Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
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When you get banned for drink driving, the ban that is imposed is: Disqualification from holding a driver's licence.
This will mean that if you have an Irish drivers licence, you will be required to hand it in, and you will not be entitled to have the licence returned or to apply for a new licence until the period of disqualification has ended.
When you are Disqualified from holding a driver's licence in Ireland, this means that you will not be able to drive any vehicle in Ireland in a public place. A consequence of being disqualified from holding a driver's licence means that any motor insurance you have will no longer cover you for driving in Ireland, and you will not be able to take out a new policy of motor insurance while you are Disqualified from holding a driver's licence. The effect of this is that if you were to drive a motor vehicle in a public place while Disqualified from holding a driving licence, then you would be committing a number of criminal offences, and would not be covered by any motor insurance for any accident which might occur.
You are not banned from the Road, in the sense that it would still be lawful for you to be a passenger in a vehicle, or present as a cyclist or pedestrian
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You would still be disqualified from driving in Ireland. Furthermore, there is now mutual recognition between Ireland and the UK for disqualifications imposed for drink driving, so the disqualification in Ireland would also disqualify you from driving in the UK.
In Ireland, the Consequential Disqualification which is imposed following a conviction for drink driving, is pursuant to the Road Traffic Act 1961, Section 26(2), which reads: "...a consequential disqualification order shall operate to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period..". This means that in Ireland, no driving licence which you may hold would be recognised as licensing you to drive in Ireland.
Furthermore, since January 2010, the disqualification from driving in Ireland, following a conviction for drink driving in Ireland, would also act to disqualify you from driving in the UK. Further details on the recognition of the conviction and ban in Ireland for drink driving applying and likewise banning you from driving in the UK, can be found at: http://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/#a02
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