Is It A Criminal Offense To Drive Under The Influence Of Alcohol In Western Australia?


Is it a Criminal Offense to Drive Under the Influence of Alcohol in Western Australia?
Is it a Criminal Offense to Drive Under the Influence of Alcohol in Western Australia?
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An individual who is charged with drunk driving in WA will either get an infringement order with demerit points or any notice for appearing in the Magistrates Court, where any penalty can be imposed. In Western Australia, infringements are mostly issued to those who record a BAC of 0.05 to 0.079 and those who are on zero limits with a BAC of less than 0.02.

All other forms of drunk driving offences will require the offender to attend court and get sentenced by Magistrates who will issue them with a licence disqualification period or a fine. Before opting for drunk driving legal advice, you can read the blog below to learn more about driving under the influence of alcohol in Western Australia.

The Initial Offence of Drunk Driving in Western Australia (Infringement) 

An infringement will only be issued for drunk driving in WA if it is the individual’s initial offence. If the offender is said to be on a zero BAC limit and their BAC is over zero but less than 0.02, they will get an infringement and a fine of 

$400. There will also be three demerit points. All the other drivers will need to have a BAC of less than 0.05. 

If an individual is charged with drunk driving in WA and their BAC is around 0.05 and 0.059, they will usually receive an infringement of around $1250 and around three demerit points. If their BAC is around 0.06 and 0.069, they will receive an infringement of around $1250 and four demerit points. You can choose to hire the best drink-driving lawyers in Perth if you are one of those people. 

First Offence Drunk Driving in Western Australia (Summons) 

If an individual is caught drunk driving for the first time and their BAC is around 0.08 or more, they must attend court. But if they are on a zero BAC limit and their BAC is like 0.02 and less than 0.05, they will get a fine between $400 and $750 and three months of disqualification. 

If an individual’s BAC is between 0.08 and 0.09, they will get their licence disqualified for six months and a fine of around $750. If the BAC was over 0.09 but less than 0.11, they would get a seven-month disqualification and a fine of around $850. 

BAC readings that are more than 0.11 but less than 0.13 will get an eight-month disqualification and at least a fine of $1000. Before searching for drunk driving solicitors near me, you must know that if an offender recorded more than 0.13 BAC but less than 0.15, they would receive 9-month of disqualification and a fine of $1150. 

BAC readings less than 0.15 or more will have their licence disqualified for at least ten months and pay a minimum fine of $1700. If the individual is driving under the influence, failed to provide a sample or caused bodily harm due to dangerous driving, they might be ordered to participate in the alcohol interlock program. 

Penalties for Second and Third or More Drunk Driving Offences 

All the second and subsequent charges of drunk driving in Western Australia will need the accused to appear in the Magistrates Court. Any previous driving offence the individual committed in the last 20 years will be considered during sentencing. 

The more offences an individual has committed within that period, the higher the fine will be and the longer the disqualification period is going to be. The minimum fees and periods of licence disqualification that courts must impose for drunk driving offences are as below:

  • For a BAC between 0.05 and 0.069, the fine will be at least $1250, and at least a disqualification of either six or eight months will apply.
  • For a BAC of 0.07 to 0.079, the fine will be at least $ 1,500 and at least a disqualification of around eight months or ten months after another offence.
  • For a BAC content of 0.08 to 0.089, you will get a minimum fine of around $1600 and at least a disqualification of eight months for the second offence or ten months for another offence. 
  • If the BAC is over 0.09 but less than 0.11 during the drunk driving offence, you can get a minimum fine of $1700. The disqualification period will also be at least ten months for the second offence or 13 months for another offence. 
  • BAC readings that are between 0.11 and 0.13 will need a fine of 
  • $1800 and at least a disqualification period of 14 months (the second offence) or 17 months (the next offence). 
  • A driver’s BAC reading is between 0.13 and 0.149, indicating that they will have to pay at least a fine of $2400 and serve a disqualification period of 18 months (the second offence) or 30 months (the next offence). 
  • Before you hire traffic offence lawyers, you must know that for the BAC readings between 0.15 or more, the driver will have to pay a maximum fine of $3150 and a maximum of $5000 and serve a disqualification period of 30 months for the second offence. They can also serve a lifelong ban for third and more offences. 

The magistrate can also give imprisonment of more than nine months for another drunk driving offence with a BAC of 0.15 or even more. They can also choose 18 months for a third or fourth drinking offence with a BAC of 0.15 or more. 

Associate with Traffic Lawyers Perth WA 

If you have driven under the influence of alcohol in WA and need legal help, you can hire the best traffic lawyers in Perth. Contact Traffic Lawyers Perth WA to hire the best lawyers in WA who can provide you with legal advice and help you know about all penalties for any form of drunk driving offence that you might have committed.  


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