By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- A first offence between 0.05 and 0.08 is usually dealt with by an infringement notice: a $1,000 fine and 3, 4 or 5 demerit points depending on the reading, doubled in holiday periods. If police charge you instead, a court can fine you up to $1,250 and may disqualify you.
- At 0.08 or more you go to court. A first offence carries a fine of $750 to $2,250 and at least 6 months' disqualification at 0.08, rising with the reading to at least 9 months at 0.13 or more.
- At 0.15 or more the charge is driving under the influence: for a first offence, $1,700 to $3,750, at least 10 months' disqualification and an alcohol interlock. Jail is possible for a second or later offence of driving under the influence or refusing a test, and for refusing a test after a crash that killed or injured someone.
- The minimum disqualifications are mandatory. A court cannot reduce them because of your circumstances, but time served under a police disqualification notice comes off.
- There is no time limit on counting earlier offences. An earlier offence at 0.08 or more, of driving under the influence or of refusing a test counts towards a new charge however long ago it was, and so does an earlier 0.05 offence towards a new 0.05 charge.
- Police may serve an immediate disqualification notice for 0.08 or more, driving under the influence or refusing a test. It takes you off the road for 2 months and is revoked if you are not charged within 1 month.
- Learners, P-platers and anyone licensed for less than 2 years must have zero alcohol. Below 0.02 is a $400 infringement and 3 demerit points; 0.02 to under 0.05 means court, at least 3 months' disqualification, and a cancelled licence.
- You can ask the Magistrates Court for an extraordinary licence to drive for work or medical reasons, from 21 days after the disqualification in the ordinary case.
- For a lawyer, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a Western Australian lawyer for a fixed $295.
In Western Australia, a first drink driving offence at 0.08 carries a fine of $750 to $2,250 and a mandatory minimum of 6 months' disqualification, while a first offence between 0.05 and 0.08 is usually a $1,000 infringement notice with 3 to 5 demerit points, under the Road Traffic Act 1974 (WA).
Everything on this page was checked on 22 October 2026 against the Road Traffic Act 1974, the Road Traffic (Authorisation to Drive) Act 2008 and its 2014 Regulations, the Road Traffic (Administration) Regulations 2014, the Road Safety Commission, the Department of Transport and the Magistrates Court of Western Australia. The Acts set fines in penalty units; a penalty unit is $50. The court penalties in the Road Traffic Act have not changed since 1 July 2021.
A first offence between 0.05 and 0.08: the infringement notice
| Reading | Fine | Demerit points | In a holiday period |
|---|---|---|---|
| 0.05 to under 0.06 | $1,000 | 3 | 6 |
| 0.06 to under 0.07 | $1,000 | 4 | 8 |
| 0.07 to under 0.08 | $1,000 | 5 | 10 |
The infringement notice is available only for a first offence. Police may charge you instead, and a second or later offence always goes to court. A holiday period means a long weekend around a Monday or Friday public holiday, the five days from the Thursday before Good Friday to Easter Monday, and the 17 days from the last Friday before Christmas.
Penalties in court, for a full licence holder
Each cell shows the fine and the minimum disqualification. The court must disqualify for at least the minimum and may order longer; no maximum period is set.
| Reading | First offence | Second offence | Third or later offence |
|---|---|---|---|
| 0.05 to under 0.07 | Up to $1,250; disqualification at the court's discretion | $1,250 to $2,000; at least 6 months | $1,250 to $2,000; at least 8 months |
| 0.07 to under 0.08 | Up to $1,250; disqualification at the court's discretion | $1,500 to $2,000; at least 8 months | $1,500 to $2,000; at least 10 months |
| 0.08 to under 0.09 | $750 to $2,250; at least 6 months | $1,600 to $2,250; at least 8 months | $1,600 to $2,250; at least 10 months |
| 0.09 to under 0.11 | $850 to $2,250; at least 7 months | $1,700 to $2,250; at least 10 months | $1,700 to $2,250; at least 13 months |
| 0.11 to under 0.13 | $1,000 to $2,250; at least 8 months | $1,800 to $3,000; at least 14 months | $1,800 to $3,000; at least 17 months |
| 0.13 to under 0.15 | $1,150 to $2,250; at least 9 months | $2,400 to $3,750; at least 18 months | $2,400 to $4,500; at least 30 months |
| 0.15 or more (driving under the influence) | $1,700 to $3,750; at least 10 months. With an earlier 0.08-plus conviction: $2,400 to $3,750; at least 18 months | $3,150 to $5,250 or up to 9 months' jail; at least 30 months | $3,150 to $7,500 or up to 18 months' jail; permanent disqualification |
- The sections. 0.05 to under 0.08 is section 64AA of the Road Traffic Act 1974; 0.08 and over is section 64; driving under the influence is section 63, and a reading of 0.15 or more is deemed to be driving under the influence. Driving under the influence can also be proved without a reading.
- Jail. The 0.05 and 0.08 offences carry no jail at any level. Jail is an alternative to the fine only for a second or later offence of driving under the influence.
- How offences are counted. There is no look-back period. For a charge at 0.08 or more, an earlier offence at 0.08 or more, of driving under the influence or of refusing a test counts, whatever the earlier reading and however long ago. For a charge at 0.05, those offences and an earlier 0.05 offence count.
- The minimums are fixed. They cannot be reduced in mitigation (section 106A), but they are reduced by any time already served under a police disqualification notice. A court disqualification does not run while you are in custody or appealing.
- A permanent disqualification can be reviewed: after 10 years you can apply to the District Court (or the Supreme Court, if it imposed the ban) to have it removed.
Learners, P-platers and other zero-alcohol drivers
You must have no alcohol at all if you hold a learner's permit or have held a licence for less than 2 years in total; if you hold an extraordinary licence; if in the last 3 years you came off a disqualification for driving under the influence, refusing a test or a repeat offence at 0.08 or more; if you are on the alcohol interlock; or if you are driving a bus carrying passengers with seats for more than 12 adults, a vehicle carrying passengers for hire or reward, a vehicle of 22.5 tonnes gross combination mass or more, or a vehicle carrying dangerous goods.
| Reading | Infringement notice | In court | Disqualification |
|---|---|---|---|
| Any alcohol, under 0.02 | $400 and 3 demerit points | $400 to $750 | None mandatory |
| 0.02 to under 0.05 | Not available: court only | $400 to $750 | At least 3 months |
| 0.05 or more | The full-licence penalties above | ||
If a court disqualifies a novice driver, the licence is cancelled, not suspended, and the disqualification lasts for the court's period or 3 months from the conviction, whichever ends later. A provisional licence is only suspended while a police disqualification notice runs. It is a defence to the under-0.02 offence to prove the alcohol came from something other than drinking alcohol, or from drinking it only for religious observance.
Refusing a breath or blood test
| Situation | Fine or jail | Minimum disqualification |
|---|---|---|
| First offence | $2,050 to $5,650 | 15 months |
| First offence, with an earlier 0.08-plus conviction | $2,400 to $5,650 | 18 months |
| Second offence | $4,750 to $7,900, or up to 9 months' jail | 42 months |
| Third or later offence | $4,750 to $11,250, or up to 18 months' jail | Permanent |
Refusing is penalised as heavily as driving under the influence of both alcohol and drugs. Every refusal conviction triggers the alcohol interlock, and police may serve an immediate disqualification notice. It is a defence if the court is satisfied there was a substantial reason for not complying other than a wish to avoid giving evidence. Refusing after a crash in which someone was killed or injured, having been warned of the consequences, is a crime carrying up to 14 years' imprisonment.
The police disqualification notice
- A police officer may give you the notice in person if a breath or blood analysis suggests 0.08 or more, or driving under the influence, or if you refused a test. It cannot be given more than 10 days after the driving, or after a blood result arrives.
- It disqualifies you from the moment you receive it until 2 months later, alongside any other disqualification. A provisional licence is suspended while it runs.
- Police must revoke it if the breath equipment was faulty, if you are not charged within 1 month, or if the charge is discontinued. It ends automatically if you are acquitted or the charge is dismissed. A court can revoke it only in exceptional circumstances, on an application served on the Commissioner of Police at least 14 days before the hearing.
- The time you serve under it is taken off the minimum disqualification the court imposes. You cannot apply for an extraordinary licence while it is in force, but the time counts towards the waiting period.
The alcohol interlock
- Always after a conviction for driving under the influence (including any reading of 0.15 or more), refusing a breath or blood test, or dangerous driving under the influence causing death, grievous bodily harm or bodily harm.
- Only with a prior offence in the last 5 years after a conviction at 0.08 or more, 0.05 or more, or 0.02 or more for a zero-alcohol driver. A first 0.08 offence with no prior offence is not an interlock offence.
- The court disqualification cancels the licence, and any licence you are later granted, including an extraordinary licence, carries the interlock condition. The device stops the car starting at 0.02 and asks for random re-tests while you drive; you must have zero alcohol.
- The condition comes off once every disqualification has ended and you have driven with the device for at least 180 days in a row without a breach, after any required alcohol assessment and treatment. For a permanently disqualified driver on an extraordinary licence it is at least 3 years in total. If you never fit the device, the condition stays on your licence indefinitely.
- Cost: a government fee of $231.40, plus the provider's installation, rental, monthly inspections and removal; the Department of Transport estimates the minimum total at $1,600 over six months. Tampering with the device carries a fine of up to $2,500. You may be exempt if you live more than 150 km from an accredited provider or have a medical condition that prevents you using it.
The extraordinary licence
- Who can apply. A person disqualified from driving can apply to the Magistrates Court (the Children's Court if under 18) for an order that the Department of Transport grant an extraordinary licence. You cannot apply while disqualified by a police notice, for demerit points, or under a fines suspension.
- When. 21 days after the disqualification in the ordinary case, which includes a first offence at 0.08 or more; 2 months after a second offence at 0.08 or more; 3 months after a third or later; 3 months after a first offence of driving under the influence or refusing a test if you have an earlier conviction at 0.08 or more; and 4 months after a second or later offence of driving under the influence or refusing a test. Time in prison does not count.
- The test. The court must be satisfied that refusing would deprive you of urgent medical treatment for you or your family, put an undue financial burden on you or your family by taking away your principal means of earning an income, or leave you or your family without the only practicable way of getting to and from work. It also weighs public safety, your character, the offence and your conduct since.
- What you get. A licence for up to 12 months at a time, renewable, limited to the places, roads, purposes, hours and vehicle the court sets. You must have zero alcohol, and an alcohol offender's licence carries the interlock condition. If you are refused, you cannot apply again for 6 months.
- The process. Lodge the application form with an affidavit and the fee through the court's online portal. The hearing is set at least 14 clear days later; the Department of Transport is served and an officer or police officer attends. The fee is $183.05 for a licence of more than 6 months or $91.55 for 6 months or less, plus $231.40 if the licence carries the interlock condition.
What to do now
- Do not drive while a police disqualification notice or a court disqualification is in force. Driving while disqualified is a further offence.
- Read your paperwork: the infringement notice or the court summons with your court date, and any disqualification notice with the date you received it.
- Work out which row of the tables above applies to you: your reading, your licence, and any earlier offence, however old.
- If you need to drive for work or medical reasons, note the date your extraordinary licence waiting period ends and gather the evidence of your need.
- Get advice before your first court date. Call 1800 577 015 at any hour for free general legal information, or request a $295 consultation with a Western Australian lawyer.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. If you want advice, a 60-minute consultation with a lawyer who practises in Western Australia is a fixed $295, by phone, video or in person. Go To Court Lawyers does not have a Perth office; the lawyers in our network appear in Western Australian courts in person. The lawyer can check whether the testing and the notice were done correctly, advise on your plea, present your circumstances on the fine and any period above the minimum, and prepare and argue an extraordinary licence application. Requests are taken at any hour; how soon a lawyer can see you depends on who is available.
General information only, not legal advice. Updated 22 October 2026. Checked against the Road Traffic Act 1974 (sections 63, 64, 64A, 64AA, 64AAA, 67, 71C to 71H and 106A), the Road Traffic (Authorisation to Drive) Act 2008 and Regulations 2014, the Road Traffic (Administration) Act 2008 and Regulations 2014, the Road Safety Commission, the Department of Transport and the Magistrates Court of Western Australia on 22 October 2026.