Is There A Limit On Drinking And Driving In WA? What Are The Penalties For Doing So?

January 10, 2023    criminaldefencelawyersperthwa
Is There A Limit On Drinking And Driving In WA? What Are The Penalties For Doing So?

In Western Australia, you will receive any infringement with demerit points. Or a notice to appear in the Magistrates Court after you are charged with drink driving. People usually opt for a drink driving lawyers in such cases, and a violation is generally issued to people with a BAC of 0.079 to 0.05. If the driver is on a zero limit and the BAC is less than 0.02, infringement will be issued too.

Read the guide below to learn more about the penalties for drinking and driving in Australia.

BAC Reading 0.08 Or More

If your BAC reading comes 0.08 or more than that. You will get automatic disqualification before the matter gets finalized in court. The court will impose a specific fine along with a disqualification period. The length of the disqualification period depends on BAC reading. And if it is your first, second or third/ subsequent office.

Penalties For Drink-Driving In Western Australia Along With Infringements.

Infringements are usually issued for an individual’s first drink driving offence. If the limit on your vehicle is zero and your BAC is less than 0.02 and more than zero. You will receive a fine of around $100, along with three demerit points. All the other drivers usually have a BAC of less than 0.05.

If your BAC is between 0.06 and 0.069. You will receive a violation of around $400 and about four demerit points. But, if your BAC is 0.07 and 0.079, you will receive a fine of about $400 and five demerit points.

Penalties For First-Time Drink Driving Offences In Which A Summons Is Issued.

Before you opt for drink driving lawyers Perth for your case. You must know the penalties for your first drunk driving offence. If it is your initial drunk driving offence, you will have to attend court if the BAC is 0.08 or more than that.

In case your BAC is between 0.08 and 0.089, you will receive around a six-month disqualification and a minimum fine of $750. If your BAC is more than 0.09 or less than 0.11. You will usually receive a 7-month disqualification and a fine of around $850. For the BAC readings that are greater than 0.11 but lesser than 0.13. There will be a period of 8-month disqualification period and at least a fine of $1000.

If you have a BAC of more than 0.13 or less than 0.15, you will likely receive a 9-month disqualification and a minimum of around $1150. If the BAC reading is 0.15 or more. You can likely receive at least a disqualification period of 10 months and a minimum penalty of $1700.

If you have been convicted or accused of driving under any influence, failed to provide a sample or drove dangerously. causing harm or death. You might be ordered to participate in the interlock program. You can hire an expert lawyer in such cases who can represent your case in court.

Penalties For The Second And Subsequent Drink Driving

All the second and subsequent drink driving charges will need you to appear in the Magistrates Court for sentencing. Any previous drink driving offence in the last 20 years is usually considered after the penalty is decided. The more offences you commit within that period, the higher the fine and the longer the disqualification period will be ordered.

  • If your BAC is between 0.05 and 0.069, you will be fined at least $1,1250 and be disqualified from driving for six to eight months.
  • If your BAC is between 0.07 to 0.079, you will get a maximum fine of around $1500 and a disqualification of eight or ten months.
  • If your BAC is between 0.08 to 0.089, you will get a maximum fine of $1600 and a disqualification of eight to ten months.
  • If your BAC is 0.09 but less than 0.11, you must pay a minimum fine of $1700 and serve a disqualification period of 10 or 13 months.
  • If the BAC reading is 0.11 but less than 0.13, you must provide a minimum fine of $1800 and also serve a disqualification period of 14 to 17 months.
  • If your BAC is between 0.13 and 0.149, you will likely receive a minimum fine of $2400 and serve a disqualification of either 18 or 30 months.
  • In these cases, you may need to hire a drink driving lawyer. If your BAC reading is 0.15 or more, you must expect to receive a fine of around $2400 and a maximum fine of $7500. You will also be disqualified for 30 months for the second offence. And serve a lifetime ban for the third and then the subsequent offences.

The Magistrate has the power to order you an imprisonment. Term of up to nine months for a second offence and till 18 months for a third offence. In WA, you will likely receive an interlock order. When an individual is found guilty of a second or third drunk driving offence. The offender must bear all costs required to comply with the interlock order.

Contact Criminal Defence Lawyers Perth WA

If you have committed a drink driving offence and need legal advice or representation. You can hire the best lawyer for drink driving. Contact Criminal defence Lawyers Perth WA to access top lawyers in Australia who can help to represent you during such a case.

 

REQUEST A QUOTE NOW! Complete the form below for a fast response


Related Posts
  • 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
Enquire Now
Call Us Now