The Fine Clock

Drink driving

Drink driving runs on a different mechanism to every other fixed charge on this site. The Road Traffic Act 2010 gives it its own chapter — a fixed penalty notice at one of two amounts, each carrying a mandatory driving ban you serve whether or not you were ever prosecuted. Above both sits a separate, court-only regime, where a conviction bans you for years, not months.

The mechanism

A separate fixed penalty scheme, not a schedule row

The Road Traffic Act 2010 gives drink driving its own chapter, apart from the S.I. 227/2024 amounts every other fixed charge on this site follows. Where a concentration falls within one of two bands, Gardaí can offer a fixed penalty notice instead of a prosecution — but unlike every other fixed charge here, paying it still carries a mandatory driving ban.

  • €200Lower band, fixed penaltys. 29(7)(a)
  • €400Upper band, fixed penaltys. 29(7)(b)

The limits

The concentration limits, by specimen

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SpecimenGeneral limitLearner / novice / professional
Blood50 milligrammes per 100 millilitres of blood20 milligrammes per 100 millilitres of blood
Urine67 milligrammes per 100 millilitres of urine27 milligrammes per 100 millilitres of urine
Breath22 microgrammes per 100 millilitres of breath9 microgrammes per 100 millilitres of breath
Road Traffic Act 2010, s. 4(2)–(4). Measured within 3 hours of driving or attempting to drive. A “specified person” is a learner permit holder, a driver within 2 years of a first licence, or a driver in one of several professional categories (bus, truck, taxi) — s. 3(1).

Paying it

Two bands, two mandatory bans

Both bands carry a driving ban that starts whether or not the matter ever goes near a court. A specified person is eligible for the notice only at the lower band — the Act gives them no fixed-penalty route at the upper one.

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BandConcentrationFixed penaltyMandatory banSpecified person eligible
LowerNot exceeding 80mg/100ml blood, 107mg/100ml urine, or 35 microgrammes/100ml breath€2003 monthsYes
UpperExceeding 80mg but not exceeding 100mg/100ml blood (or the equivalent urine/breath bands)€4006 monthsNo
Road Traffic Act 2010, s. 29(7)–(8), as substituted (26.10.2018) by the Road Traffic (Amendment) Act 2018, s. 2(1)(c). Payment is due within 28 days of the date on the notice (s. 29(11)(d)). Paying does not stop points or a ban; it stops a prosecution.

This route is not always open

You are not eligible for a fixed penalty notice at all if you do not hold a driving licence, or if you are already disqualified, at the time of the alleged offence. And having paid one once, you are not eligible for another within 3 years of the disqualification that followed it — the second incident within that window goes to court, not to a notice. Paying while you know you are ineligible is itself an offence, carrying a fine of up to €5,000.

If it goes to court

A conviction bans you in years, not months

A concentration above the upper fixed-penalty band, or a second offence, is not offered a notice at all — it goes to court. Conviction under section 4 or 5 carries its own disqualification table, in four tiers by concentration, and the ban roughly doubles for a second or subsequent offence at the same tier.

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TierBloodUrineBreathFirst offenceSecond or subsequent
1Not exceeding 80mg/100mlNot exceeding 107mg/100mlNot exceeding 35 microgrammes/100ml6 months1 year
2Exceeding 80mg but not exceeding 100mg/100mlExceeding 107mg but not exceeding 135mg/100mlExceeding 35 but not exceeding 44 microgrammes/100ml1 year2 years
3Exceeding 100mg but not exceeding 150mg/100mlExceeding 135mg but not exceeding 200mg/100mlExceeding 44 but not exceeding 66 microgrammes/100ml2 years4 years
4Exceeding 150mg/100mlExceeding 200mg/100mlExceeding 66 microgrammes/100ml3 years6 years
Road Traffic Act 1961, s. 26(4)(b), Table, as substituted by Road Traffic Act 2010, s. 65(1)–(2). Convicted of an offence under section 4 or 5, you also face a fine of up to €5,000 or up to 6 months’ imprisonment, or both — a court penalty, separate from the disqualification above (s. 4(5) / s. 5(5)).

What this page does not cover

Drug-driving limits sit under a separate blood-only regime (RTA 2010 s. 4(1A) and its own Schedule of specified drugs) that this page does not state a figure for. And no tolerance or margin of error applies to any limit above: the Act creates an express margin-of-error power for alcohol readings, but it has never been commenced, so none exists in force to apply.

Every figure is sourced to a named provision of a named instrument, with the citation beside it.