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Have you been caught driving while drunk?

We can help you with a wide range of drink driving and DUI charges.


Drink driving charges are one of the most common ways that people come into contact with the criminal justice system. The effects can be far reaching as drink driving offences often attract significant monetary penalties, periods of disqualification and potentially imprisonment.

If a drink driving charge is threatening to impact on your life, it’s worth getting advice from an experienced drink driving lawyer or solicitor in Perth. Contact Stevenson Legal today on 08 9489 4898 to book a consultation.

A Stevenson Legal lawyer can help you if you’ve been charged with any of the following DUI or drink driving charges;

  • Drink driving
  • Driving with an excess 0.02%
  • Driving with an excess 0.05%
  • Driving with an excess 0.08%
  • Driving under the influence (excess 0.15%)
  • Refusing to provide a sample of breath
  • Refusing a roadside breath test
  • Breaching a two-month roadside disqualification
  • Drug driving (driving under the influence of drugs)


The following information is sourced from the Road Traffic Act 1974 (page 64), and gives an approximate overview of the type of penalties you could expect to face if caught drink driving:

BAC (G/100ML)  Penalty Demerit Points
≥ 0.05 but less than 0.06 $1,000 – 1,250 3 Points
≥ 0.06 but less than 0.07 $1,000 – $1,250 4 Points 
≥ 0.07 but less than 0.08 $1,000 – $1,250 5 Points



BAC (G/100ML) 1st Offence 2nd & 3rd / Subsequent Offence
= 0.05 but < 0.07 See Table 1 $1,250 (2nd) & $2,000 (3rd)
(min) 6 months disqualification (2nd)
(min) 8 months disqualification (3rd)
= 0.07 but < 0.08 See Table 1 $1,500 (2nd) & $2,000 (3rd)
(min) 8 months disqualification (2nd)
(min) 10 months disqualification (3rd)
= 0.08 but < 0.09 $750 – $2,250
(min) 6 months disqualification
$1,600 (2nd) & $2,250 (3rd)
(min) 8 months disqualification (2nd)
(min)10 months disqualification (3rd)
= 0.09 but < 0.11 = 0.09 but < 0.11 $850 – $2,250
(min) 7 months disqualification
$1,700 (2nd) & $2,250 (3rd)
(min) 10 months disqualification (2nd)
(min) 13 months disqualification (3rd)
= 0.11 but < 0.13 $1,000 – $2,250
(min) 8 months disqualification
$1,800 (2nd) & $3,000 (3rd)
(min) 14 months disqualification (2nd)
(min) 17 months disqualification (3rd)
= 0.13 but < 0.15 $1,150 – $2,250
(min) 9 months disqualification
$2,400 (2nd) – $3,750 (3rd)
(min) 18 months disqualification (2nd)
(min) 30 months disqualification (3rd)

Greater than or equal to 0.15

1st Offence 2nd Offence 3rd or Subsequent Offence
$1,700 – $3,750
(min) 10 months disqualification
$3,150 – $5,250
(min) 30 months disqualification
(max) 9 months imprisonment
$3,150 – $7,500
(min) lifetime disqualification
(max) 18 months imprisonment


*penalties for excess 0.15% offences may differ if there is a prior excess 0.08% conviction, refuse breath test conviction, or excess 0.05% with drive with illicit substance in blood conviction. You should seek legal advice.

**spent convictions may only be sought at the time of conviction, or 10 years afterwards. You should seek legal advice.



I used Nick for a drink driving charge and he was terrific in assisting me with the matter. He got me the best case scenario and I highly recommend his services to anyone who is looking for a good lawyer to represent them!
Jacob David Aitken
My son engaged Nick for a driving charge. Nick immediately put him at ease, laid out the facts and the process and then accompanied him to court. Thank you Nick for your help and support which resulted in a successful outcome. We have no hesitation in recommending him.
Annemarie Ansell
Thank you Nick and the Team at Stevenson Legal for a job well done. My partner was looking down the barrel at imprisonment if she did nothing but turn up to court but Nick managed to gain the minimum time off the road and a minimal fine considering what could of been for a major DUI offense. I found Nick to be very Thorough and Extremely Professional in his Presence and ticked all the right boxes on the day!! Thanks again Nick!!
Sean Osborne
My partner found herself in a tricky situation involving a DD charge, fortunately after having a chat with Nick.. he gave us his proffesional opinion on how he believes it this case would pan out. Everything he said that first day was accurate, and a fantastic outcome for us. Highly recommended anyone needing legal advice in regards to similar matters to do themselves a favour and go see Nick. Thanks again for your help and advice!
Brett Gibson
I used Nick to defend a drink driving charge and subsequently an extraordinary license. His service was very professional and I'm pleased to say he was able to secure the best possible outcomes in both proceedings.


Western Australia’s law enforcement officers have the authority to pull over vehicles and request that the driver, or another specified individual, undergo tests to determine their Blood Alcohol Content (BAC).

Section 67 of the Road Traffic Act 1974 sets out that it is an offence for a person to refuse to submit to allowing a sample of breath or a sample of blood and/or urine for testing, when so requested by a member of the WA police force.

If a person is convicted for such a refusal, the penalty may include:
• a fine,
• disqualification from driving (including a life disqualification),
• and potentially imprisonment.

Upon conviction, the penalties that may be imposed will depend on the circumstances surrounding the event and the history of any prior convictions for similar refusals, including any previous drink or drug driving convictions.

Typically, any prior relevant conviction within 20 years will be considered in determining the sentencing range.


The penalties for refusing a breath test are contained in section 67 of the Road Traffic Act:

1st Offence 2nd Offence Subsequent Offence
Min: $1700
Max: $3750
Disq: 10 months (Min)
Imprisonment: N/A
Min: $3,150
Max: $5,250
Disq: Fine or 9 months
Imprisonment: 30 months (Min)
Min: $3150
Max: $7500
Disq: Permanent
Imprisonment: Fine or 18 months


It’s important to remember that the prosecution must prove that you are guilty; you don’t need to prove that you are innocent.

Nicholas Stevenson, one of Perth’s leading drink driving lawyers, can look at all aspects of the charge against you and advise if there is a workable defence to the drink driving charge.

Our drink driving lawyers can help you with all issues relating to drink driving and DUI offences, including refuse breath test offences, and go to court with you if required. If you’ve been found to be driving while drunk, our specialised DUI lawyers can help you get the best outcomes for your charge. We can provide advice and representation for drink driving offences in the Greater Perth region from Joondalup to Mandurah, Armadale to Fremantle.

Our lawyers can also assist you on the phone, and after business hours, if that is more convenient. If you have been charged with a traffic law related offence in Perth, contact our lawyers at Stevenson Legal today.

If you’ve been caught drunk driving contact our Perth drink driving and traffic lawyers today to book a consultation or get legal advice concerning drink driving offences and other traffic law related offences in the greater Perth area.


If you have been charged with a traffic law related offence in Perth, contact our drink driving lawyers and solicitors at Stevenson Legal today. Our lawyers can assist you on the phone, and after business hours, if that is more convenient.

Call us on 08 9489 4898 to book a consultation or get legal advice concerning DUI offences, speeding fines, reckless driving and other traffic law related offences in the greater Perth area.