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Is drink driving an automatic ban?

If you’re convicted, then yes.

If a person pleads guilty to drink driving or they are found guilty of drink driving, they will be disqualified. This is a policy decision. In other words, the decision to disqualify is mandated by law, not the judge overseeing the case.

The law states that if a person is found guilty of drink driving then they must be disqualified from driving. In truth a Judge may have great sympathy for a person who appears before them but the Judge has no choice. The law is not really interested in your particular circumstances.

Does the Judge take into consideration that you might be the sole bread-winner in the family, might have children to drop to school, might be a sole carer, might never have been in trouble before?
Yes, but that still won’t stop them from disqualifying you.

Could the Judge simply ignore the law and refuse to disqualify you? For instance, instead of disqualifying you, could they simply give you a fine?

No, they could not. They must apply the law and the law states that on conviction a person must be disqualified.
This law is archaic and ought to be amended or changed by the government.
The vast majority of people who are arrested for drink driving have never been in trouble before, hold sensible jobs and pay their taxes. In the vast majority of cases there has been no “aggravating” feature in their case i.e. no accident or injury to a person.

It is senseless in throwing these productive people off the road where they may lose their jobs, cease contributing taxes to the economy and become a burden on the State. How is the public interest served in these cases?
In many cases these people have had some alcohol and been stopped at a checkpoint, been tested and found to have exceeded the limit. They are then arrested. In all cases a person faces a disqualification from driving of between 2-3 years on average.

Imagine being without your car for one year, never mind 2 or 3.

Many will feel no sympathy for such people. They will argue that the law is the law and that is the end of it. In their mind the law should be applied equally among all people.

I cannot disagree with them, but I do pose one question: you may never drive after drinking, but could you be so sure about your son or daughter or brother or sister?

Could you be so sure that they wouldn’t do something silly like driving after drinking?

What about your good friend? Could you be sure that they wouldn’t do such a thing? And if they did, what would your view be? Would you demand that they face the full consequences of the law and be disqualified from driving?

Would you, even though you knew what those consequences would be? Would you still hold these struct views knowing that they and their family face profound economic hardship?

Very likely not.

But why? Why not? What’s different?

Well, because you know them, that’s why. And you know that they are good people who have worked hard all their lives and have been great parents and exemplars in society. These are good people you tell yourself and are certainly not criminals.

Therefore, they should be treated differently in your view.

In your mind the law should make allowances for good people like this.
But the law doesn’t.

The law doesn’t care. If these good people that you know are found guilty, they will be disqualified.
Does that seem fair to you?

Now can you understand why people who face these charges, who face often economic and professional oblivion, are forced to fight these cases with all their might, to appeal if necessary and continue fighting?







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