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FACING DRINK DRIVING CHARGES?

Find out more about the drink driving penalties for offences committed in WA.

DRINK DRIVING PENALTIES WA

Each drink driving charge carries its own penalty and an experienced lawyer understands the individual needs each case requires. The height of the reading and whether it is a first, second or third offence play a role in the drink driving penalty you receive and can also impact significantly upon waiting periods for extraordinary driver’s licence applications.

The drink driving penalties for both first, second and subsequent offences are outlined below. It is important to note that the below disqualification period are minimums only; the courts can and will impose longer disqualification periods if appropriate.

 

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I was referred to Nick by a satisfied friend of mine who has also used his services. Nick achieved the optimum end result I was after, highly recommend, many thanks!
Tyrall Sutherland
Highly recommended, very professional, great out come and just a really good man, I had tried multiple lawyers, 6 or 7 of them from the Perth area, he was the most straight forward and honest one, the rest were humming and haaaring about my case, if it wasn't for Nick Stevenson I would be sitting behind bars right now, thank you Stevenson Legal - best in the business!
Tyson Mabbett
Awesome lawyer would highly recommend to everyone in need of a good lawyer. 100% the man.
Ihaka Raimona
Nick was extremely clear and concise with his advice from the moment I engaged him and was very knowledgeable about the whole process. But most importantly he got the job done and achieved the desired result for myself. Would highly recommend.
Andrew Riley
Nick is a highly competent individual. He immediately honed in on the most advantageous manner to pursue my case without extracting hours of unproductive, frivolous details and costly charges. Innocence is not a forgone conclusion if you don't know how to navigate the legal system. Without his acumen, I would have ignorantly accepted an outcome with unforeseen long-term repercussions. I owe a debt of gratitude for his services. On the day I was required in court, Nick was able to guide me through the procedure and what I should expect. With out his help, I would still be without a license. I have no problem recommending Nick Stevenson to any of my business associates and Look forward to employing his services in the future.
Julie Armstrong
After a terrible experience with another lawyer we sought out the services of Nick for an Extraordinary Drivers Licence application and am so glad we did. Nick is professional and clearly very experienced. He made the process simple for us with the exact outcome we were hoping for. Highly recommend! Thanks again Nick.
Chris M
Nick from the start made me feel very comfortable and his professionalism around the task at hand was outstanding. Nick's attention to detail, ability to pass on information, knowledge of the laws meant I knew I had the perfect partner. Nick was affordable and organized throughout the whole process I would recommend Nick to all who would be interested. Completely Satisfied!
Mike Evans
My partner found herself in a tricky situation involving a drink driving charge. Nick gave us his professional opinion on how he believed the case would pan out. Everything he said that first day was accurate and resulted in a fantastic outcome for us. Highly recommended. Anyone needing legal advice in regards drink driving matters should do themselves a favour and go see Nick. Thanks again for your help and advice!
Brett Gibson
Nick represented me in a serious traffic offence matter. Outstanding legal argument from him managed to persuade the Magistrate for a spent conviction. I highly recommend Nick. You won’t get much better than him.
Rick Karaitiana
I engaged Stevenson Legal to represent me in my extraordinary license application. At all times Nick was thorough and diligent. This resulted in me being granted an 'E' License which has helped me tremendously. Very happy with the service and would recommend him in a heartbeat!
Ben Martin
I highly recommend Stevenson Legal. From first meeting through court appearance Nick was thorough, rational and honest. His manner and explanation of procedure before entering the courtroom was very reassuring and his presence and knowledge when in court was very impressive. I could not be happier with the outcome.
Marcus P
I recently engaged Nicholas Stevenson of Stevenson Legal to represent me against a charge that carried a substantial fine and imprisonment. Nick was able to obtain a "Spent Conviction" for me. Nick was clearly at ease with the court environment and acted with great competency and professionalism. I highly recommend him.
Alun Dufty
I can highly recommend Nick Stevenson. Without his representation I would not have my extraordinary driver's licence for which I am truly grateful. I can now keep my job which I was in danger of losing. Nick is always available, friendly, understanding and speaks in easy to understand language, never judgemental, Simply the best!
Wendy Andri
Nick is an outstanding lawyer, who doesn't sell you the world and deliver you nothing. He uses he extensive legal knowledge and experience, to give you a defence which will lead to the best outcome in relation to the charge you are facing. He is extremely competent in compiling any evidence which may provide mitigating circumstances to your offence. I would not hesitate to use his services again in the future. A 5/5 lawyer and his fees are money well spent.
R H
Thankyou Nick 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 offence. I found Nick to be very thorough and extremely professional. He ticked all the right boxes on the day!! Thanks again Nick!!
Sean Osborne
Nick was very professional in the handling of my son Adam’s application for his Extraordinary Drivers Licence. Nick is very direct and honest we thought our son would get refused but Nick’s preparation and legal knowledge got our son through this dark chapter. I would have no hesitation in recommending Nick, Thanks again Nick!
Karen Bowers
Highly recommend Nick he has helped me with 2 cases first one lifting a life licence ban and now getting my extraordinary licence condition changed to allow me a truck licence when the prosecutors objected to it. Both cases he was successful. Very knowledgeable with law and great help HIGHLY RECOMMEND👍👍👍👍
Damien Jurgens
This experience of losing my licence has been one of the toughest to deal with but dealing with Nick Stevenson has been one of the best outcomes I could have imagined. His professionalism and attention to detail in his organisational skills are second to none and made my court experience feel like a breeze. I was honoured my extraordinary licence by the judge on the day with no fuss whatsoever. Thank you Nick Stevenson I am very pleased I chose you to be my lawyer through a tough situation. Thank you!
Jarrod Coote
Nick was very professional from the onset with my case. Nick informed me of all required information throughout the whole process and made it very simple and stress free. I applied for EDL which was required for work purposes. Due to a thorough collection of supporting documents and a extensive justification as to why my EDL was necessary we were successful. Not only were we successful in being granted my EDL but all desired outcomes were achieved, only the mandatory restrictions were applied to my EDL. Due to the successful outcome of my hearing I have been able to continue with my employment without any worry or repercussions and most importantly loss of income. I can't thank Nick enough for his efforts and I highly recommend anyone who finds themself in a similar situation to seek his services asap to achieve the best possible outcome. Thankyou again Nick!
Kris
I was first introduced to Nick Stevenson from Stevenson Legal in December 2013. My Licence was cancelled and I was required to apply for an Extraordinary Drivers Licence. From the first meeting with Nick, I was so impressed with his high attention to detail and customer service. He helped me organize all the information required, His Focus on Completing Task and working collaboratively to ensure a consist approach was shared. On the day I was required in Court, Nick was able to guild me though the procedure and what I should expect. Without his help, I would still be without a licence. I have No Problem recommending Nick Stevenson to any of my Business Associates and Look forward to employing his services in the future.
Ashley Newick

DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI)

If your blood alcohol reading is equal to or exceeds 0.15, the offence is deemed ‘driving under the influence of alcohol’. An initial offence will warrant a minimum period of 10 months disqualification and a fine of up to $3,750.00. Should a second offence be committed, the minimum penalty is 30 months disqualification, a fine of up to $5,250.00, and possible imprisonment of up to 9 months. A third offence will warrant a fine of up to $7,500.00, a lifetime disqualification from driving and possible imprisonment of up to 18 months. Provided that you do not re-offend, you may be eligible to have a lifetime disqualification withdrawn after 10 years by making an application to remove the lifetime disqualification to the District or Supreme Court of Western Australia.

DRIVING UNDER THE INFLUCENCE OF ALCOHOL (DUI) AND DRUGS

The parliament has in 2021 passed laws increasing the penalties for driving under the influence of alcohol and drugs. An initial offence will warrant a minimum period of 15 months disqualification and a fine of up to $5,650. Should a second offence be committed, the minimum penalty is 42 months disqualification, and a fine of up to $7,900, and possible imprisonment of up to 9 months. A third offence will warrant a fine of up to $11,250, a lifetime disqualification from driving, and possible imprisonment of up to 18 months. Providing that you do not reoffend, you may be eligible to have a lifetime disqualification withdrawn after 10 years by making an application to remove the lifetime disqualification to the District or Supreme Court of Western Australia.

DRIVING WHILE IMPAIRED BY DRUGS

Any person who drives or attempts to drive a motor vehicle while impaired by drugs commits an offence which is considered serious in Western Australia. That person may be arrested without a warrant. The prosecution will need to prove that you drove or attempted to drive a motor vehicle, and that one or more drugs were present in your body at the time, and that your conduct, condition or appearance was consistent with the conduct, condition, or appearance associated with a person who had consumed the particular drug, and that that conduct, or condition would be inconsistent with a person being capable of having proper control of a motor vehicle. There may be some defences to this charge particularly concerning prescription medication and professional legal advice should be sought.

If a person is convicted of driving while impaired by drugs an initial offence will warrant a minimum period of 10 months disqualification and a fine of up to $3,750.00. Should a second offence be committed, the minimum penalty is 30 months disqualification, a fine of up to $5,250.00, and possible imprisonment of up to 9 months. A third offence will warrant a fine of up to $7,500.00, a lifetime disqualification from driving and possible imprisonment of up to 18 months. Provided that you do not re-offend, you may be eligible to have a lifetime disqualification withdrawn after 10 years by making an application to remove the lifetime disqualification to the District or Supreme Court of Western Australia.

 

DRIVING WITH PRESCRIBED ILLICIT DRUGS IN ORAL FLUID OR BLOOD

If the police allege that you drove with an illicit drug in a sample of your oral fluid or blood you may be charged and convicted. There are various drugs that are prescribed as illicit substances for the purposes of the Road Traffic Act 1974. If convicted a person may, on a first offence, be subject to a fine of up to $1,250. On a second or subsequent offence they may be liable to a fine of up to $2,000 and may receive a disqualification of up to 6 months. The court always has the discretion to impose a voluntary disqualification for a first offence if they believe the circumstances would warrant it. You should seek legal advice in relation to charges of driving with a prescribed illicit drug. You will have the ability to seek a spent conviction at the time you are convicted of this offence but you should seek legal advice before making any such application as if your application is refused for any reason you are likely to be required to wait a minimum of 10 years before being able to reapply.

 

DRINK DRIVING WITH AN ILLICT SUBSTANCE IN THE ORAL FLUID OR BLOOD

The parliament has in 2021 introduced new legislation aimed at punishing people who are caught a drink-driving and have an illicit substance in their blood or oral fluid at the time. These new laws have significantly increased the old penalties and you should seek legal advice in relation to the same. You will have the ability to seek a spent conviction at the time you are convicted of this offence but you should seek legal advice before making any such application as if your application is refused for any reason you are likely to be required to wait a minimum of 10 years before being able to reapply. There are additionally penalties and provisions that apply to certain classes of drivers such as holders of provisional licenses and recently disqualified drivers. professional legal advice should be sought in those circumstances.

FIRST OFFENCE

The following table shows the penalties that will apply for a first offence of driving with a BAC of = 0.05 but < 0.08.

BAC (G/100ML) INFRINGEMENT MAX. COURT PENALTY DEMERIT POINTS
= 0.05 but < 0.06 $1000 $1,250 3
= 0.06 but < 0.07 $1000 $1,250 4
= 0.07 but < 0.08 $1000 $1,250 5

SECOND OR SUBSEQUENT OFFENCES

The following table shows the court penalties for drink driving offences. The penalties in these tables represent drivers who held a full licence at the time of the offence.

BAC (G/100ML) PENALTY TYPE 1st OFFENCE 2nd OFFENCE SUBSEQUENT

OFFENCE

= 0.05 but < 0.07 Min

Max

Disq

See Table 1 $1250

$2000

6 months

$1250

$2000

8 months

= 0.07 but < 0.08 Min

Max

Disq

See Table 1 $1500

$2000

8 months

$1500

$2000

10 months

= 0.08 but < 0.09 Min

Max

Disq

$750

$2250

6 months

$1600

$2250

8 months

$1600

$2250

10 months

= 0.09 but < 0.11 Min

Max

Disq

$850

$2250

7 months

$1700

$2250

10 months

$1700

$2250

13 months

= 0.11 but < 0.13 Min

Max

Disq

$1000

$2250

8 months

$1800

$3000

14 months

$1800

$3000

17 months

= 0.13 but < 0.15 Min

Max

Disq

$1150

$2250

9 months

$2400

$3750

18 months

$2400

$3750

30 months

> 0.15 Min

Max

Disq

Imprisonment

$900

$2500

10 months

$2100

$3500*

30 months

9 months

$2100

$5000**

Life

18 months

* Option to max fine for second offence is 9 months imprisonment.
** Option to fine for third and subsequent offences is 18 months imprisonment.

 

 

CONTACT US FOR ASSISTANCE WITH YOUR DRINK DRIVING CHARGES TODAY

If you’re facing drink driving charges in WA and need assistance navigating the penalties, trust the experienced lawyers at Stevenson Lawyers to handle your case. Get in touch with us on 08 9489 4898 to book a consultation today.