If you are found to be driving under the influence of drugs (including prescription drugs), regardless of driving performance, you will be convicted of the offence of drug driving.
A conviction for drug driving, like drink driving, in the District Court results in a disqualification from driving regardless of whether or not a guilty plea was entered.
The maximum penalty for drug driving (if convicted) is 12-months disqualification from driving for a first offence and 2 years for the second or subsequent offence, a €5,000 fine and/or a six-month jail sentence.
Judges generally do not impose the maximum penalties for first time-offenders – it tends to be for repeat offenders.
If you decide to plead guilty or are found guilty after a hearing, we endeavour to mitigate the sentence and get you the best result by addressing the Court about your personal circumstances. For a first-time offender, we would hope for a fine of the lower end of the scale, and no jail time.
While a disqualification from driving is mandatory, we can apply to delay the disqualification for a period of time if you need time to get your affairs in other and arrange alternative transport.
Drug Driving with impairment
If you are convicted of driving under the influence of drugs (including prescription drugs) and your driving is impaired to such an extent that you don’t have proper control of the vehicle, the minimum disqualification on a first offence is 4 years and 6 years for a second or subsequent offence.
Like the offence of drug driving with no impairment, the maximum penalty for this offence is a €5,000 fine and up to 6 months imprisonment.
Contact us today for a consultation to discuss your case.