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Driving Disqualification in SA

Written by Michelle Makela

Michelle Makela is one of our Legal Practice Directors and the National Practice Manager. She holds a Bachelor of Laws, a Bachelor of Science (Psychology) and a Master’s in Criminology. Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in 2011. She now supervises a team of over 80 solicitors across Australia.

In South Australia you can have your driver’s licence disqualified for a variety of reasons which include the accumulation of more than 12 demerit points, breaching your licence conditions or for driving under the influence of alcohol or drugs.

I have used all my demerit points what does that mean?

Disqualified Driving

If you are disqualified from driving because of loss of demerit points you will receive notification in the mail as to when your disqualification will start. You may also be given the option of having a “Good Behaviour Licence” for 12 months. If you receive this option you will have 21 days to advise that you accept, otherwise your normal disqualification will apply. If you accept the Good Behaviour Licence you will receive notification that you can continue driving. However, if you incur two or more demerit points during this time, you will be disqualified for twice the period you would have been originally.

When can an immediate loss of licence occur?

If you have been caught drink driving with a BAC between 0.08 and .149, or speeding excessively, which is 45km/hr or more over the speed limit, you will lose your licence immediately for six months. You will also lose your licence immediately if you refuse a breath, blood or drug test. If you have been caught drink driving with a BAC of .15 or higher you will be automatically disqualified for 12 months. Demerit points and fines also occur for drink driving offences, and the Court may impose a higher disqualification period, especially if it is not your first offence.

What happens if I was on my learners or provisional licence?

If you were on a learners or provisional licence before your disqualification, you will also have to go back a step. So, if you were on your P1 licence you will have to pass another driving test to get your P1 licence back. If you are under 25 you will also have to complete a 90 minute workshop on the high incidences of road accidents involving young drivers, referred to as the “UR Choice” program.

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