By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- In Western Australia a reading of 0.15 or more is deemed to be driving under the influence (section 63 of the Road Traffic Act 1974). The charge can also be proved without a reading.
- A first offence carries a fine of $1,700 to $3,750 and at least 10 months' disqualification, or $2,400 to $3,750 and at least 18 months if you have an earlier conviction at 0.08 or more.
- The Act sets no jail term for a first offence. Jail is an alternative to the fine from the second offence: up to 9 months for a second, up to 18 months for a third or later.
- A second offence means at least 30 months off the road; a third or later means permanent disqualification.
- Every conviction brings the alcohol interlock and cancels your licence.
- Police may serve an immediate disqualification notice, which takes you off the road for 2 months.
- 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 blood alcohol reading of 0.15 or more is charged as driving under the influence under section 63 of the Road Traffic Act 1974; a first offence carries a fine of $1,700 to $3,750, a mandatory minimum of 10 months' disqualification and an alcohol interlock, with no term of imprisonment.
Checked on 22 October 2026 against the Road Traffic Act 1974 (sections 63, 64, 71C to 71H and 106A), the Road Traffic (Authorisation to Drive) Act 2008 and Regulations 2014, the Road Safety Commission and the Department of Transport. A penalty unit is $50. Lower readings are in the full table of WA drink driving penalties.
The penalties at 0.15 or more
| Situation | Fine or jail | Minimum disqualification |
|---|---|---|
| First offence | $1,700 to $3,750 | 10 months |
| First offence, with an earlier conviction at 0.08 or more | $2,400 to $3,750 | 18 months |
| First offence, with an earlier conviction for alcohol and drugs at 0.08 or more | $2,700 to $3,750 | 27 months |
| Second offence | $3,150 to $5,250, or up to 9 months' jail | 30 months |
| Third or later offence | $3,150 to $7,500, or up to 18 months' jail | Permanent |
- What counts as an earlier offence. For a second or later charge of driving under the influence, an earlier conviction for driving under the influence (alcohol, drugs or both), or for refusing a breath analysis or blood test, counts, however long ago. An earlier conviction at 0.08 or more counts too, through the higher first-offence rows above.
- The minimums are fixed. They cannot be reduced in mitigation. Time served under a police disqualification notice comes off. A court disqualification does not run while you are in custody or appealing.
- 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.
- The police notice. 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, and is revoked if you are not charged within 1 month.
The alcohol interlock
Every conviction for driving under the influence is an interlock offence. The court disqualification cancels your 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 the 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 someone permanently disqualified it is at least 3 years in total. The government fee is $231.40, and the Department of Transport estimates the device costs at least $1,600 over six months. More detail is on our WA alcohol interlock page.
The extraordinary licence
You can apply to the Magistrates Court for an extraordinary licence to drive for work or medical reasons. For a first offence with no earlier conviction the ordinary 21-day wait applies; with an earlier conviction at 0.08 or more the wait is 3 months; and after a second or later offence of driving under the influence it is 4 months. Time in prison does not count, and you cannot apply while a police disqualification notice is in force. The court must be satisfied that refusing would deprive you or your family of urgent medical treatment, 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 work. The licence carries the interlock condition.
What to do now
- Do not drive while a disqualification notice or a court disqualification is in force; that is a further offence.
- Keep your court papers and any disqualification notice, and list any earlier drink driving convictions, however old.
- 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, the Road Traffic (Authorisation to Drive) Act 2008 and Regulations 2014, the Road Safety Commission and the Department of Transport on 22 October 2026.