Is Drink Driving A Criminal Conviction In Australia?

November 28, 2023    criminaldefencelawyersperthwa
Is Drink Driving A Criminal Conviction In Australia?

Yes, drink driving, also known as driving while intoxicated (DWI) or driving under the influence (DUI), can result in a criminal conviction. A DUI or DWI violation may be investigated if a person is discovered driving a vehicle with a blood alcohol content (BAC) above the legal limit or while under the influence of drugs. Fines, license suspension, mandated alcohol education programs, and, in certain circumstances, incarceration are common legal repercussions, depending on the jurisdiction.

Driving while intoxicated is considered a severe violation since it endangers public safety. The legal BAC level and punishments for DUI/DWI differ by nation and location. When operating a car, it is critical to be aware of and follow local regulations addressing alcohol and drug-related violations. If someone faces a DUI/DWI accusation, they should speak with drink driving lawyers perth to learn about the specific penalties and defences available in their area.

  • Criminal Conviction

Driving while under the influence of alcohol is a criminal offence in WA. The extent to which it is considered a criminal violation varies by jurisdiction, although it is often prosecuted as such. The BAC level determines the severity of the sanctions, the categorization of the offence, and whether it is the first or second offence.

  • Blood Alcohol Concentration (BAC) Limits

Drivers in Australia must comply with strict BAC limits. The legal BAC limit for most drivers is 0.05 grams of alcohol per 100 milliliters of blood, as of my most recent knowledge update in January 2022. Certain types of drivers, such as learners, probationary licence holders, and professional drivers, have tougher limitations.

  • Drinking and Driving Penalties

Depending on the circumstances, fines, licence suspension, and imprisonment may be imposed for drunk driving violations. The harsher the penalty, the more serious the violation and the higher the BAC. Repeat violations usually result in severe penalties.

Fines: As a penalty for drinking and driving, offenders may face significant penalties.

Licence Suspension: One of the most prevalent consequences of drunk driving is the loss of one’s driver’s licence. The length of the disqualification depends on the BAC level and whether the crime is a first-time or repeat offence.

Imprisonment: Imprisonment may be enforced in more serious situations, notably those involving high BAC levels or repeat crimes.

  • Administrative Consequences

In addition to criminal penalties, there are administrative penalties for drunk driving criminal offences in WA. The appropriate road traffic authority carries these out and is distinct from criminal procedures. Administrative penalties are largely intended to ensure road safety.

Immediate Licence Suspension: If a driver is found to be driving with a blood alcohol concentration (BAC) above the legal limit, their licence may be suspended immediately. This is an administrative action done by the police instead of court-ordered punishment.

Impoundment of Vehicles: As an extra administrative penalty, authorities may impound the offender’s car in some situations, notably for repeat offenders or those with excessively high BAC values.

  • Proceedings in Court

Criminal Charges: When a person is found drinking and driving, they may be summoned to court to face criminal charges. The criminal consequences, including fines, jail, and licence suspension, will be determined in court.

  • Rehabilitation Programs

In some situations, the court may require a convicted drunk driver to participate in rehabilitation programs or receive instruction about the hazards of drinking and driving. Completing such programs can help you get a better sentence.

Why Should You Hire a Drink-Driving Lawyer to Protect Your Future?

You’ve come to the correct place if you’ve been in a DUI incident and are wondering why you should hire drunk driving lawyers. Let us discuss some of the main reasons why having a lawyer is crucial in this blog.

1. Stay Clear of Test Requirements

Random urine test testing is just one of the costly and burdensome penalties that could be imposed as part of your sentence. To find out whether you must take a test, you must report to a testing facility once every day. Missing a test could impact your probation and put you behind bars.

It can be challenging to comply with testing requirements if you have a job or limited transportation. Remember that you will likely lose your licence for a while, making it difficult to schedule appointments. You can lead a normal life again by having this penalty reduced or wiped out with the help of drink driving lawyers. If you have legal representation, you can only persuade the judge to drop this requirement from your case.

2. Future Employability

If a DUI is not handled correctly, it will appear on your criminal record. When you’re applying for new jobs, keep this in mind. It might also have an impact on your present employment.
The best traffic lawyers specialising in DUI cases will try to minimise the charges against you to prevent a criminal record. To keep this information private, you might have to pay a fine, perform community service, or both.

Consider hiring criminal appeal lawyers to take care of your case if you want to spare yourself the humiliation of having a job application turned down.

3. Maintain Your Licence

Your licence is immediately suspended until further notice following a DUI arrest. While going through court proceedings, you will not be allowed to drive at all. However, criminal appeal lawyers could sufficiently reduce your charges so that you can regain your licence after the case is over.

If you represent yourself without legal representation, you could lose your licence for up to a year following the case’s verdict. This might significantly affect your social life, job, and home life in Australia. Should this not be your initial violation, your licence suspension may be extended.

4. Avoid Ignition Interlock Devices

Your car has an ignition interlock system installed, and each time you start your car, you have to blow into it. If you do this, your car will start. These devices are typically necessary for at least a year following your offence. The passengers you may be travelling with may become extremely anxious due to these embarrassing devices. In addition, they are costly, and you have to buy and install the device yourself. The criminal appeal lawyers can dismiss your case to exempt you from this requirement.

5. Don’t Buy High-Risk Insurance

To save you money on high-risk insurance premiums, your drink driving lawyers can also work to reduce the charges in your case. These premiums can significantly affect your financial status and are required for a minimum of three years following a DUI.

It’s also crucial to remember that, based on the specifics of your case’s resolution, you might completely lose your insurance. To ensure that you maintain your insurance and can drive, a trustworthy lawyer in Perth can guide you through all the possibilities.


Your best defence against going to jail and having to spend your entire life savings on an enormous drunk driving charge is to hire drink driving lawyers, to handle your case. Seek a local lawyer, preferably one who handles cases in the region where you were arrested or in your area. By doing this, you can be sure that the lawyer understands the specifics of your case and may even have a good rapport with the judge hearing it.

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  • A massive thank you to the criminal defence lawyers perth WA team for a great outcome of my friend case. Legal services provided were very professional and exceptionally great . Highly recommended criminal defence lawyers in perth and nearby.

    Praveen Dhundwal
  • Very good lawyers

    Rajneet Kaur
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