The two most common offences prosecuted in the courts in Ireland to do with drink and driving are sections 49 and 50 of the Road Traffic Act, 1961.

Section 49 deals with driving or attempting to drive a vehicle while under the influence of an intoxicant which includes both alcohol and drugs. This is commonly known as “drunken driving”.

It is important to note that the power of arrest in respect of this charge, without warrant, arises under under section 49(8) and provides that the Garda must form an opinion that the driver is committing an offence or about to commit an offence under section 49.

Section 50 of the Road Traffic Act, 1961 deals with the offense commonly known as “drunk in charge”. This offence is committed if you are in charge of a vehicle in a public place with intent to drive or attempting to drive....