‘Automatic’ and ‘Minimum’ Periods of Disqualification

When you are facing a drink driving charge, you will probably hear a lot about ‘automatic’ and ‘minimum’ periods of disqualification from driving, but what do these terms actually mean?

Automatic period of disqualification

This is the standard amount of time that a person will usually be disqualified from driving for when they are facing a drink driving offence.

Minimum period of disqualification

This is the shortest amount of time a person is allowed to be disqualified from driving for when they are facing a drink driving offence.

Some offences, such as high range drink driving, do not have a maximum period of disqualification, which means that someone who is found guilty of this offence can be disqualified for an indefinite period of time.

Generally, the magistrate will nominate a time period between the minimum and the automatic period for disqualification.

If the magistrate decides to deal with the case under a section 10 dismissal or conditional release order, there will be no period of disqualification.