Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) If a police officer forms a belief on reasonable grounds that a person has –
an approved operator may, as soon as practicable after that belief has been formed, issue a notice in the name of the person, known as an excessive drink-driving notice.(a) committed an offence under section 6 where it is alleged that the concentration of alcohol in the person's blood or breath (as the case requires) was –
(i) if the person holds a full licence or a foreign driver licence –
(A) 0.15 grams or more per 100 millilitres of blood; or
(B) 0.15 grams or more per 210 litres of breath; or
(ii) if the person does not hold a full licence or a foreign driver licence or holds a learner licence or provisional licence –
(A) 0.07 grams or more per 100 millilitres of blood; or
(B) 0.07 grams or more per 210 litres of breath; or
(b) committed an offence that would be a subsequent offence within the meaning of section 17(1)(b) if the person were convicted; or
(c) has failed or refused to submit to a breath analysis or to the taking of a sample of blood for analysis –
(2) On the issue of a notice under subsection (1), a police officer is to give the notice to the person named in it.
(3) A person to whom an excessive drink-driving notice is given is disqualified from driving.
(4) An excessive drink-driving notice must specify the fact that the accused is disqualified from driving and the period of that disqualification in accordance with subsection (5).
(5) A person to whom an excessive drink-driving notice is given is disqualified from driving pursuant to that notice until the sooner of the following:
(a) the charge has been determined by a court;
(b) the expiration of the minimum period after the notice is given, set out in Column 4 of the Table in section 17 –
(i) that corresponds to the breath or blood alcohol concentration in Column 2 of that Table that is stated in the notice; or
(ii) in the case of an offence against section 4 or 14(5) or failure to comply with a requirement made under section 10(4) or section 10A(1) or (1A), that corresponds to the reference to that offence or failure in Column 1 of that Table.
(6) If, on the subsequent hearing of the charge, the accused is disqualified from driving, the court must take into account in fixing the period of disqualification the period of disqualification served under this section.