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.

  About immediate disqualification

This evidence is based on the results of a breath or blood test.

An immediate disqualification (ID) notice will be issued for the following offences against the Road Traffic Act 1974 (RTA).

  • Driving Under the Influence (DUI) of alcohol.
    • For example: with a Blood Alcohol Content (BAC) equal to or greater than 0.15 (Section 63 RTA).
  • Driving with blood alcohol content of or above 0.08.
    • For example: with a BAC equal to or greater than 0.08 but not more than 0.14. (Section 64 RTA).
  • Failure to comply with requirement as to provision of breath or blood sample for analysis (Section 67 RTA).

An ID notice will usually be served at the time of the alleged offence. However an immediate disqualification notice may also be issued within;

  • 10 days from the date of the 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 ID notice must be personally served by a Police Officer.

On service of the ID notice the person is disqualified from driving and any authority to drive is Suspended (Learner's Permit, Driver's Licence, and Extraordinary Licence).

The disqualification period is immediate and commences from the date and the time specified on the notice.

The disqualification period is for two months or until the person has been dealt with by the Court.

LBU_DL_FAQ_ImmediateDisqual.pdf icon Immediate disqualification (Frequently Asked Questions) Kb
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  Applications to revoke an immediate disqualification

An individual can make an application to the Magistrates Courts to have the ID Notice revoked.

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 individual 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 the application is granted, the individual will be able to resume driving from the day specified in the revocation notice.

The Department's records will be adjusted to reflect the actual period of disqualification, for example, from the date the notice was served to the day prior to the order being granted.

Opens in a new window Magistrates Court of Western Australia

 

Page last updated: Mon Sep 3 2018 12:31:08 PM