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Have you been caught drink driving?

We can help you with a wide range of drink driving and DUI charges.

DRINK DRIVING LAWYERS PERTH, WA

Drink driving charges are one of the most common ways that people come into contact with the criminal justice system. The effects can be far reaching as drink driving offences often attract significant monetary penalties, periods of driver’s licence disqualification and potentially imprisonment.

At Stevenson Legal, our lawyers can help you if you’ve been charged with any of the following DUI or drink driving charges;

  • Drink driving
  • Driving with a blood alcohol content in excess of 0.02%
  • Driving with a blood alcohol content in excess of 0.05%
  • Driving with a blood alcohol content in excess of 0.08%
  • Driving under the influence (blood alcohol content in excess of 0.15%)
  • Refusing to provide a sample of breath, blood or urine when requested by WA police.
  • Refusing a roadside breath test
  • Breaching a two-month roadside disqualification
  • Drug driving (driving under the influence of drugs)

If a drink driving charge is threatening to impact your life, it’s worth getting advice from an experienced drink driving lawyer or solicitor in Perth. Contact Stevenson Legal today on 08 9489 4898 or submit an online enquiry to book a consultation.

TYPES OF PENALTIES FOR DRINK DRIVING OFFENCES

Drink driving refers to driving with a Blood Alcohol Content (BAC) in excess of 0.05%. The following information is sourced from the Road Traffic Act 1974 (page 64), and gives an approximate overview of the type of penalties you could expect to face if caught drink driving:

BAC (G/100ML)  Penalty Demerit Points
≥ 0.05 but less than 0.06 $1,000 – 1,250 3 Points
≥ 0.06 but less than 0.07 $1,000 – $1,250 4 Points 
≥ 0.07 but less than 0.08 $1,000 – $1,250 5 Points

 

MINIMUM AND MAXIMUM FINES, DISQUALIFICATIONS AND IMPRISONMENT FOR SECOND AND SUBSEQUENT OFFENCES

BAC (G/100ML) 1st Offence 2nd & 3rd / Subsequent Offence
= 0.05 but < 0.07 See Table 1 $1,250 (2nd) & $2,000 (3rd)
(min) 6 months disqualification (2nd)
(min) 8 months disqualification (3rd)
= 0.07 but < 0.08 See Table 1 $1,500 (2nd) & $2,000 (3rd)
(min) 8 months disqualification (2nd)
(min) 10 months disqualification (3rd)
= 0.08 but < 0.09 $750 – $2,250
(min) 6 months disqualification		 $1,600 (2nd) & $2,250 (3rd)
(min) 8 months disqualification (2nd)
(min)10 months disqualification (3rd)
= 0.09 but < 0.11 = 0.09 but < 0.11 $850 – $2,250
(min) 7 months disqualification		 $1,700 (2nd) & $2,250 (3rd)
(min) 10 months disqualification (2nd)
(min) 13 months disqualification (3rd)
= 0.11 but < 0.13 $1,000 – $2,250
(min) 8 months disqualification		 $1,800 (2nd) & $3,000 (3rd)
(min) 14 months disqualification (2nd)
(min) 17 months disqualification (3rd)
= 0.13 but < 0.15 $1,150 – $2,250
(min) 9 months disqualification		 $2,400 (2nd) – $3,750 (3rd)
(min) 18 months disqualification (2nd)
(min) 30 months disqualification (3rd)

GREATER THAN OR EQUAL TO 0.15

1st Offence 2nd Offence 3rd or Subsequent Offence
$1,700 – $3,750
(min) 10 months disqualification		 $3,150 – $5,250
(min) 30 months disqualification
(max) 9 months imprisonment		 $3,150 – $7,500
(min) lifetime disqualification
(max) 18 months imprisonment

 

*penalties for excess 0.15% offences may differ if there is a prior excess 0.08% conviction, refuse breath test conviction, or excess 0.05% with drive with illicit substance in blood conviction. You should seek legal advice.

**spent convictions may only be sought at the time of conviction, or 10 years afterwards. You should seek legal advice.

FAQS

Does a drink driving conviction get recorded on a criminal record?

Yes, a drink driving conviction in Western Australia is recorded on your criminal record. This record includes details of the drink driving offence and can have significant implications for future employment opportunities, travel, and other aspects of your life.

It’s important to seek legal advice from a drink driving lawyer to understand your rights and explore options such as a spent conviction, which, if granted, makes the drink driving conviction ‘non-disclosable’ in most instances.

How many standard drinks can you have and legally drive?

In Western Australia, the legal blood alcohol concentration (BAC) limit for fully licenced drivers is 0.05%. For learner and probationary drivers, as well as people driving for work or commercial purposes, the limit is 0.00%.

The number of standard drinks you can consume and still legally drive depends on various factors, including your weight, gender, age, metabolism, and the time frame over which you consume the drinks.

Given the fact that whilst drinking, you won’t be able to accurately tell how many drinks you can have before drinking. If you intend to drink, the safest option is to not drive.

I’ve just been caught drink driving, what happens next?

Being caught drink driving in Western Australia triggers a series of legal and administrative steps. Here’s a general overview of what may happen throughout the process:

  1. Issued an infringement: If this is your first drink driving offence and your BAC was between 0.05% – 0.079%, you may only receive an infringement as outlined in the tables above.
  2. Immediate licence suspension: If your BAC is 0.08% or higher, you may face an immediate roadside licence suspension for 2 months at the time of the offence.
  3. Charge and court summons: If this is your first drink driving offence and your BAC was 0.08% or higher, you’ll be issued a court summons. This document will outline the charges against you and specify the date and location of your court appearance.
  4. Court appearance: You must attend court on the specified date. During this hearing, you can plead guilty or not guilty. It is highly advisable to seek legal representation to navigate this process effectively.
  5. Penalties: If convicted, penalties can include fines, licence disqualification, and in some cases, imprisonment. The severity of the penalties depends on your BAC, prior offences, and other circumstances surrounding your case.
  6. Extraordinary driver’s licence application: If your licence is disqualified, you may apply for an extraordinary driver’s licence. This licence, if granted, allows you to drive under specific conditions, such as for work or urgent medical treatment. You will need to demonstrate your need for the extraordinary driver’s licence in the application.
  7. Criminal record: If found guilty, a drink driving conviction will be recorded on your criminal record, which can affect your employment, travel, and other aspects of your life. However, you may be able to apply for a spent conviction, which if successfully granted, can give you non-disclosure rights, meaning it won’t appear on your criminal record except in certain circumstances.

Given the complexities and potential consequences of a drink driving charge, it is crucial to seek legal advice immediately. Stevenson Legal has decades of experience in drink driving convictions and can help you understand your rights, navigate the legal process, and work towards the best possible outcome for your case in Western Australia.

Is drink driving different from drunk driving?

There is no distinction between “drunk driving” and “drink driving.” Both terms refer to the offence of operating a vehicle over the legal BAC limit, which is 0.05% for fully licenced drivers and 0.00% for novice and certain other drivers licence holders.

I’m not drunk, why have I received a drink driving charge?

Feeling sober does not correlate with your BAC. Alcohol affects everyone differently, and you might still be over the legal limit of 0.05% even if you do not feel impaired. In Western Australia, you can receive a drink driving charge even if you do not feel drunk. The law aims to ensure road safety. Even if you do not feel drunk, your reaction times, judgement, and coordination can still be impaired by alcohol.

Testimonials

I used Nick for a drink driving charge and he was terrific in assisting me with the matter. He got me the best case scenario and I highly recommend his services to anyone who is looking for a good lawyer to represent them!
Jacob David Aitken
My son engaged Nick for a driving charge. Nick immediately put him at ease, laid out the facts and the process and then accompanied him to court. Thank you Nick for your help and support which resulted in a successful outcome. We have no hesitation in recommending him.
Annemarie Ansell
Thank you Nick and the Team at Stevenson Legal for a job well done. My partner was looking down the barrel at imprisonment if she did nothing but turn up to court but Nick managed to gain the minimum time off the road and a minimal fine considering what could of been for a major DUI offense. I found Nick to be very Thorough and Extremely Professional in his Presence and ticked all the right boxes on the day!! Thanks again Nick!!
Sean Osborne
My partner found herself in a tricky situation involving a DD charge, fortunately after having a chat with Nick.. he gave us his proffesional opinion on how he believes it this case would pan out. Everything he said that first day was accurate, and a fantastic outcome for us. Highly recommended anyone needing legal advice in regards to similar matters to do themselves a favour and go see Nick. Thanks again for your help and advice!
Brett Gibson
I used Nick to defend a drink driving charge and subsequently an extraordinary license. His service was very professional and I'm pleased to say he was able to secure the best possible outcomes in both proceedings.
globalkrime

WHAT HAPPENS WHEN YOU REFUSE A BREATH TEST IN WA?

Western Australia’s law enforcement officers have the authority to pull over vehicles and request that the driver, or another specified individual in the vehicle, undergo tests to determine their BAC.

Section 67 of the Road Traffic Act 1974 sets out that it is an offence for a person to refuse to submit to allowing a sample of breath or a sample of blood and/or urine for testing when requested by a member of the WA police force.

If a person is convicted for such a refusal, the penalty may include:

  • a fine,
  • disqualification from driving (including a life disqualification),
  • and potentially imprisonment.

Upon conviction, the penalties that may be imposed will depend on the circumstances surrounding the event and the history of any prior convictions for similar refusals, including any previous drink or drug driving convictions.

Typically, any prior relevant conviction within 20 years will be considered in determining the sentencing range.

 

PENALTIES FOR REFUSING A BREATH TEST

The penalties for refusing a breath test are contained in section 67 of the Road Traffic Act:

1st Offence 2nd Offence Subsequent Offence
Min: $1700
Max: $3750
Disq: 10 months (Min)
Imprisonment: N/A		 Min: $3,150
Max: $5,250
Disq: Fine or 9 months
Imprisonment: 30 months (Min)		 Min: $3150
Max: $7500
Disq: Permanent
Imprisonment: Fine or 18 months

EXTRAORDINARY DRIVER’S LICENCE APPLICATIONS FOR DRINK DRIVING OFFENCES

A person who’s lost their driver’s licence due to drink driving matters may apply to the Magistrates Court for an extraordinary driver’s licence (otherwise known as an E licence or EDL) which if granted, will permit them to drive for work purposes or to obtain urgent medical treatment for themselves and / or an immediate family member.

The courts consider several factors when determining whether to grant an extraordinary driver’s licence. These factors may include whether you have a genuine need for one, the circumstances surrounding your loss of licence, whether you are a person of good character, the safety of the community and more.

If an application for an extraordinary driver's licence is refused, no further application can be made for another six months. Therefore, it is crucial to present the correct evidence and relevant matters to the court and the Department of Transport to maximise the chances of successfully obtaining an extraordinary driver’s licence on the first application.

At Stevenson Legal, we have successfully handled hundreds of extraordinary driver's licence applications. When you engage our services for a drink driving charge, we can assist you in applying for an extraordinary driver's licence.

 

SPENT CONVICTIONS FOR DRINK DRIVING OFFENCES

A person charged with drink driving may also make an application to the court for a spent conviction regarding their drink driving offence. A spent conviction renders the conviction "non-disclosable," meaning it does not appear on a national police clearance, though there are certain exceptions to this.

The court will evaluate the typical factors for granting a spent conviction. These include determining if the offence was minor and whether the individual has demonstrated a history of good character. Additionally, the court will evaluate the probability of future offences and any potential negative consequences if a spent conviction is not approved.

Applications for a spent conviction can only be made at the time of the conviction or ten years thereafter, with no possibility to apply in the interim. Therefore, it's best to apply at the time of your drink driving conviction with an experienced lawyer.

WHY IT’S IMPORTANT TO HIRE A DRINK DRIVING LAWYER TO ASSIST WITH YOUR DRINK DRIVING CHARGE

Hiring an experienced drink driving lawyer is crucial for navigating Western Australia’s complex legal system and ensuring the best possible outcome for your case. A specialised drink driving lawyer has in-depth knowledge of drink driving laws in Western Australia and will help protect your rights throughout the entire legal process. They will build a strong defence, handle all legal procedures, and may assist in applying for an extraordinary driver’s licence or spent convictions if necessary.

At Stevenson Legal, our experienced team provides expert guidance and representation for various driving offences, giving you peace of mind and the best chance for a favourable outcome.

HOW OUR DRINK DRIVING LAWYERS CAN HELP WITH YOUR DRINK DRIVING CASE

It’s important to remember that the prosecution must prove that you are guilty; you don’t need to prove that you are innocent.

Our drink driving lawyers can look at all aspects of the charge against you and advise if there is a workable defence to the drink driving charge. We can also help you with all issues relating to drink driving and DUI offences, including refuse breath test offences, and go to court with you if required. If you’ve been found to be driving while drunk, our specialised DUI lawyers can help you get the best outcomes for your charge. We can provide advice and representation for drink driving offences in the Greater Perth region from Joondalup to Mandurah, Armadale to Fremantle.

Our experienced drink driving lawyers can also assist you on the phone, and after business hours if that is more convenient for you. Whether you need a lawyer to represent you in court or are wanting legal advice concerning drink driving offences or other traffic offences, such as reckless driving, careless driving or dangerous driving, Stevenson Legal is here to assist you.

ENGAGE AN EXPERIENCED DRINK DRIVING LAWYER IN PERTH TODAY

If you have been charged with a drink driving offence in Perth, contact our drink driving lawyers and solicitors at Stevenson Legal today. You can book a consultation by calling us on 08 9489 4898 or submitting an online enquiry.