Being pulled over by the PSNI and arrested for a motoring offence is an incredibly stressful experience. At H McPartland & Sons Solicitors, with offices in Lisburn and Lurgan, we frequently speak with drivers who believe they were “safe” to drive because they didn’t feel intoxicated.
However, recent 2024/25 statistics from the Department for Infrastructure show that drink driving remains the #1 road safety concern in Northern Ireland. The law is strict, and the penalties are life-changing. If you find yourself facing a charge, understanding the process and your rights is essential.
When Can the Police Request a Breath Test?
Under Northern Ireland road traffic law, an officer can request a preliminary breath test in several scenarios:
- Suspected Traffic Offence: If you are seen swerving, speeding, or committing any other road traffic violation.
- Following an Accident: If the police have reasonable cause to believe you were the driver involved in a road traffic collision.
- Reasonable Suspicion: If, after stopping you for any reason, the officer suspects you have consumed alcohol (e.g., the smell of alcohol or slurred speech).
At the Police Station: The Evidential Test
If you refuse to comply with a roadside breath test or the result is positive, you will be arrested and taken to a police station. Here, the process becomes more formal:
- You will usually be asked to provide two specimens of breath for analysis on an evidential breath testing machine.
- If the lower of the two readings is over the prescribed limit, you will be charged.
- In some circumstances—such as medical reasons or if the machine is faulty—the police may request a blood or urine sample instead.
What is the Legal Drink Driving Limit in Northern Ireland?
The current legal limits for drivers in Northern Ireland are:
- 35 microgrammes of alcohol per 100 millilitres of breath.
- 80 milligrams of alcohol per 100 millilitres of blood.
- 107 milligrams of alcohol per 100 millilitres of urine.
Note: Even if you are slightly over the limit, the law offers very little room for manoeuvre. Factors like weight, age, and metabolism vary, making it impossible to “guess” if you are safe to drive after even one drink.
The Consequences: Penalties for a Conviction
A drink driving conviction carries a heavy social and financial burden. If you are convicted in court, the penalties can include:
- A Mandatory Driving Ban: Typically ranging from 12 months to 3 years (longer for repeat offenders).
- Heavy Fines: Fines can reach up to £5,000.
- Prison Sentence: In serious cases, you could face up to 6 months’ imprisonment.
- Requirement to Re-sit Test: You may be ordered to take an extended driving test before your licence is returned.
- Criminal Record: This can impact your current employment and future travel opportunities (such as entry to the USA).
How H McPartland & Sons Can Help
If you have been charged, you must seek expert legal advice immediately. Our dedicated team of road traffic law solicitors in Lisburn and Lurgan are experts in motoring offences.
We scrutinise every detail of the police procedure—from the calibration of the breathalyser to the way the arrest was conducted—to ensure your rights were protected. Our goal is to provide a robust defence and, where possible, minimise the length of a disqualification to keep you on the road.
Contact H McPartland & Sons today for expert representation.
- Lurgan: 028 3832 2452
- Lisburn: 028 9267 0325
Further Reading from McPartland & Sons