By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- Between 0.05 and 0.08, a first offence is usually a $1,000 infringement notice and 3, 4 or 5 demerit points, with no court and no mandatory disqualification.
- At 0.08 or more you go to court: a fine of $750 to $2,250 and at least 6 months' disqualification at 0.08, rising to at least 9 months at 0.13 to under 0.15.
- At 0.15 or more the charge is driving under the influence: $1,700 to $3,750, at least 10 months, and the alcohol interlock.
- There is no jail for a first drink driving offence at any reading.
- There is no 10-year or 20-year rule: earlier offences count however old they are, so a first offence means no earlier offence at all of the kinds the law counts.
- For learners, P-platers and anyone licensed for less than 2 years the limit is zero: below 0.02 is a $400 infringement and 3 demerit points, and 0.02 to under 0.05 means court and at least 3 months off the road.
- 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 between 0.05 and 0.08 is usually a $1,000 infringement notice with 3 to 5 demerit points, a first offence at 0.08 carries a fine of $750 to $2,250 and at least 6 months' disqualification, and no first offence at any reading carries jail, under the Road Traffic Act 1974 (WA).
Checked on 22 October 2026 against the Road Traffic Act 1974, the Road Traffic (Authorisation to Drive) Act 2008 and Regulations 2014, the Road Traffic (Administration) Regulations 2014, the Road Safety Commission and the Department of Transport. Second and later offences are in the full table of WA drink driving penalties.
A first offence, reading by reading
| Reading | How it is dealt with | Fine | Minimum disqualification |
|---|---|---|---|
| 0.05 to under 0.06 | Usually an infringement notice; 3 demerit points (6 in a holiday period) | $1,000 | None |
| 0.06 to under 0.07 | Usually an infringement notice; 4 demerit points (8 in a holiday period) | $1,000 | None |
| 0.07 to under 0.08 | Usually an infringement notice; 5 demerit points (10 in a holiday period) | $1,000 | None |
| 0.05 to under 0.08, if charged instead | Court | Up to $1,250 | At the court's discretion |
| 0.08 to under 0.09 | Court | $750 to $2,250 | 6 months |
| 0.09 to under 0.11 | Court | $850 to $2,250 | 7 months |
| 0.11 to under 0.13 | Court | $1,000 to $2,250 | 8 months |
| 0.13 to under 0.15 | Court | $1,150 to $2,250 | 9 months |
| 0.15 or more (driving under the influence) | Court; the alcohol interlock follows | $1,700 to $3,750 | 10 months |
| Zero-alcohol driver, under 0.02 | Usually an infringement notice; 3 demerit points | $400 (court: $400 to $750) | None |
| Zero-alcohol driver, 0.02 to under 0.05 | Court | $400 to $750 | 3 months |
- The police notice. For 0.08 or more, police may give you a disqualification notice in person within 10 days. It takes you off the road for 2 months from when you receive it, is revoked if you are not charged within 1 month, and the time comes off the court's minimum.
- The minimums are fixed. A court cannot reduce them because of your circumstances. It sets the fine within the range and may disqualify for longer than the minimum.
- Your licence. A full licence is usually suspended for the disqualification. A provisional licence is cancelled, and a novice driver disqualified by a court stays disqualified for at least 3 months from the conviction.
- The extraordinary licence. After a first offence at 0.08 or more you can apply to the Magistrates Court 21 days after the disqualification starts, if refusing would deprive you of your principal means of earning an income, of urgent medical treatment, or of the only practicable way of getting to work.
What to do now
- If you received an infringement notice, read it for the payment date and what it says about going to court instead.
- If you were charged, keep the court papers with your first court date, and any disqualification notice with the date you received it. Do not drive while disqualified.
- Get advice before your first court date. Call 1800 577 015 at any hour, 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. 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 the testing and any notice, advise on your plea, present your circumstances on the fine and any period above the minimum, and prepare an extraordinary licence application.
General information only, not legal advice. Updated 22 October 2026. Checked against the Road Traffic Act 1974 (sections 63, 64, 64A, 64AA, 64AAA, 71C to 71H and 106A), the Road Traffic (Authorisation to Drive) Act 2008 and Regulations 2014, the Road Traffic (Administration) Regulations 2014, the Road Safety Commission and the Department of Transport on 22 October 2026.