The following drink driving offences are ones where a driving ban is not mandatory:

• In charge while unfit;
• In charge with excess alcohol;
• Failing to co-operate with a preliminary test;
• Failing or refusing to provide an evidential specimen when not “driving or attempting to drive”;
• Failure to allow specimen to be subjected to laboratory test when not “driving or attempting to drive”.

However, the Court would normally approach matters on the basis that a ban should be imposed, unless the Defendant is able to establish a satisfactory reason for not facing disqualification. The onus is very much on the Defendant to convince the Court not to impose a ban and it should be assumed that the mere fact that the Court has discretion, does not mean the Court will be willing to exercise same.