Immediate licence disqualification

Police have the authority to immediately disqualify an individual from driving where there is physical evidence indicating that the person's blood alcohol content (BAC) is above the legal limit.

  Immediate disqualification notices

Effective from 1 August 2012, the Road Traffic Act 1974 provides for a Police Officer who has reason to suspect a person who has failed an evidentiary breath test (or refused provide a sample for testing) has allegedly committed an alcohol related offence to serve an immediate Disqualification Notice (DN) on the person.   The alcohol related offences include that can result in the service of a notice include:

  • Section 64 of the Road Traffic Act (RTA) - Excess 0.08g - Driving or attempting to drive a motor vehicle with a Blood Alcohol Content (BAC) equal to or above 0.08g of alcohol per 100ml of blood.
  • Section 63 of the RTA -  Driving or attempting to drive a motor vehicle with a BAC equal to or above 0.15g of alcohol per 100mL of blood. D.U.I
  • Section 67 of the RTA – failure to provide a sample, allow sample to be taken or to accompany a Police Officer.

About an immediate disqualification notice

An immediate Disqualification Notice will usually be served at the time of the alleged offence. However, a notice may also be served within;

  • 10 days from the date of the alleged offence; in cases where a breath sample was provided or refused, or
  • 10 days from the time the result of a blood test is received back by the Police Officer.

An immediate Disqualification Notice  must be personally served by a Police Officer.

When an immediate Disqualification Notice is served on a person who has failed an evidentiary breath test (or refused to provide a breach or blood sample for analysis) the person is immediately disqualified from holding or obtaining a driver’s licence for two months unless the DN is revoked.  Any authority to drive is Suspended (Learner's Permit, Driver's Licence, and Extraordinary Licence).

Revocation of an immediate Disqualification Notice:

An immediate Disqualification Notice is valid for a two month period unless revoked for a reason prescribed in Section 71E of the Road Traffic Act 1974 which includes but is not limited to:

  1. The Police Officer becoming aware that the equipment used was faulty at the time of the analysis.
  2. A charge for the offence to which the disqualification notice relates not being lodged with a court within 10 days after the notice was served.
  3. A charge for the offence to which the notice relates being discontinued.
  4. A court dismisses the charge or acquits you of the offence that gave rise to the service of the Disqualification Notice

A notice of revocation will be forwarded to the person on whom the notice was served by the Police Officer who served the DN,

It is recommended that you contact the DoT on 13 11 56 if you have not been advised of your court date and have not received advice of revocation from the WA Police to ascertain the status of the disqualification notice.

Applications to Magistrate’s Court to  revoke an immediate disqualification

An individual can make an application to the Magistrates Courts to have the ID Notice revoked pursuant to s 71F of the Road Traffic Act 1974.

Applications must be made in person. For further information visit the Magistrates Court of Western Australia website for more information.

If the application is refused the person will remain disqualified from driving until the notice has expired or until they have attended court for the offence that gave rise to the service of the notice.

If an order is issued directing the Commissioner of Police to revoke the notice the person will be eligible to resume driving from the date specified in the revocation order provided they are not subject to any existing period of disqualification. It is recommended contact be made with the Department of Transport on 13 11 56 to ensure the order has been received and records has been amended.

If an order is issued by the Court to revoke the Disqualification Notice this does not mean the charge related to the alleged alcohol offence will not proceed.
 

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Page last updated: Fri Mar 8 2019 11:33:55 AM