Most drink driving offences are straightforward. In circumstances where you do not dispute a drink driving charge, it is unlikely that you will need legal representation.
The Road Traffic Act 1974 sets out a scheme for the Court to follow when imposing drink driving penalties. The penalties (at 1 October 2011) if you held a full licence at the time of the offence are:
| Percentage of blood alcohol (%) |
Penalty |
| First offence - Greater or equal to 0.05 but less than 0.08 |
Max: $500 |
| Second offence - Greater or equal to 0.05 but less than 0.07 |
Min: $500
Max: $1000
Disq: 6 months |
| Second offence - Greater or equal to 0.07 but less than 0.08 |
Min: $600
Max: $1000
Disq: 8 months |
| Third or subsequent offence - Greater or equal to 0.05 but less than 0.07 |
Min: $500
Max: $1000
Disq: 8 months |
Third or subsequent offence - Greater or equal to 0.05 but less than 0.07
|
Min: $600
Max: $1000
Disq: 10 months |
In each case, the disqualification shown is a minimum disqualification and will be in addition to the fine shown.
| Percentage of blood alcohol (%) |
Penalty |
1st offence |
2nd offence |
Subsequent offence |
| Greater or equal to 0.08 but less than 0.09 |
Min:
Max:
Disq: |
$500
$1,500
6 months |
$600
$1,500
8 months |
$600
$1,500
10 months |
| Greater or equal to 0.09 but less than 0.11 |
Min:
Max:
Disq: |
$550
$1,500
7 months |
$900
$1,500
10 months |
$900
$1,500
13 months |
| Greater or equal to 0.11 but less than 0.13 |
Min:
Max:
Disq: |
$650
$1,500
8 months |
$1,200
$2,000
14 months |
$1,200
$2,000
17 months |
| Greater or equal to 0.13 |
Min:
Max:
Disq: |
$750
$1,500
9 months |
$1,600
$2,500
18 months |
$1,600
$3,000
30 months |
Effective from 1 October 2011, you must have a blood alcohol concentration of zero if you:
- are driving a heavy vehicle with a gross combined mass of more than 22.5 tonnes;
- are driving a passenger vehicle (12 or more seats) while carrying passengers;
- are driving while carrying passengers for reward (i.e. taxi drivers);
- are driving a vehicle carrying dangerous goods;
- are a novice driver;
- are driving whilst subject to an extraordinary driver's licence; or
- have been disqualified from holding a driver's licence within the last three years.
The penalties (at 1 October 2011) for driving whilst under the influence of alcohol in these circumstances are as follows:
| Percentage of blood alcohol (%) |
Penalty |
| Greater than 0.00 but less than 0.02 |
Min: $150
Max: $300 |
| Greater or equal to 0.02 but less than 0.05 |
Min: $150
Max: $300
Disq: 3 months |
We recommend that you attend a short consultation ($99) with us if you are:
- unsure about how the Road Traffic Act 1974 applies to you;
- a probationary or novice driver;
- charged with driving under the influence of drugs; or
- charged with a related offence (i.e. dangerous driving or driving whilst under suspension).
If you wish to plead guilty to an alcohol-related offence under the Road Traffic Act 1974, we can represent you at the Court hearing and assist you by preparing your fixed-price plea in mitigation ($770). A $300 surcharge applies to appearances in metropolitan Courts other than Perth.
If you wish to plead not guilty to an alcohol-related offence you should attend an extended consultation ($770) where we can:
- get detailed information about the facts of the matter;
- assess the merits of your case; and
- develop a strategy for the ongoing management of your case.
An extended consultation ($770) will give us enough information to provide you with a fixed price quote for representing you at a Magistrates Court trial. In most cases this would cost about $4,000.
For more information about motoring in Western Australia and traffic offences generally visit: