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Drink Driving Penalties in Western Australia


In Western Australia, if you are charged with drink driving, you will either receive an infringement with loss of demerit points, or a notice to appear in the Magistrates Court.

An infringement is only issued to those with a BAC of 0.05 to 0.079, or if you are on a zero limit and your BAC is less than 0.02. A zero alcohol limit is required for all novice drivers, holders of extraordinary licences, recently disqualified drivers, and drivers of taxis, buses and heavy vehicles.  All other drink driving offences will require you to attend court, and be sentenced by the magistrate who will issue you with an appropriate fine and disqualification period.

If your BAC reading is 0.08 or higher, you will receive an automatic disqualification until your matter is finalised in court. The court will impose a fine and disqualification period. The fine amount and length of the disqualification period will depend on the BAC reading and whether it is your first, second or third or subsequent offence.

The Road Traffic Act 1974 outlines the different drink driving offences and associated penalties.

Drink Driving Penalties Western Australia

Drink Driving Penalties Western Australia where an infringement is issued

Infringements will only be issued for your first drink driving offence. If you are on a zero limit, and your BAC was greater than zero but less than 0.02 then you will receive a fine of $100 and 3 demerit points.  All other drivers must have a BAC of less than 0.05.

If you are charged with drink driving and your BAC was between 0.05 and 0.059 then you will receive an infringement of $400 and 3 demerit points. If your BAC was between 0.06 and 0.069 you will receive an infringement of $400 and 4 demerit points.

If your BAC was between 0.07 and 0.079, you will receive a fine of $400 and 5 demerit points.

Penalties for first time drink driving offences in which a summons is issued

If it is your first drink driving offence you will be required to attend court if your BAC was 0.08 or greater. 

If your BAC was between 0.08 and 0.089 you will receive a 6 month disqualification, and a minimum fine of $750. If your BAC was greater than 0.09 but less than 0.11 you will receive a 7-month disqualification and a minimum fine of $850.

BAC readings greater than 0.11 but less than 0.13 will incur an 8-month disqualification, and a minimum fine of $1000. If you have a BAC of greater than 0.13 but less than 0.15 you will receive a 9-month disqualification and a minimum fine of $1150. BAC readings of 0.15 or higher will receive a minimum disqualification of 10 months and a minimum fine of $1700.

If you are convicted of driving under the influence, failing to provide a sample, or dangerous driving causing bodily harm, serious bodily harm, or death, you will be ordered to participate in the interlock program.

Penalties for second and subsequent drink driving offences

All second and subsequent drink driving charges will require you to appear in the Magistrates Court for sentencing. Any previous drink driving offence in the last 20 years will be taken into consideration when the penalty is determined. The more offences you have committed in that period the higher the fine and the longer the disqualification period that will be ordered.

  • For a BAC between 0.05 and 0.69, your fine will be at least $1,250 and you will be disqualified from driving for between 6 and 8 months.
  • If your BAC was 0.07 to 0.079 you will receive a minimum fine of $1,500, and a disqualification of either 8 months or 10 months.
  • If your BAC was 0.08 to 0.089 you receive a minimum fine of $1600 and disqualification from 8 to 10 months.
  • If your BAC was 0.09 but less than 0.11 you receive a minimum fine of $1700, and a disqualification period of either 10 or 13 months.
  • BAC readings of 0.11 but less than 0.13 will incur a minimum fine of $1,800, and a disqualification period of 14 or 17 months.
  • If your BAC was between 0.13 and 0.149 you receive a minimum fine of $2,400, and a disqualification of either 18 months or 30 months.
  • For BAC readings 0.15 or higher you can expect to receive a minimum fine of $2,400 and a maximum fine of $7,500, and a disqualification of 30 months for second offences, and a life ban for third and subsequent offences.  The magistrate can also order a term of imprisonment for up to nine months for a second offence and up to18 months for a third or subsequent offence.

In Western Australia, a person found guilty of a second or subsequent drink driving offence committed within five years of the first offence will receive an interlock order. All costs associated with complying with the interlock order will be borne by the offender.

Drink Driving Penalties Western Australia
Author

Michelle Makela

Michelle Makela is one of our Legal Practice Directors and the National Practice Manager. She holds a Bachelor of Laws, a Bachelor of Science (Psychology) and a Master’s in Criminology. Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in 2011. She now supervises a team of over 80 solicitors across Australia.

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