Drug driving is a serious offence in Ireland, and it’s important to understand the laws surrounding it. Under Section 4(1) the Road Traffic Act 2010 as amended by Section 8 of Road Traffic Act 2016, it’s illegal to drive under the influence of drugs—whether they are prescription, over-the-counter, or illegal substances—that impair your ability to drive safely.

It is also a further offence under Section 5 of the Road Traffic Act 2010 to be “in charge” of a vehicle whilst under the influence of an intoxicant.

If you’re caught drug driving, you could face penalties such as fines, driving disqualification, or even imprisonment. The law was introduced to make our roads safer and protect everyone from the dangers of impaired driving. Make sure you’re aware of the risks and stay safe behind the wheel.

4.— (1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

5.— (1) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

Amendment of Section 4 and 5 of Act of 2010 – offences involving certain drugs

8. The Act of 2010 is amended –

(a) in section 4, by inserting after subsection (1) the following:

“(1A) Subject to subsection (1B), a person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of a drug specified in column (2) of the Schedule such that, within 3 hours after so driving or attempting to drive, the concentration of that drug in his or her blood is equal to or greater than the concentration specified in column (3) at the same reference number.

(1B) Subsection (1A) does not apply to a person in respect of a drug specified at reference number 1 or 2 in column (2) of the Schedule where the person is the holder of a certificate, in the prescribed form (referred to in this Part as a “medical exemption certificate”) which indicates that at the time at which the drug was found to be present in his or her blood (Δ9-Tetrahydrocannabinol has been lawfully prescribed for him or her and which is signed by the Doctor who prescribed it”

(1C) A person who signs a medical exemption certificate containing information which he or she knows to be false commits an offence and is liable on summary conviction to a Class C fine”,

(b) in section 5, by inserting after subsection (1) the following:

“(1A) A person, other than a person referred to in subsection (1B), commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle in question (but not driving or attempting to drive it), there is present in his or her body a quantity of a drug specified in column (2) of the Schedule such that, within 3 hours after so being in charge, the concentration of that drug in his or her blood is equal to or greater than the concentration specified in column (3) at the same reference number.

(1B) Subsection (1A) does not apply to a person in respect of a drug specified at reference number 1 or 2 in column (2) of the Schedule where the person is the holder of a medical exemption certificate which indicates that at the time at which that drug was found to be present in his or her blood it had been lawfully prescribed for him or her and which is signed by the doctor who prescribed it.”

and

(c) by inserting the following Schedule to the Act

SCHEDULE

Sections 4(1A) and 5 (1A)

Specified Drugs

Defending a drug driving case in Ireland requires a strategic approach, focusing on the legal, factual, and procedural aspects of the case. Below are the practical steps for defending a drug driving case in Ireland:

Practical Steps for Defending a Drug Driving Case in Ireland

1. Assess the Legality of the Stop and Arrest

   • Was the stop lawful?: Ensure that the Gardaí had a valid reason to stop you in the first place. If the stop was arbitrary or without reasonable suspicion, this could form the basis of a legal challenge.

   • Was the arrest lawful?: The Gardaí must have reasonable grounds to suspect drug driving and should explain why they believe you were impaired. If the arrest was not based on reasonable suspicion, it may be challenged in court.

2. Challenge the Roadside Drug Test Procedure

   • Proper procedure: Confirm whether the roadside drug test was conducted in accordance with legal requirements. Any procedural error or failure to follow protocol could undermine the validity of the roadside test results.

   • Accuracy of the test: Roadside tests may be inaccurate. Challenge the reliability of the test, especially if the officer did not follow the prescribed method.

3. Challenge the Blood or Urine Test

   • Procedural flaws: Ensure the Gardaí followed the correct procedure when collecting and handling the sample. For instance, they must ensure the sample was properly labelled, stored, and tested in a timely manner.

   • Chain of custody: If the blood or urine sample has been mishandled or there is doubt about the chain of custody, this can be used to challenge the test results.

   • Test timing: Test results could be disputed if there’s uncertainty regarding the timing of the test in relation to when you were driving. If there was a significant delay between driving and testing, this may weaken the prosecution’s case.

4. Examine the Drug Levels Found in Your System

   • Threshold levels: Review whether the levels of the drug found in your system exceed the legal thresholds. The law specifies certain limits for drugs like cannabis, cocaine, and benzodiazepines, and the evidence should reflect that these limits were exceeded at the time of testing.

   • Impact on driving ability: In some cases, the presence of drugs in the system does not equate to impairment. A qualified expert might testify that even with drugs in your system, your driving was not impaired.

5. Challenge the Impairment Evidence

   • Impairment signs: Review the evidence presented by the Gardaí regarding your impairment. Impairment must be proven through observed behavior, such as driving erratically or showing signs of being under the influence. If there was no clear evidence of impaired driving or erratic behavior, this could weaken the case.

   • Expert testimony: Expert witnesses, such as a toxicologist, can provide evidence on the level of impairment caused by specific substances and whether these levels would have affected your ability to drive safely.

6. Defend Using Medical or Prescription Medication

   • Legal prescriptions: If you were taking medication under a prescription, make sure to present this as part of your defense. You can argue that the drugs in your system were prescribed and you followed medical instructions.

   • Medical condition defense: If your drug use was related to a medical condition, you may have a defense based on medical necessity. This could involve expert medical evidence to explain how the drug affected your driving.

7. Challenge the Reliability of the Test Results

   • Accuracy of the lab results: Independent toxicology reports can be requested to verify the accuracy of the laboratory analysis. In some cases, lab errors or flaws in the testing process can be used to dispute the results.

   • Defence experts: An expert in toxicology may be used to argue that the test results are unreliable or do not accurately reflect impairment at the time of driving.

8. Consider the Absence of Drug Impairment Evidence

   • No evidence of impairment: If the Gardaí cannot show concrete evidence that you were impaired at the time of driving (e.g., no erratic driving, slurred speech, etc.), it may be possible to argue that you were not a danger on the road despite the presence of drugs in your system.

9. Prepare for Possible Penalties

   • If you are convicted, prepare for the potential penalties. While challenging the case, also consider negotiating a reduction in penalties if conviction seems likely, such as a reduced fine or a shorter disqualification period from driving.

   • Mitigating factors: Present any mitigating factors that could lessen the severity of the sentence. This may include your driving history, cooperation with the Gardaí, or the fact that the drugs did not impair your ability to drive.

10. Stay Informed About New Laws and Defenses

• New legislation: Stay up-to-date with any changes in drug driving laws in Ireland. New defences or changes in testing methods may provide additional strategies for defending drug driving cases.

• Case law: Review relevant case law to identify past rulings that could support your defence strategy.

Working with Your Solicitor

Throughout the process, working closely with your solicitor is crucial. Your solicitor will assess the strength of the case, help identify weaknesses in the evidence, and guide you through the legal process. They will also help with preparing for court, presenting your defense, and potentially negotiating a plea deal if that is in your best interest.