First-Time Drink Driving Offence? Here’s What You Need to Know

March 20, 2025    Traffic lawyers Perth
First-Time Drink Driving Offence? Here’s What You Need to Know

First-time drink-driving offence can be a daunting scenario, potentially attracting both legal and personal implications. If you happen to be charged with drink-driving in Western Australia, here is where you may need to learn about the legal process. Here’s an in-depth guide for first-timers on navigating such issues and how the top drink driving lawyers in Perth can guide you through the same.

Understanding Drunk-Driving Lawyers in Western Australia

In WA, drink-driving is a significant traffic offence governed by the Road Traffic Act 1974. The law enforces strict BAC limits:

  • 0.05% BAC for most drivers.
  • 0.00% BAC for learners, probationary drivers, and certain professionals like taxi and truck drivers.
  • 0.02% BAC for heavy vehicle drivers over 22.5 tonnes.

Exceeding these limits can lead to legal action, and their penalties depend on the BAC level at the time of the offence.

Penalties for First-time Drink Driving Offenders

Most often, first offenders will be subject to lesser sentences compared to multiple offenders, yet punishment can still be substantial. Here we have discussed some of them:

  • Fines: A few hundred to thousands of dollars, depending on the BAC.
  • Demerit points: Adds up to your traffic record. It may affect license status.
  • License Disqualification: For high range drink driving greater than 0.08% BAC: court may issue a license suspension.
  • Criminal Record: Conviction may sometimes lead to criminal records, meaning future employability may get hampered by the same.

It is always better to consult traffic offence lawyers in Perth to gain proper knowledge regarding your case results.

What Happens After a Drink Driving Charge?

Once you are charged with a drink driving offence, the (initial) legal process is as follows:

  • Getting Infringement Notice or Court Summons: A fine is applicable for minor offences, while serious offences require going to the court.
  • Court Proceedings (if your case goes to court): If your case goes to court, you will need a drink-driving lawyer to present your defence.
  • Suspension of licence or Disqualification: According to your BAC and previous crimes, the government might suspend or disqualify your driving privileges.

If you are unsure how to proceed, seeking guidance from traffic lawyers in Perth can help protect your rights and reduce penalties.

Defending a First-time Drink Driving Charge

Some defences to a charge of drink-driving include the following:

  • Faulty Breathalyser Readings: Sometimes, the reading equipment is faulty and provides misleading readings.
  • Procedural Mistakes: Policemen need to adhere strictly to procedures when administering breath tests. This failure to adhere might mean the case becomes null.
  • Medical Conditions: There are medical conditions that alter BAC reading.

An experienced traffic defence lawyer in Perth can assess your case and determine if any of these defences apply.

How a Traffic Lawyer Can Help

If you are charged with drink driving, we believe that you may be able to drastically affect the outcome of your case by engaging traffic lawyers in Perth WA. They can do so in the following ways:

  • They will provide you with professional legal advice tailored to your case.
  • Represent you in court to reduce penalties.
  • Seek a plea bargain for an alternative sentence, like participation in a treatment program.
  • Assistance with applying for an extraordinary license if your regular license is suspended

Getting in touch with Perth drink-driving lawyers would improve your chances of a more palatable outcome.

How to Apply for an Extraordinary Licence

In case your driving license was disqualified, you can apply for EDL (extraordinary driver license), which is a limited driving license. You have to demonstrate that the loss of your license creates a great hardship, such as:

  • You cannot work without a license
  • Medical or family responsibilities require transportation
  • Exceptional circumstances justify the need for an EDL

The preparation of an EDL application requires legal expertise, and traffic offence lawyers can assist in preparing a strong application.

Avoiding Future Drink Driving Offences

A first-time offence can be a learning experience. To avoid future charges:

  • Ride-sharing services or designated drivers are available to consume alcohol.
  • Alternative transport arrangements can be planned before drinking.
  • Knowledge of the effects of alcohol on BAC and the time taken for it to leave the body can be understood.

Legal obligations can be understood, and professional drink driving legal advice can be sought to avoid further offences.

Conclusion

A first-time drink driving offence in WA will be very penalising, but with the best drink driving lawyers, you could minimize the damage it would bring to your life. Whether it is negotiating for penalties, applying for an extraordinary license, or defending against wrongful charges, the best lawyers will legally protect you.

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