Australian Capital Territory Current Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 33

    (1)     This section applies only to repeat offenders.

    (2)     If a court convicts a special driver, other than a driver trainer, of an offence against section 19 (1) and finds that the concentration of alcohol in the person's blood or breath was at a level mentioned in an item of column 2 of an item of table 33, the person is automatically disqualified from holding and obtaining a driver licence for—

        (a)     the period mentioned in column 4 of that item; or

        (b)     if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.

    (3)     If a court convicts a person other than a special driver of an offence against section 19 (1) and finds that the concentration of alcohol in the person's blood or breath was at level 2, 3 or 4, the person is automatically disqualified from holding or obtaining a driver licence for—

        (a)     the period mentioned in the item applying to that level in table 33, column 4; or

        (b)     if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.

    (4)     For the Magistrates Court Act 1930

, section 208 (1) (g), an automatic disqualification from holding or obtaining a driver licence under this section is taken to be an order of the court to disqualify a person from holding or obtaining a driver licence.

Table 33

column 1 item	column 2 alcohol concentration level	column 3 minimum disqualification	column 4 default disqualification
1	level 1	3 months	12 months
2	level 2	3 months	12 months
3	level 3	6 months	3 years
4	level 4	12 months	5 years

Note     The effect of disqualification is set out in the Road Transport (General) Act 1999

, s 66.