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If your blood alcohol reading is equal to or exceeds 0.15, the offence is deemed ‘driving under the influence of alcohol’. An initial offence will warrant a minimum period of 10 months disqualification and a fine of up to $3,750.00. Should a second offence be committed, the minimum penalty is 30 months disqualification, a fine of up to $5,250.00, and possible imprisonment of up to 9 months. A third offence will warrant a fine of up to $7,500.00, a lifetime disqualification from driving and possible imprisonment of up to 18 months. Provided that you do not re-offend, you may be eligible to have a lifetime disqualification withdrawn after 10 years by making an application to remove the lifetime disqualification to the District or Supreme Court of Western Australia.
The parliament has in 2021 passed laws increasing the penalties for driving under the influence of alcohol and drugs. An initial offence will warrant a minimum period of 15 months disqualification and a fine of up to $5,650. Should a second offence be committed, the minimum penalty is 42 months disqualification, and a fine of up to $7,900, and possible imprisonment of up to 9 months. A third offence will warrant a fine of up to $11,250, a lifetime disqualification from driving, and possible imprisonment of up to 18 months. Providing that you do not reoffend, you may be eligible to have a lifetime disqualification withdrawn after 10 years by making an application to remove the lifetime disqualification to the District or Supreme Court of Western Australia.
Any person who drives or attempts to drive a motor vehicle while impaired by drugs commits an offence which is considered serious in Western Australia. That person may be arrested without a warrant. The prosecution will need to prove that you drove or attempted to drive a motor vehicle, and that one or more drugs were present in your body at the time, and that your conduct, condition or appearance was consistent with the conduct, condition, or appearance associated with a person who had consumed the particular drug, and that that conduct, or condition would be inconsistent with a person being capable of having proper control of a motor vehicle. There may be some defences to this charge particularly concerning prescription medication and professional legal advice should be sought.
If a person is convicted of driving while impaired by drugs an initial offence will warrant a minimum period of 10 months disqualification and a fine of up to $3,750.00. Should a second offence be committed, the minimum penalty is 30 months disqualification, a fine of up to $5,250.00, and possible imprisonment of up to 9 months. A third offence will warrant a fine of up to $7,500.00, a lifetime disqualification from driving and possible imprisonment of up to 18 months. Provided that you do not re-offend, you may be eligible to have a lifetime disqualification withdrawn after 10 years by making an application to remove the lifetime disqualification to the District or Supreme Court of Western Australia.
If the police allege that you drove with an illicit drug in a sample of your oral fluid or blood you may be charged and convicted. There are various drugs that are prescribed as illicit substances for the purposes of the Road Traffic Act 1974. If convicted a person may, on a first offence, be subject to a fine of up to $1,250. On a second or subsequent offence they may be liable to a fine of up to $2,000 and may receive a disqualification of up to 6 months. The court always has the discretion to impose a voluntary disqualification for a first offence if they believe the circumstances would warrant it. You should seek legal advice in relation to charges of driving with a prescribed illicit drug. You will have the ability to seek a spent conviction at the time you are convicted of this offence but you should seek legal advice before making any such application as if your application is refused for any reason you are likely to be required to wait a minimum of 10 years before being able to reapply.
The parliament has in 2021 introduced new legislation aimed at punishing people who are caught drink driving and have an illicit substance in their blood or oral fluid at the time. These new laws have significantly increased the old penalties and you should seek legal advice in relation to the same. You will have the ability to seek a spent conviction at the time you are convicted of this offence but you should seek legal advice before making any such application as if your application is refused for any reason you are likely to be required to wait a minimum of 10 years before being able to reapply. There are additional penalties and provisions that apply to certain classes of drivers such as holders of provisional licenses and recently disqualified drivers. professional legal advice should be sought in those circumstances.
The following table shows the penalties that will apply for a first offence of driving with a BAC of = 0.05 but < 0.08.
| 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 |
| 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) |
| 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.
If you’re facing drink driving charges in WA and need assistance navigating the penalties, trust the experienced lawyers at Stevenson Lawyers to handle your case. Get in touch with us on 08 9489 4898 to book a consultation today.