Driving under the influence of alcohol impairs your ability to safely control a vehicle. Australian law requires drivers to have a blood alcohol content (BAC) below 0.05 when driving or operating a vehicle on the roads. Andrews Legal are your first-choice lawyers in Perth for drink driving and DUI offences.
Drink Driving Offences and Penalties
The regime for drink driving offences across Perth and WA is as follows:
0.05 – 0.08 BAC Penalties
For a first offence you may be dealt with by way of a fine and demerit points.
For a second offence, you will receive a court summons, however as it is a first court conviction, the offence does not carry any minimum period of disqualification. For a third offence, which is treated as a second conviction, the minimum penalty is 6 months disqualification and a $600 fine.
No Authority to Drive (Driving While Disqualified)
1st offence
Fine: $400 - $2000 and imprisonment for 12 months
Penalty: Mandatory minimum 9 months - 3 years
Subsequent offence
Fine: $1000 - 4000
Penalty: Mandatory minimum 9 months - 3 years
Low-Range Drink Driving (0.05 - 0.08g/100ml of Blood)
First offence
Fine: maximum of $1250, does not carry mandatory disqualification
The penalties are set out in the tables below:
First Offence
| Blood Alcohol Content (G/100M L) |
Second Offence |
Subsequent Offence |
| ≥ 0.05 but < 0.07 |
Min: $1250 Max: $2000 Disq: 6 months |
Min: $1250 Max: $2000 Disq: 6 months |
| ≥ 0.07 | Min: $1500 Max: $2000 Disq: 8 months |
Min: $1500 Max: $2000 Disq: 10 months |
Mid-Range Drink Driving (0.08 - 0.15g/100ml of Blood)
| Blood Alcohol Content (G/100M L) |
First Offence |
Second Offence |
Subsequent Offence |
| ≥ 0.08 but < 0.09 |
Min: $750 Max: $2250 Disq: 6 months |
Min: $1600 Max: $2250 Disq: 8 months |
Min: $1600 Max: $22500 Disq: 10 months |
| ≥ 0.09 but < 0.11 |
Min: $850 Max: $2250 Disq: 7 months |
Min: $1700 Max: $2250 Disq: 10 months |
Min: $1700 Max: $2250 Disq: 13 months |
| ≥ 0.11 but < 0.13 |
Min: $1000 Max: $2250 Disq: 8 months |
Min: $1800 Max: $3000 Disq: 14 months |
Min: $1800 Max: $3000 Disq: 17 months |
| ≥ 0.13 | Min: $1150 Max: $2250 Disq: 9 months |
Min: $2400 Max: $3750 Disq: 18 months |
Min: $2400 Max: $4500 Disq: 30 months |
DUI Penalties - Driving Under the Influence of Drugs or Alcohol (>0.15g/100ml of Blood)
>0.15 (Driving Under the Influence of Alcohol)
If your blood alcohol reading is equal to or exceeds 0.15, the offence is deemed ‘driving under the influence of alcohol’. For a first offence, the minimum period of disqualification is 10 months and a fine of not less than $900. The minimum penalty for a second offence is 30 months disqualification and a fine of not less than $2100. For a third offence, the court must impose a lifetime disqualification. You are eligible to have a lifetime disqualification lifted after 10 years, provided that you do not reoffend.
A person who drives or attempts to drive a motor vehicle —
(a) while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle; or
(b) while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle,
Penalties:
1st offence
Fine: $1700 - $3750
Disqualification: 10 months
1st offence with prior conviction for >0.08
Fine: $2400 - $3750
Disqualification: 18 months
2nd offence
Fine: $3150 - $5250 or imprisonment for 9 months
Disqualification: 30 months
3rd offence
Fine: $3150 - $7500 or imprisonment for 18 months.
Disqualification: Life (May be lifted after 10 years)
Alcohol Interlock Scheme
Automatic upon conviction for Driving Under the Influence, Refusal to Provide a Sample of Breath, Dangerous Driving While Under the Influence of Alcohol Causing Bodily Harm, Grievous Bodily Harm or Death or a second offence of >0.08 within a 5 year period.
The following criteria must be satisfied:
· Completed the minimum restricted driving period;
· Any period of disqualification has ended (if applicable);
· Completed Alcohol Assessment and Treatment (if applicable).
· Demonstrated the separation of drinking and driving for a continuous period of 180 days (no breach events recorded).
Driving While Impaired by Drugs
The accused may be convicted of an offence against this section if the prosecutor proves that —
(a) the accused drove or attempted to drive a motor vehicle; and
(b) one or more drugs were present in the accused’s body at the time of that driving or attempted driving; and
(c) the conduct, condition or appearance of the accused at or after the time of that driving or attempted driving, or during a driver assessment, was consistent with conduct, a condition or an appearance associated with a person who has consumed or used that drug or those drugs; and
(d) the conduct or condition associated with a person who has consumed or used that drug or those drugs would be inconsistent with the person being capable of having proper control of a motor vehicle.
1st offence
Fine:$1700 -$3750
Disqualification: 10 months
1st offence with prior conviction for >0.08
Penalty: $2400 - $3750 and
Disqualification: 18 months
2nd offence
Fine: $3150 - $5250 or imprisonment for 9 months and
Disqualification: 30 months
3rd offence
Penalty: $3150 - $7500 or imprisonment for 18 months and
Disqualification: Life (May be lifted after 10 years)
Driving With Prescribed Illicit Drug in Oral Fluid or Blood
Prescribed Drugs: Cannabis, Cocaine, MDMA, Methamphetamine
1st offence
Fine: Maximum of $1250 and
Disqualification: not mandatory
2nd or subsequent
Fine: Maximum of $1250 and
Disqualification: 6 months
Driving With Alcohol and Prescribed Illicit Drug in Oral Fluid or Blood
0.05 - 0.07
1st offence
Fine: Maximum $1900 and
Disqualification: 3 months
2nd offence
Fine: $1900 - $3000
Disqualification: 9 months
3rd or subsequent
Fine: $1900 - $3000
Disqualification: 12 months
>0.07
1st offence
Fine: Maximum $1900 and
Disqualification: 3 months
2nd offence
Fine: $2250 - $3000
Disqualification: 12 months
3rd or subsequent
Fine: $2250 - $3000
Disqualification: 15 months
Failure to Provide a Sample of Breath for Analysis
1st offence
Fine: $2050 - $5650 and
Disqualification: 15 months
1st offence with prior DUI
Fine: $2400 - $5650
Disqualification: 18 months
2nd Offence
Penalty: fine of $4750 - $7900 or imprisonment for 9 months and
Disqualification: 42 months
3rd Offence
Fine of $4750 - $7900 or imprisonment for 18 months and
Disqualification: Life
Drink Driving on a Provisional Licence
If you hold a provisional licence, it is an offence to drive with a blood alcohol between 0.02 – 0.05. The offence carries a minimum of 3 months disqualification and a fine of not less than $150.
Refusal to Cooperate
Police are empowered to require anybody who has driven on a road or is reasonably believed to have driven on a road to submit to a blood alcohol test. It is an offence to refuse to provide a “roadside’ preliminary sample of breath for analysis. The offence carries a minimum of 3 months disqualification. If you refuse to provide a sample of breath, or the result of the “roadside” test is positive, police can require you to accompany them to a police station or other place for the purpose of providing a further breath test.
It is an offence to refuse to accompany police or to refuse to provide a further sample of breath for analysis. The penalty for refusing to provide a sample of breath is equivalent to the penalty for DUI, in other words, the penalty is equivalent to a high-end drink driving offence. If you have consumed alcohol before driving, in many instances you will be better off providing a sample of breath rather than refusing, because the penalties for low-mid range drink driving are significantly less than the penalty for refusing to provide a sample of breath.
If you’re looking for expert drink driving (DUI) lawyers in the Perth, look no further than Andrews Legal. Contact our team today on (08) 9551 7608. We are highly experienced in drink driving matters and can help ensure that disqualifications and fines are kept to a minimum.