Drink Driving

Independent12

Hello all.
I am absoultely devastated writing this. I drank and then drove last night. I am utterly ashamed and hating myself and finding it hard to even write this. I am worried sick and wondering if anyone can offer me some advice.
I am really taking it badly and I completely aware of what a terrible thing I've done. I have been having a hard time personally which in a way led to the circumstances where I made a short journey after having approx 5 glasses of red wine with a dinner. I was stopped by the guards and brought into the station. They got me to blow into a machine but it didn't work so then I had to wait for a doctor to come and I was given the choice between a blood sample and a urine sample. I picked blood. They said they will write out to me in 10-14 days.
I am absolutely terrified and I don't know what to do.
I have told a couple of people I trust but I live alone as my marriage recently broke up and I am really having trouble coping. I am so ashamed. I never ever did anything wrong before. Don't have so much as a penalty point. I cried the whole time last night because I was so freaked out by being in a garda station.
Am I right in thinking that I am going to be way way over the limit and that I'll get disqualified from driving for a min of three years?
Will I have a criminal record?
Will everyone find out i.e. do they publish convictions?
How long will it take to get a court date if that is what happens?
I rely on driving for my job so I am worried sick and so scared. My job is the only good thing I have in my life at the moment.
I have been very very down for the last couple of years with marriage breakdown etc. and I honestly don't think I can cope with this hanging over me and the wait. I was supposed to be going on holiday alone in a week as I can't bear to be at home for Christmas due to marriage break up but now I don't know how I can go with this hanging over me.
Is there anything I can do?

Procrastastudy

Get a solicitor now - I'm not being smart this needs to be dealt with properly.

Independent12

Thanks for the reply.
Do you have any idea on the questions I had?
Just feel like I'm going to have a nervous breakdown if I don't find out something. Am so scared.
Thanks

Strawberry Fields

Independent12 wrote: »

Hello all.
I never ever did anything wrong before. Don't have so much as a penalty point.
Am I right in thinking that I am going to be way way over the limit and that I'll get disqualified from driving for a min of three years?
Will I have a criminal record?
Will everyone find out i.e. do they publish convictions?
How long will it take to get a court date if that is what happens?
?

Firstly a summons will be posted out to you with a date to appear in court. They don't publish convictions, but you may have to disclose this if asked in the future. When the summons arrives hire a solicitor to represent you in court, go through it with them. Also this is helpful http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html

Procrastastudy

The charter is quite specific and to be fair I wouldn't have a clue beyond what I've read here. I'd suggest doing a search.

On a practical level - things are really as bad as they seem when it comes to this sort of thing. Get a decent solicitor and follow their advice.

Paulw

You need to wait to get the official results of the test. That will determine what happens next. Until then, there is nothing you can do.

No, everyone will not find out. They don't publicise it. So for now, wait and see.

zenno

The first thing you have to do is Relax, as you didn't injure or kill anyone.

You might not be to highly over the limit but even so, you will more than likely get a fine and a possible 6 month ban at the worst. So don't panic, it's not as bad as you think. You will be ok. Try not to worry too much about it and when you pay your fine just move on and try and not make the same mistake again.

It's not as bad as you think.

Thoie

I'd suggest get a solicitor, and also go see your GP first thing Monday and tell him what you told us. Print it out if that makes it easier, and remember, he's seen this all before.

Whether (or how much) you're over the limit will depend on lots of things - how much you'd eaten, how your body metabolises alcohol, how long since your last drink, all kinds of things. Depending on the amount of alcohol in your blood at the time of testing, penalties range from a fine and 3 penalty points, to a fine and a period of disqualification (see http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html). If you are disqualified, you can appeal the decision (a solicitor will fill you in better than anyone on the internet).

Try to arrange some time off Monday morning to see your GP and arrange a solicitor. Difficult as it may be, try to relax tonight/tomorrow (without drink or drugs) - maybe watch a comedy?

Independent12

Thanks for the replies. much appreciated.
Does anyone know roughly how long the court date would be after the test results are sent out?
Are the years of disqualification specified and shown on the citizens information website set in stone or does the judge have discretion e.g. based on remorse, how you acted when arrested, liklihood that you'll do it again etc?

Paulw

zenno wrote: »

You might not be to highly over the limit but even so, you will more than likely get a fine and a possible 6 month ban at the worst.

Not quite true, as it will depend on how far over the limit the OP is. So, a "6 month ban at worst" may not be the worst possible outcome.

But, no point wondering what ban/fine, etc may come until you find out the result of the blood alcohol test.

Paulw

Independent12 wrote: »

Are the years of disqualification specified and shown on the citizens information website set in stone or does the judge have discretion e.g. based on remorse, how you acted when arrested, liklihood that you'll do it again etc?

From the Citizen's Information webpage - The above penalties are minimum penalties and the judge has the discretion to increase these penalties.

Wait for the blood results before you panic. You may not be over the limit, or may be slightly over the limit. You don't know yet.

h2005

zenno wrote: »

The first thing you have to do is Relax, as you didn't injure or kill anyone.

You might not be to highly over the limit but even so, you will more than likely get a fine and a possible 6 month ban at the worst. So don't panic, it's not as bad as you think. You will be ok. Try not to worry too much about it and when you pay your fine just move on and try and not make the same mistake again.

It's not as bad as you think.

6 months after 5 glasses of wine is the best case scenario.

zenno

Paulw wrote: »

Not quite true, as it will depend on how far over the limit the OP is. So, a "6 month ban at worst" may not be the worst possible outcome.

But, no point wondering what ban/fine, etc may come until you find out the result of the blood alcohol test.

Quite true, but i know a person that was in a similar predicament after drinking a full bottle of wine and this person got a €600 fine and banned for 6 months, but as you say it can go the other way. In my opinion I think the OP will be ok and get a less severe fine.

Peppa Pig

Sounds like a lot of remorse and the fact that you won't do it again.
If there is a positive side at all, just remember the only one to lose out is you. Did you harm anyone else? Doesn't sound like it

You could be in a much worse place now than you are, so be thankful for that. You didn't hit anyone else.

GoodisonPark

First things first ....
5 glasses of wine with a meal - depending on what time elapsed , your physical structure , metabolism etc .. It's possible that you could be ok.
Did they give you a sample to keep for yourself? You could have your own test done on this.
I'd wait and see how this pans out then if and then you receive a summons stay calm and engage a solicitor.
Above all - STOP WORRYING ! Your not the first , and won't be the last to take a chance on a short trip home.

Independent12

Yes they gave me a sample.
Where could I get this tested?
Thanks for all the replies. At the moment I am seeing the worst case scenario to be honest. 3 years off road. I will lose my job. Feel so so guilty. Was on my own, didn't hurt anyone or have an accident or anything like that.

Reloc8

1. Wait for the letter with the test results.

2. If this is over the limit, GO TO A SOLICITOR

3. Everything else flows from this - there's no certainty as to what your potential penalties are without knowing what the reading is. If its court, it probably won't happen for a good few months yet, if its a fixed fine and disqualification option, things will take effect quicker. You just don't know at this point - you don't even know if you were over the limit (although from what you say it seems likely).

4. You're going to have to cope. If you don't have anyone in your life that you can talk to about this you need to see somebody professionally. Your GP is a good option to start.

5. In a couple of years (which will pass quicker than you think now), one way or the other, this will all be just a bad memory. It was a mistake, but nobody is hurt or dead, so you have gotten away with it on the important stuff. Everything else will pass. Right now you're a million miles away from a 3 year ban. You can't presume the worst, for your own sanity.

Procrastastudy

GoodisonPark wrote: »

First things first ....
5 glasses of wine with a meal - depending on what time elapsed , your physical structure , metabolism etc .. It's possible that you could be ok.
Did they give you a sample to keep for yourself? You could have your own test done on this.
I'd wait and see how this pans out then if and then you receive a summons stay calm and engage a solicitor.
Above all - STOP WORRYING ! Your not the first , and won't be the last to take a chance on a short trip home.

I realise your putting forward the best case scenario but 5 glasses is conservatively a full bottle which is roughly ten units. That's going to take ten hours to work out of the average system.

Independent12

Thanks for the replies.
Is there a place I can bring the blood sample and get it tested there and then to put me out of my misery?
I can't believe what a fool I've been :-(

Procrastastudy

Independent12 wrote: »

Thanks for the replies.
Is there a place I can bring the blood sample and get it tested there and then to put me out of my misery?
I can't believe what a fool I've been :-(

Maybe try your GP but I really think it's going to be a waste of money. OP Judges are reasonable people when confronted with reasonable people. I really wouldn't be worrying too much at this point. Speak to a solicitor and they'll put you right.

Independent12

Thanks. Will try get some sleep now. Hopefully I'll be able to.

Nonoperational

You could be sitting there after doing something a lot worse. You got away with it without anyone being hurt. Unfortunately it's done now and no amount of worrying and thinking about it will change it. Depending on the size of the glasses of wine and the timing etc, it might not be too bad. It's a lesson, you can deal with it and move on.

Reloc8

Independent12 wrote: »

Thanks. Will try get some sleep now. Hopefully I'll be able to.

Do that - and do yourself a favour - don't even read this thread now tomorrow or at all until you get the test results.

ResearchWill

Independent12 wrote: »

Thanks for the replies.
Is there a place I can bring the blood sample and get it tested there and then to put me out of my misery?
I can't believe what a fool I've been :-(

Keep the sample in a fridge, do not in any way tamper with it. Get advice from a solicitor as to which lab will test it for you. Arrange for solicitor to get test done.

Nobody here can say what they think the result will be as there are so many variables, 5 glasses of wine could be half a bottle or a bottle and a half, it also depends on the amount of time and how quickly you process alcohol.

Also had you taken any medication that day, if the sample proves under the limit they will then test for both legal and illegal drugs.

You will receive directly from the medical bureau the results of your sample. If you are under the limit then that is the end of if. If over the limit then depending how much you will either get a fixed penalty notice or a summons the bans range from 6 months to 3 years, at the lowest possible reading between 50 to 80 (blood) there is 3 points and a fine, depending on reading, in a court setting the judge has no discretion to go below the minimum set by law no matter how sorry you are, he can but rarely does go above the minimum.



(i) did not exceed 80 milligrammes of alcohol per 100 millilitres of blood, 3 penalty points shall be endorsed on the entry relating to the person, or

(ii) did not exceed 100 milligrammes of alcohol per 100 millilitres of blood, the person shall be disqualified for holding a driving licence for a period of 6 months beginning on the date referred to in subsection (14),

The disqualification periods are set out here

http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0065.html#sec65

Mansized Wreath

OP, I've been in the exact same position and know how you feel. Trust me,it's not half as bad as you are making it out to be or it seems. You've to wait for the letter,which should come in the next couple of weeks. You then get summons (hand delivered) to appear in court district offence took place. You can engage a solicitor if you wish (not necessary if you intend to plea guilty,although I had one anyway). You can apply for a 'Gary Doyle order' which gives you a copy of the Garda evidence, do this if you wanna check about contesting Garda evidence, solicitor will advise you further on this. If you are facing a ban and pleading guilty the ban automatically kicks in 14 days after court. However, you can request the judge defers the ban for a max of 6 months (need car for work,kids,to get thing sorted etc). Yes it does stay on your record for life,however let's be practical here, it's a common road traffic offence. I work in Social Care and was terrified my career was over,it's not and once I declare it in interviews it's never been a problem. Solicitor fees re; pleading guilty are gonna be around the €500 mark. If you contest it you could be looking at hiring a barrister along with a solicitor and that's gonna add up. It's not gonna be printed in any media outlets, you didn't knock down anyone did you? Take a deep breathe,wait for results and go from there. First offence, judge will on some level empathize.

Ken.

First think Monday morning find out where your nearest AA meetings are and sign up, go to them. At court this will stand to you.

ResearchWill

ken wrote: »

First think Monday morning find out where your nearest AA meetings are and sign up, go to them. At court this will stand to you.

I have never seen membership of AA being used in a first offence drink driving, maybe a third conviction facing jail but never a first. In fact most District Judges give the minimum ban no matter what, only giving more and higher fine if AGS give evidence that the defendant caused trouble during detention.

Reloc8

If you are or believe yourself to be an alcoholic you should :-

ken wrote: »

First think Monday morning find out where your nearest AA meetings are and sign up, go to them. At court this will stand to you.

Otherwise you'd be wasting your time and theirs.

Independent12

Thanks again for the replies. Definitely not an alcoholic so won't take the advice on AA. Won't be drinking for the foreseeable future though as I'm so ashamed of myself the thought of having a drink makes me feel sick. Can't even eat I'm so worried.

Pkiernan

You may not consider yourself to be an alcoholic.

I am not having a go at you personally, but you do have an alcohol problem. And you are in trouble because of it.
Your use of alcohol now has had profound and very real effects on your life.
This is by definition an alcohol problem.

If you are as remorseful as you state, it would do you no harm to go to AA.

ResearchWill

Pkiernan wrote: »

You may not consider yourself to be an alcoholic.

I am not having a go at you personally, but you do have an alcohol problem. And you are in trouble because of it.
Your use of alcohol now has had profound and very real effects on your life.
This is by definition an alcohol problem.

If you are as remorseful as you state, it would do you no harm to go to AA.

It is not even clear yet that the OP was over the limit. He said he had 5 glasses of wine with dinner, he said he does not need AA.

BTW how you or any one can tell a person has a drink problem from what the OP has said, to be blunt after the OP said he did not its none of your business.

Luca Brasi

Paulw wrote: »

You need to wait to get the official results of the test. That will determine what happens next. Until then, there is nothing you can do.

No, everyone will not find out. They don't publicise it. So for now, wait and see.

This is good advice. First wait for the result. Because of having a meal and the time frame involved you may not even be over the limit. If over the limit consult with your solicitor. There are different penalties depending on the result of the test. Unless there are definite reasons to fight the case I would recommend a guilty plea with a submission to the court to mitigate the penalty as much as possible.

ResearchWill

Luca Brasi wrote: »

This is good advice. First wait for the result. Because of having a meal and the time frame involved you may not even be over the limit. If over the limit consult with your solicitor. There are different penalties depending on the result of the test. Unless there are definite reasons to fight the case I would recommend a guilty plea with a submission to the court to mitigate the penalty as much as possible.

Most District Judges give exactly the same penalty for fighting a drink driving charge as for a guilty plea. My personal opinion if you can afford it always fight a Drink Driving.

Milk & Honey

ResearchWill wrote: »

Most District Judges give exactly the same penalty for fighting a drink driving charge as for a guilty plea. My personal opinion if you can afford it always fight a Drink Driving.

Have you ever appeared before Judge Watkin?

The only place to test a medical sample is the medical bureau itself.

ResearchWill

Milk & Honey wrote: »

Have you ever appeared before Judge Watkin?

The only place to test a medical sample is the medical bureau itself.

No, but I did say most not all, if a DJ like one I used to appear in front of gives serious bans and fines well that what the appeal system is for.

I believe a private lab will test a second sample. Would it not be a problem to have the medical bureau also test the second sample.

Independent12

Just to clarify - I am female, not that it,makes a difference. Never got so much as a penalty point before.
Going through hell. Really disgusted with myself. Don't know how ill cope with the waiting. Thanks for the replies.

Procrastastudy

Pkiernan wrote: »

You may not consider yourself to be an alcoholic.

I am not having a go at you personally, but you do have an alcohol problem. And you are in trouble because of it.
Your use of alcohol now has had profound and very real effects on your life.
This is by definition an alcohol problem.

If you are as remorseful as you state, it would do you no harm to go to AA.

Be careful here. I know I've mentioned AA myself in regards to people who have been banned for drink driving, but I'd be dubious here. In cases where the ban is in-force and the person is looking to get it lifted I think saying you're in treatment is one thing. In this instance it may sway someone from giving the OP the benefit of the doubt of someone who made a one off mistake to banning a recovering alcoholic for the safety of others.

That said what the hell do I know; this is all probably academic anyway.

Procrastastudy

Independent12 wrote: »

Just to clarify - I am female, not that it,makes a difference. Never got so much as a penalty point before.
Going through hell. Really disgusted with myself. Don't know how ill cope with the waiting. Thanks for the replies.

I find a hot bath helps. I got picked up after a fight outside a pub once in Scotland - thought my life was over - lots of hot baths. Turned out that they didn't even bother cautioning me, but that's a story about Fife Constabulary for another day.

Worst comes to worst and you get a ban - get a loan and employ a driver for six months. Plenty of unemployed people out there - how legit you want to pay them is your own business.

Ken.

ResearchWill wrote: »

I have never seen membership of AA being used in a first offence drink driving, maybe a third conviction facing jail but never a first. In fact most District Judges give the minimum ban no matter what, only giving more and higher fine if AGS give evidence that the defendant caused trouble during detention.

Do they not give mandatory AA anymore for drink driving. A few years ago my uncle got done for DD and was ordered to attend 10 sessions of AA. I just thought if you are caught it would be good to be already in AA.

ResearchWill

ken wrote: »

Do they not give mandatory AA anymore for drink driving. A few years ago my uncle got done for DD and was ordered to attend 10 sessions of AA. I just thought if you are caught it would be good to be already in AA.

I think any such order from a DJ may be in excess of jurisdiction. But I can very well believe a few DJ's may have done this.

Ken.

ResearchWill wrote: »

I think any such order from a DJ may be in excess of jurisdiction. But I can very well believe a few DJ's may have done this.

Well this Judge in the Carlow district a few years ago gave this penalty to damn near everyone convicted of drink driving. 2 years of the road,£xxx fine and 10 AA meetings. I remember my uncle had to have a note to say he'd been to 10 meetings before he applied for his license back.

I thought this was the done thing everywhere.That's why i suggested the op start AA herself.

Savman

Independent12 wrote: »

Just to clarify - I am female, not that it,makes a difference. Never got so much as a penalty point before.
Going through hell. Really disgusted with myself. Don't know how ill cope with the waiting. Thanks for the replies.

Whatever the outcome of the test, at the end of the day it's only your driving that's affected. I know that probably sounds shallow, but if time off the road is the worst case scenario then so be it, there are always alternatives even if it is a culture shock.

Silly thing to do but obviously you already know this so why drive yourself insane thinking of the consequences? It serves no positive purpose.

If as you expect the test comes back positive defo get a solicitor and plead for leniency.

josealdo

you might be ok , i was stopped with 3 pints of larger and i was under the limit , just , but under is under and i drove home .

josealdo

h2005 wrote: »

6 months after 5 glasses of wine is the best case scenario.

under 50mg/L after 5 glasses of wine is the best case scenario and it's very possible , my mate had 4 pints over a night , he was taken to station and blood taken and the test came back under .

Independent12

Thanks Savman - it is more the consequences of a ban that I'm worried about i.e. the shame I will feel and the fact that it's a permanent criminal record. And the consequences for my job - driving is critical for it. And as my marriage broke up it's not like my husband can do all the driving etc. I'm completely alone. Don't live near my family either.

Figs666 - I hope you were right. But I was tired and emotional and I was "drunk" as otherwise I wouldn't have made such a stupid mistake. There is no excuse of course. I know everyone probably says it but I NEVER did anything remotely like this before. It was a combination of a number of circumstances that came together including having the car there in the first place which I never do. I'm not excusing any of it though, all my own fault and there's no grey areas with this kind of thing. If someone feels drunk does that mean their blood level is higher than if they didn't feel drunk but had the same amount of drinks? Over 150mg per 100ml of blood seems to mean a MINIMUM of 3 years with no discretion allowed by the judge. Am I right in thinking that only a few drinks will mean you're over that in general?

josealdo

you can get the case put forward . you can appeal , you could get the case thrown out of court if the guards fcuked up , which happens a lot .

whats your job ?

bootybouncer

talking about trying to worm out of it......................lad you have a serious drink problem, get help and knock it on the head completely.............................. do you time on the side lines and pay your fine, move on with your life

Milk & Honey

Independent12 wrote: »

Am I right in thinking that only a few drinks will mean you're over that in general?

If you are female, it is highly likely. Men of 17 stone and over can take a few drinks to reach the limit but I have seen petite women go double the limit at three glasses.

Pat Mustard

bootybouncer wrote: »

talking about trying to worm out of it......................lad you have a serious drink problem, get help and knock it on the head completely.............................. do you time on the side lines and pay your fine, move on with your life

This is not helpful at all.

Some cases are not strong enough to achieve a conviction. Some cases are worth contesting.

Procrastastudy

bootybouncer wrote: »

talking about trying to worm out of it......................lad you have a serious drink problem, get help and knock it on the head completely.............................. do you time on the side lines and pay your fine, move on with your life

Why are the stupidest posts always interspersed with superfluous full stops?

josealdo

i was bagged 3 times in my life over the limit and i only had one conviction against me , with i appealled , and your right i have a drink problem , I'VE 2 HANDS AND ONLY 1 MOUTH .LOL