence and your history decide which. This guide explains the fixed penalty notice and its conditions, when court cannot be avoided, what the District Court must do and what it can do, and what it weighs when it decides.
Two routes, decided by the reading
Since 26 October 2018 the Road Traffic Act 2010, section 29, as amended by the Road Traffic (Amendment) Act 2018, lets the Garda deal with the lowest bands by a fixed penalty notice instead of a summons. Everything else goes to the District Court.
| Reading (blood) | Ordinary driver | Specified driver |
|---|---|---|
| 20 to 50 mg | No offence | Fixed penalty notice: €200, 3 months |
| 50 to 80 mg | Fixed penalty notice: €200, 3 months | Fixed penalty notice: €200, 3 months |
| 80 to 100 mg | Fixed penalty notice: €400, 6 months | Court |
| Over 100 mg | Court | Court |
A specified driver is a learner permit holder, a novice in the first two years of a full licence, or a professional driver. The limits guide explains the limits and the specimens.
The fixed penalty notice and its three conditions
The notice is only available where all three conditions are met:
- You hold a valid driving licence.
- You have had no drink driving fixed penalty notice in the previous three years.
- You pay within 28 days of the notice.
Miss any one and the Garda applies for a summons. The notice itself sets out the fine and the disqualification. Paying it is an admission, but it is not a conviction: there is no court appearance and no criminal record. The disqualification is real, starts on the date the notice says, and is recorded against your licence at the NDLS (see the glossary).
Most people who qualify pay. Declining the notice means the court route, where the minimum disqualification for the same reading is longer: six months instead of three for the 50 to 80 mg band, one year instead of six months for 80 to 100 mg, and a conviction on top.
When court cannot be avoided
A summons follows where:
- the reading is over 100 mg (or over 80 mg for a specified driver);
- you did not hold a valid licence at the time;
- you had a drink driving fixed penalty notice in the previous three years;
- you did not pay within 28 days;
- the charge is driving while incapable of proper control under section 4(1), which does not depend on a reading;
- you refused or failed to provide a specimen.
The summons comes from the court office twelve to fourteen weeks or more after the Garda applies for it. The court date tool counts the days.
What the court must do
The Road Traffic Act 2010, section 65, fixes a minimum disqualification for each band. On a conviction the court has no discretion to go below it.
| Band | Minimum, first offence |
|---|---|
| Up to 80 mg | 6 months |
| 80 to 100 mg | 1 year |
| 100 to 150 mg | 2 years |
| Over 150 mg | 3 years |
| Incapable of proper control, s.4(1) | 4 years |
| Refusing or failing to provide a specimen | 4 years (figure to verify against the current Act) |
The longer periods for a second offence are in the disqualification periods guide. The disqualification takes effect from the fifteenth day after the order unless you appeal and enter a recognisance, which stays it until the Circuit Court decides.
What the court can do
Beyond the mandatory disqualification, the court can impose a fine of up to €5,000 and/or up to six months in custody. It can also order that you pass a driving test before your licence is restored.
The figures for 2025, from the Courts Service Annual Report published on 13 July 2026, show how the District Court used those powers across all drink and drug driving charges: 9,784 orders, of which 3,663 were disqualifications, 3,011 fines, 196 suspended sentences, 100 imprisonment, 699 dismissed and 1,405 struck out. Custody is at the far end and is associated with high readings, repeat offences, collisions and driving while already disqualified. A first offence with a reading in the lower bands most often ends with the minimum disqualification and a fine. The site does not predict your outcome; a solicitor who knows your district can tell you what is usual there.
What the court weighs
The judge hears the Garda outline the facts, then hears from you or your solicitor in mitigation. The things that matter, in roughly the order a solicitor would raise them:
- The reading. It fixes the band and therefore the minimum. Within a band, a reading near the bottom reads better than one near the top.
- A plea. A guilty plea at the first opportunity is credited. It also means the case is dealt with sooner, often on the first date.
- The circumstances of the stop. A checkpoint with no bad driving is different from a collision or a report from another road user.
- Your record. No previous convictions is the strongest card a first offender holds.
- Cooperation at the roadside and the station.
- Your circumstances. Work, family, a licence you need for employment, health, and what the disqualification means in practice. The court cannot shorten the minimum for hardship, but hardship bears on the fine and on whether the court goes above the minimum.
- Steps taken since. Not drinking, counselling, an alcohol awareness course, a letter from an employer. The support page lists services.
A character reference, short and honest, is handed up at this point.
The Probation Act and the disqualification
People ask whether the Probation of Offenders Act 1907 can keep a first offence off the record. The disqualification under the Road Traffic Act follows the finding that the offence was committed, so the Probation Act route does not remove it, and courts are slow to apply the Act to drink driving. Ask a solicitor what the position is in your district rather than relying on what happened to someone else.
Your first appearance
The charge is read. You can plead guilty, plead not guilty, or ask for time to get advice; an adjournment for advice is normally granted on a first appearance. If your means are insufficient and the charge carries a risk of custody, apply for legal aid under the Criminal Justice (Legal Aid) Act 1962 with a statement of means before anything else is dealt with. The legal aid check applies the two tests to your position.
A not guilty plea gets a hearing date. The lawful grounds are about the evidence: whether the Garda formed the opinion the Act requires, whether the procedure at the station was followed, whether the certificate is in order. That is a solicitor's work, not something this site can take you through.
Afterwards
The conviction is a criminal record, spent after seven years as a minor District Court motoring offence under the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016; see is drink driving a criminal record. Insurance is the practical problem most people hit first, covered in car insurance after a drink driving conviction. When the disqualification ends you apply to the NDLS for a licence; see getting your licence back.
Where this leaves you
Put your reading and licence type into the drink and drug driving checker: it tells you whether a fixed penalty notice can apply, the minimum disqualification the Act fixes for your band if it goes to court, and the fine and custody the court can impose. If a summons has arrived, find the court office through find a court and keep the date.
If you may qualify for legal aid, ask the judge for it at your first appearance. Many people speak to a solicitor before the date, and the support page is there if the arrest has knocked you.
Frequently asked questions
What happens for a first drink driving offence in Ireland?
It depends on the reading. Up to 100 mg per 100 ml of blood, with a valid licence and no notice in the previous three years, the Garda can issue a fixed penalty notice: €200 and three months off the road up to 80 mg, €400 and six months from 80 to 100 mg. Above 100 mg, or where you do not qualify, the matter goes to the District Court.
Do you go to court for a first drink driving offence?
Not always. The lowest bands are dealt with by a fixed penalty notice paid within 28 days, with no court date. A reading over 100 mg, a specified driver over 80 mg, no valid licence, a previous notice within three years, or an unpaid notice all mean a summons to the District Court.
Can you avoid a ban for a first drink driving offence?
No. Both routes carry a disqualification. The fixed penalty notice carries three or six months, and a conviction in court carries the minimum the Act fixes for the band, which the court cannot go below. The court can impose more than the minimum but not less.
How much is the fine for a first drink driving offence?
On a fixed penalty notice it is €200 or €400. In court the maximum is €5,000, and the court can also impose up to six months in custody, though custody for a first offence with a moderate reading is rare: 100 of 9,784 drink and drug driving orders in 2025 were imprisonment.
Can the Probation Act be applied to drink driving?
The Probation of Offenders Act 1907 is not used to avoid the disqualification, which the Road Traffic Act makes mandatory on a finding that the offence was committed. A solicitor can tell you what the court in your district does in practice. The disqualification follows whatever else the court decides.