If you have been charged with Mid Range or High Range Drink Driving, you were almost certainly suspended from driving by the police at the time you were charged.

One of the most common questions is whether any subsequent court disqualification will be backdated to the date police suspend your licence.

The short answer, generally, is yes. However the process is slightly complicated.

Disqualifications by a Magistrate

When you are convicted by a magistrate and you lose your licence, you are disqualified from driving or holding a licence. The disqualification attaches to you as a person, rather than your licence. When you are disqualified, your licences are cancelled.

Suspension by Police

A suspension on the other hand attaches to your licence only. It does not cancel your licence and can be lifted by a court, or after a period of time expires.

When does a Disqualification Commence?

Technically, a Magistrate disqualifying you for drink driving must commence the disqualification on the date of conviction. For example, a six month disqualification for Mid Range PCA must commence on the date of your Local Court sentence. The Court has no power to back date the disqualification start date

However, the court can order that the period of police suspension already served be taken into account as partial satisfaction of a total disqualification period. The practical effect of this is that the disqualification period is reduced by the period of the police suspension already served.

This means practically, the disqualification is backdated

Will a magistrate always order that the suspension period be taken into account?

Not always, and there is no requirement for the magistrate or judge to order that the police suspension be taken into account. However, in our experience the period of suspension will normally be taken into account as partial satisfaction of the Court imposed disqualification.

The magistrate must explicitly order this, so if no order is made that the suspension period be taken into account, then the period of disqualification imposed will be the full period with no reduction for the Police suspension.

Photo by Mat Reding