Charged With Drink Driving in Western Australia - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Western Australia imposes some of Australia's strictest drink driving penalties, with fines ranging from $550 to $3,350, licence disqualifications from 3 months to 3 years, and potential imprisonment for high-range offences. If you've been charged, you have limited time to prepare your defence and protect your licence - the consequences start immediately upon conviction. Call 1300 636 846 now or book online at gotocourt.com.au/book for urgent legal help.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for drink driving charges in Western Australia. The penalties are severe and automatic - courts have limited discretion to reduce them without proper legal arguments. Without a lawyer, you'll face the maximum penalties, lose opportunities for work licences, and miss defences you don't know exist.

A specialist traffic lawyer can challenge the breath test procedure, argue for reduced penalties based on your circumstances, apply for extraordinary licences to keep you driving for work, and negotiate with police prosecutors. The difference between representation and going alone often means keeping your job, avoiding prison, or reducing disqualification periods by months or years.

Even first-time offenders face automatic licence loss and substantial fines. Repeat offenders risk imprisonment and alcohol interlock requirements costing thousands of dollars. The stakes are too high to represent yourself - call 1300 636 846 immediately.

What Happens Next - The Process

1. Receive court summons - You'll get a notice to appear at your local Magistrates Court within 6-8 weeks of the offence
2. First court appearance - You must attend Perth Magistrates Court, Fremantle Magistrates Court, or your regional court on the specified date
3. Enter plea - Plead guilty or not guilty. Most cases resolve as guilty pleas with penalty negotiations
4. Sentencing submissions - Your lawyer presents character references, work requirements, and mitigation evidence
5. Penalty imposed - Court sets fine, disqualification period, and any additional requirements like alcohol interlock
6. Licence surrender - You must surrender your licence immediately if convicted and disqualified
7. Apply for work licence - Within 21 days, apply for extraordinary licence if eligible

The entire process typically takes 8-12 weeks from charge to final penalty. However, delays in getting legal representation can limit your options and rush crucial applications. Start building your defence today by calling 1300 636 846.

The Law in Western Australia

Western Australia's drink driving laws are governed by the Road Traffic (Administration) Act 2008 and Road Traffic Code 2000. The state uses a four-tier penalty system based on blood alcohol concentration (BAC) readings:

Low Range (0.05-0.079 BAC)

• First offence: $550 fine, 3-month licence disqualification
• Second offence: $750 fine, 6-month disqualification
• Third or subsequent: $950 fine, 10-month disqualification

Mid Range (0.08-0.149 BAC)

• First offence: $900 fine, 5-month licence disqualification
• Second offence: $1,200 fine, 8-month disqualification
• Third or subsequent: $1,500 fine, 12-month disqualification, possible imprisonment up to 6 months

High Range (0.15+ BAC)

• First offence: $1,700 fine, 10-month disqualification, possible imprisonment up to 9 months
• Second offence: $2,500 fine, 18-month disqualification, possible imprisonment up to 12 months
• Third or subsequent: $3,350 fine, 30-month disqualification, possible imprisonment up to 18 months

Special Category (Unlicensed, Suspended, or Refusing Breath Test)

• Unlicensed drink driving: Double penalties apply
• Refusing breath test: Treated as high-range offence regardless of actual BAC
• Driving while disqualified: Additional charges with separate penalties

Alcohol Interlock Requirements

Western Australia mandates alcohol interlock devices for:

• All high-range drink driving convictions (0.15+ BAC)
• Second or subsequent mid-range convictions
• Any drink driving conviction where imprisonment is imposed
• Refusing to provide breath sample

Interlock periods range from 6 months to 3 years, costing approximately $2,200-$2,800 per year including installation, maintenance, and calibration. These penalties are in addition to fines and disqualification periods.

Understanding these complex penalty structures requires expert legal advice. Call 1300 636 846 to discuss how these laws apply to your specific situation.

Mistakes to Avoid

1. Assuming you can't fight the charges because you were over the limit. Breath testing equipment can malfunction, police procedures may be improper, and timing issues can affect BAC readings. We've successfully defended cases where clients thought they had no chance because we identified procedural errors the police made.

2. Not applying for an extraordinary licence immediately. You have only 21 days after conviction to apply for a work licence. Missing this deadline means no driving for your entire disqualification period. Many clients lose their jobs because they waited too long to get legal help and missed this crucial window.

3. Pleading guilty without proper mitigation evidence. Courts can reduce penalties within the prescribed ranges if presented with compelling personal circumstances, character evidence, and genuine remorse. Going to court unprepared often results in maximum penalties that could have been significantly reduced.

4. Ignoring the interlock requirement. Clients often focus only on fines and disqualification periods, not realizing they'll need an expensive interlock device. This requirement can cost over $8,000 for repeat offenders and affects when you can get your licence back.

5. Not getting immediate legal advice about related charges. Drink driving often comes with additional charges like dangerous driving, driving without due care, or driving while suspended. Each charge carries separate penalties that compound your problems if not properly managed together.

These mistakes can cost you thousands of dollars and months of additional licence loss. Don't gamble with your future - call 1300 636 846 for expert guidance.

Likely Outcomes and Costs

With Expert Legal Representation:

• Penalty reductions of 20-40% through effective mitigation
• Extraordinary licence approval for work driving (80% success rate for eligible clients)
• Alternative penalties like community service instead of heavy fines
• Proper interlock applications minimizing device periods
• Challenge breath test evidence in appropriate cases

Without Legal Representation:

• Maximum penalties within the prescribed range
• No extraordinary licence (most self-represented applications fail)
• Full disqualification periods with no alternatives
• Additional costs from procedural mistakes and missed deadlines
• Higher chance of imprisonment for repeat offenders

Legal Costs: Our fixed-fee consultations cost $295, with most drink driving cases resolved for $2,200-$4,500 depending on complexity. Contested hearings may cost $5,000-$8,000, but the potential savings in reduced penalties and preserved employment often exceed legal fees.

Timeframes: Most guilty plea matters resolve within 6-8 weeks. Contested cases take 3-6 months. Extraordinary licence applications take 4-6 weeks after conviction. Starting early gives us more time to build a strong case and explore all your options.

The investment in proper legal representation typically saves clients more money than it costs through reduced penalties and preserved earning capacity.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended over 50,000 drink driving cases across Australia since 2010, with specialist Western Australian lawyers in Perth, Fremantle, and regional courts. Our 800+ lawyers nationwide have achieved a 4.5-star rating from 780+ reviews because we understand exactly what you're facing.

Our Western Australia drink driving services include:

• Immediate case assessment and defence strategy development
• Challenging breath test evidence and police procedures
• Expert mitigation presentations to minimize penalties
• Extraordinary licence applications for work driving
• Interlock device guidance and applications
• 24/7 legal support and court representation

We know Western Australia's magistrates, prosecutors, and court procedures intimately. Our lawyers appear daily in Perth Magistrates Court, Fremantle Magistrates Court, Midland Magistrates Court, and regional courts across WA. This local knowledge makes the difference between minimum and maximum penalties.

Fixed-fee consultation - Call 1300 636 846 now for immediate advice, or book online at gotocourt.com.au/book. We're available 24/7 because we know legal emergencies don't wait for business hours.

Don't let drink driving charges destroy your licence, job, or future. With the right legal representation, you can minimize the impact and get your life back on track. Call 1300 636 846 right now - every day you wait is a day less to prepare your defence.