Is Drink Driving A Criminal Offence In WA?

February 20, 2023    criminaldefencelawyersperthwa
Is Drink Driving A Criminal Offence In WA?

There are many reasons why there is road trauma in Western Australia, and one of the greatest contributors to that trauma is drug and drink driving. Driving that is affected due to alcohol often leads to road accidents, crashes, breaking of the law and also death.

Victims often look to hire a drink driving lawyer in such cases to seek compensation. Before hiring a lawyer for any relevant case, you must know that at least 40 people get killed in alcohol cases in Western Australia. In this blog, you’ll learn more about whether drink driving is considered a criminal offence in Australia and under what circumstances.

Drinking And Driving

Alcohol affects your ability to make safe and proper decisions on the road. When you are under the influence of alcohol, you may be over the limit, but you will not realize that. You must either drink or drive and avoid drinking and driving together, as the consequences can be fatal.

It is not easy to determine your own BAC level as only the experts who check you prior to any incident do it. Some of the factors that contribute to your BAC level are as follows:

  • The alcohol amount that you have consumed.
  • The period when you consumed the alcohol.
  • The health of your liver and how to fit you are.
  • Your body weight.
  • Whether you have consumed food.

If you drink, it is important that you are aware of the following things:

  • It is not proper to drink more than two drinks in the first hour and another drink in the next hour.
  • It is improper for women to drink more than a standard drink every hour.
  • A standard drink usually contains around ten gm of alcohol.
  • Both men and women should not be allowed to drink more than four standard drinks every day and not more than ten drinks a week.

What Are The Infringements For Drink Driving Offences In Australia?

Before you plan to hire drink driving lawyers Perth, it is important that you are aware of the infringements for drink driving offences. If you are found to be driving in WA with a BAC level that is equal to or more than 0.05 or lesser than 0.08, you will have to pay a fine to avoid any prosecutions in court.

  • If your BAC is 00.5 but less than 0.06, you have to pay a fine of $1,000 and will get three demerit points.
  • If your BAC is 0.06 or less than 0.07, you will have to pay a fine of $1000 and be served four demerit points.
  • If your BAC is 0.07 but less than 0.08, you will be given five demerit points and a fine of $1000.

What Are The Court Penalties For Drink Driving Offences In Australia?

The penalties handed out by the court for drink driving offences in Australia are as follows:

1. 0.05 Or Lesser Than 0.07

  • If you have a BAC level of 0.05 but is less than 0.07 and it is your initial offence. You must pay a fine of $1,250 at the most, and your licence will be suspended too.
  • For the second offence, where the BAC level is the same, you will have to pay a fine from $1,250 to $2,000. Your licence will also be disqualified for six months at the least.
  • If it is your third offence where you have the same BAC level, you must pay a fine of $1,250 to $2,000. There will be an eight-month disqualification of your licence.

2. 0.07 Or Lesser Than 0.08

  • If your BAC level is 0.07 and less than 0.08, and if it’s your initial offence, you have to pay a fine of $1,250 at most. Your licence will be disqualified as per the court’s order in WA.
  • In case it is your second offence, you will have to pay a fine of $1,500 to $2,000. Your licence will also be disqualified for at least eight months in WA.
  • For a subsequent offence, you will have to pay a fine of $1,500 to $2,000. Your driving licence will also be disqualified for at least ten months following the court’s orders.

3. 0.08 Or Lesser Than 0.09

  • Before hiring the best lawyer for drink driving cases, you must know that if your BAC is 0.08 or less than 0.09. You will have to pay a fine of $750 to $2,250. Your licence will also be disqualified for at least six months.
  • If it is your second offence under the same BAC level, you will need to pay a fine of $1,600 to $2,250. And serve a licence disqualification for eight months in WA.
  • If it is your third offence or for other subsequent offences, you will pay a similar fine. But, your licence will be disqualified for at least ten months in WA.

4. 0.09 Or Lesser Than 0.11

  • Under this BAC level, and if it is your initial traffic offence, you must pay a fine of $850 to $2,250. Your licence will also be disqualified for at least seven months.
  • For the second offence, you will have to pay a fine of $1,700 to $2,250. There will also be a licence disqualification for ten months in WA.
  • For the third and other subsequent offences, you will need to pay a similar fine, and your licence will be suspended for 13 months.

In the same way, for BAC levels more than 0.11 to 0.15. You will have to pay a larger amount of fines and have to serve a licence disqualification period for longer months based on your BAC level.

Associate With Criminal Defense Lawyers Perth WA

If you are involved in any drink driving case in Western Australia, you will need to hire a trained criminal defence lawyers Perth. They can help provide much-needed advice and represent you in court cases. Contact Criminal Defense Lawyers Perth WA, for the best lawyers to help you during difficult times.

 

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