DPP to appeal High Court ruling overturning drink-driving conviction over chain of custody
A man was convicted of drink driving in January 2024 after a blood specimen taken at 00:37 on 21 August 2022 showed 126ml of alcohol per 100ml blood, more than double the legal limit of 50ml per 100ml. In late July 2025, Ms Justice Sara Phelan in the High Court overturned the conviction and two-year driving ban, ruling that the prosecution had not provided evidence of the chain of custody between the specimen being sealed and posted to the Medical Bureau of Road Safety. The judge found the statutory presumption in the Road Traffic Act did not cover that gap. The DPP is set to appeal the decision, which has implications for up to 7,000 drink-driving prosecutions each year, within 28 days of final orders being made in October.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court15 Sep
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- A man was convicted of drink driving after a blood specimen showed 126ml of alcohol per 100ml blood, more than double the legal limit of 50ml per 100ml.
- When
- The blood specimen was taken at 00:37 on 21 August 2022.
- Cause
- The conviction was overturned because the prosecution failed to provide evidence of the chain of custody between the specimen being sealed and posted for analysis.
- Investigation
- The garda sealed the specimen box and posted it to the Medical Bureau of Road Safety, but the garda witness gave no direct evidence of the container's whereabouts or who had access to it before posting.
- In court
- The District Court refused to dismiss the case, relying on a statutory presumption in the Road Traffic Act.
- In late July 2025, Ms Justice Sara Phelan in the High Court ruled the statutory presumption did not cover the chain of custody after sealing and ordered the January 2024 conviction and two-year driving ban overturned.
- The DPP is set to appeal the High Court decision within 28 days of final orders being made in October 2025.
- Other details
- The ruling has implications for up to 7,000 drink-driving prosecutions based on blood or urine specimens dealt with by the courts each year.
11 statements extracted from the articles
- whenThe man's blood specimen was taken at 00:37 on 21 August 2022. (irishtimes.com)
- courtThe DPP is set to appeal a High Court decision with implications for thousands of drink-driving prosecutions. (irishtimes.com)
- courtMs Justice Sara Phelan held the man was entitled to an order overturning his January 2024 drink-driving conviction and two-year driving ban. (irishtimes.com)
- courtThe DPP has 28 days to appeal once final orders are made in October. (irishtimes.com)
- courtThe District Court refused to dismiss the case, relying on a statutory presumption in the Road Traffic Act. (irishtimes.com)
- courtMs Justice Phelan ruled the statutory presumption did not extend to covering the chain of custody after the container was sealed. (irishtimes.com)
- otherThe courts deal with up to 7,000 drink-driving prosecutions based on blood or urine specimens each year. (irishtimes.com)
- otherThe garda sealed the box and posted it to the Medical Bureau of Road Safety for analysis. (irishtimes.com)
- otherThe Medical Bureau certified the specimen contained 126ml of alcohol per 100ml blood, exceeding the legal limit of 50ml per 100ml. (irishtimes.com)
- otherThe garda witness did not provide direct evidence about the whereabouts of the container prior to it being posted or who had access to it. (irishtimes.com)
- otherThe Act requires the prosecution to provide evidence about the storage of the specimen from when it was sealed to when it was posted for analysis. (irishtimes.com)
The reporting
newest first- 15 Sep2025DPP to appeal court ruling affecting thousands of drink-driving prosecutions
Reports the DPP's intention to appeal the High Court ruling and details the chain-of-custody issue that led to the man's drink-driving conviction being overturned.
accused, male