Drink driving conviction for second or subsequent time within three years

In addition to those penalties, a person convicted for a second or subsequent time within three years of a drink driving offence must, before being sentenced, be referred to an assessment clinic to determine whether they suffer from alcoholism or addiction to a drug [Road Traffic Act 1961 s 47J]. At present this requirement only relates to offences committed in the metropolitan area because there are no assessment clinics in other areas of the State.

Assessment report and consequences

The assessment clinic reports to the court on its examination of the person. A court that is satisfied that the person suffers from alcoholism or addiction to a drug must disqualify the person from holding or obtaining a driver's licence until further order. A person may, after the minimum period of disqualification to which they would have been liable if dealt with otherwise than under s 47J has expired, apply to the court for a revocation of the disqualification order. The court may revoke the order on the basis that the person no longer suffers from alcoholism or drug addiction or that there is other proper cause for him or her to be allowed to drive, and may grant a full or conditional licence. Before applying to the court for this order, the person must submit to a further assessment by the assessment clinic, which makes a report to the court.

Failure to attend assessment

If a person is ordered to attend a s 47J assessment, and does not attend the appointment, the court has power treat them as if they do suffer from alcoholism or drug addiction, and disqualify them until further order.