IrelandI was breath-tested and failed. What happens next?
If you fail a roadside breath test in Ireland, you will be arrested and taken to a garda station for a more detailed evidential breath test. Refusing or failing that test is a criminal offence under the Road Traffic Act 2010.
What the Law Says
The Road Traffic Act 2010 sets out the legal process when someone fails a preliminary breath test. It requires a follow-up evidential test at a garda station — and makes it an offence to refuse or fail that test.
After failing a roadside (preliminary) breath test, a garda must arrest you and bring you to a garda station as soon as practicable. There, you must provide two breath specimens for analysis using an approved evidential breath testing device.
You must give these specimens within two hours of the preliminary test — unless a medical reason prevents it. If you refuse, fail to provide a specimen, or produce a reading over the legal limit (50 microgrammes of alcohol per 100 millilitres of blood), you commit an offence.
Penalties depend on whether it’s your first, second, or subsequent offence — with longer driving disqualifications and higher fines for repeat offences.
Statutory TextA person who, having been required by a member of the Garda Síochána to provide a specimen of breath for analysis by means of an evidential breath testing device, fails to provide such a specimen or provides a specimen which produces a reading in excess of the prescribed limit commits an offence.
— Road Traffic Act 2010, s. 12 — Offence of failing to provide specimen of breath
What to Do
Remain calm and co-operate with gardaí — but you have the right to speak to a solicitor before giving the evidential breath test.
Ask to contact a solicitor immediately — you are entitled to legal advice before the station test.
Do not attempt to drive away or refuse the evidential test — this is itself a criminal offence with serious penalties.
If charged, attend court on the date listed on your summons — do not ignore it.
Consider seeking legal advice early, especially if you intend to contest the charge or have prior convictions.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.