By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- "Mid-range" is not a term the Western Australian law uses. Driving at 0.08 to under 0.15 is the offence in section 64 of the Road Traffic Act 1974, with four bands. At 0.15 or more the charge becomes driving under the influence.
- A first offence carries a fine of $750 to $2,250 and a minimum disqualification of 6, 7, 8 or 9 months, depending on the band.
- A second offence carries at least 8 to 18 months, and a third or later at least 10 to 30 months. There is no time limit on earlier offences.
- The Act sets no jail term for this offence at any level.
- The minimums are mandatory and cannot be reduced for your circumstances. Time served under a police disqualification notice comes off.
- The alcohol interlock applies only if you had another drink driving offence in the 5 years before the conviction.
- 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, driving with a blood alcohol content of 0.08 to under 0.15 is an offence under section 64 of the Road Traffic Act 1974 carrying, for a first offence, a fine of $750 to $2,250 and a mandatory minimum disqualification of 6 to 9 months depending on the reading, with no term of imprisonment.
Checked on 22 October 2026 against the Road Traffic Act 1974 (section 64 and its table), the Road Traffic (Authorisation to Drive) Act 2008, the Road Safety Commission and the Department of Transport. A penalty unit is $50. Every reading, including 0.05 and 0.15, is in the full table of WA drink driving penalties.
The penalties at 0.08 to under 0.15
Each cell shows the fine and the minimum disqualification. The court must disqualify for at least the minimum and may order longer.
| Reading | First offence | Second offence | Third or later offence |
|---|---|---|---|
| 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 |
- What counts as an earlier offence. Any earlier offence at 0.08 or more, of driving under the influence, of driving with alcohol and drugs at 0.08 or more, or of refusing a breath analysis or blood test, counts, whatever the earlier reading and however long ago. There is no look-back period.
- The police notice. Police may give you a disqualification notice in person for a reading of 0.08 or more, 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 time comes off the court's minimum.
- Your licence. A full licence is usually suspended for the disqualification. A provisional licence is cancelled, and so is any licence or learner's permit after an interlock offence. Learners, P-platers and anyone licensed for less than 2 years commit an offence with any alcohol at all; at 0.08 or more the penalties above apply to them too.
- The interlock. Required only where there was another drink driving offence in the 5 years before this conviction. Once it applies, any licence you are later granted, including an extraordinary licence, carries the interlock condition until you have driven with the device for at least 180 days in a row without a breach after the disqualification ends.
The extraordinary licence
You can apply to the Magistrates Court for an order that the Department of Transport grant an extraordinary licence: 21 days after the disqualification starts for a first offence, 2 months after a second, and 3 months after a third or later. 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 lasts up to 12 months at a time, with the conditions the court sets, and you must have zero alcohol while driving on it. The application fee is $183.05 for a licence of more than 6 months.
What to do now
- Do not drive while a disqualification notice or a court disqualification is in force; that is a further offence.
- Find your reading on your paperwork and the row above that applies to it, and list any earlier drink driving offences, however old.
- If you need to drive for work, note when your extraordinary licence waiting period ends and gather the evidence.
- 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 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 on 22 October 2026.