Q: What are the procedures involved if a person is stopped by the Gardaí and arrested by for drink driving.
A: If you are arrested at the roadside for drink driving, the Garda is obliged to inform you in ordinary understandable language that you are being arrested for the offence of drink driving.

You will be brought to a local Garda Station, where you will be informed of your rights by a member in charge of the station. These rights include consulting with a solicitor, but it should be noted that failure to contact your solicitor will not excuse you from complying with the Garda's request for a sample of blood, urine or breath specimen.

In the case of Walsh v O'Buchalla, the right of access to a solicitor was evoked by the defendant, who claimed that because he was denied access to his solicitor, the sample of blood taken was unlawful because his constitutional right to access to a solicitor was denied. The High Court rejected this and said that, because it was a statutory obligation to provide a specimen when arrested for drink driving, no amount of legal advice would change this obligation. In other words, the solicitor could not have advised their client not to provide a specimen, which would amount to advising them to break the law.

If you provide a sample of blood or urine, the sample will be divided into two containers in your presence and sealed. You will then be offered a sample of your choice and the remaining sample will be sent to the Medical Bureau of Road Safety for analysis. The results of the test will be posted to you and the Garda concerned. You may have your own sample independently analysed if you wish. If the alcohol level is shown to be over the legal amount, the Garda will summons you to appear in the District Court to answer the charge of drunken driving.

Similarly, if you provide a sample of your breath, you will be observed for 20 minutes by the Gardai prior to giving a breath specimen to ensure that you take nothing orally. This means no food, drink or smoking can occur during this period. You will then be asked to give two specimens of breath. The intoxilyser machine will give two immediate print-outs of the level of alcohol in your breath You will be offered a choice of either read-out to retain for yourself and the other will be used by the Garda in court as proof that you were above the legal limit.

If you are below the legal limit, that is the end of the matter. If you are over the legal limit, you will be summonsed by the Garda to appear in court at a later date to answer the charge of drink driving.

The article above contains general information and should not be relied upon as legal advice. Specific legal advice should be obtained at all times.

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