SA Drink licence Driving Appeal

If you’ve been stopped by the police to check upon your sobriety and the breath test results show that you were driving when your blood alcohol concentration was beyond the prescribed limits, the police will charge you with a drink driving offense. In South Australia, the police are empowered by the law to issue a notice to the drink driver regarding the drink driving offense.
 

The notice given by the police may be of an immediate suspension or an immediate disqualification. In cases where the drink driver’s blood alcohol concentration is 0.15% or higher, the police have the authority to immediately cancel the license of the drink driver.

The drink driver may appeal this notice to the magistrate’ court and evidence may be presented that there is no sufficient evidence to prove the driver’s guilt. This may happen if the breath or saliva sample was taken more than two hours after the first breath sample. The drink driver may also ask that the suspension or disqualification period be reduced.