Caught Drink-Driving? Penalties, Such As Time Spent Being Ineligible

February 6, 2023    Traffic lawyers Perth
Caught Drink-Driving? Penalties, Such As Time Spent Being Ineligible

If you have been charged with any form of drunk driving in Western Australia, you might either receive a notice to go to the Magistrates court or receive an infringement along with demerit points. An infringement is usually issued to the ones who have a blood alcohol content of 0.05 to 0.079 or if the driver’s BAC is not more than 0.02.

Before you hire top drink-driving lawyers in your area, you must know that a zero alcohol limit is needed for new drivers, holders of extraordinary licences, drivers of taxis, heavy vehicles and others too. You may have to attend court to receive fines or serve a disqualification period for any other form of drunk driving offence. In this blog, you will learn more about drink-driving and the associated penalties.

Drink-Driving Penalties in Western Australia, Where Infringements Are Issued

You must know that infringements will only be issued if it is your initial drunk driving offence. If you are already on a zero limit and your ABC is greater than zero but less than 0.02, you may be fined $100 and 3 demerit points. The BAC for other drivers should be less than 0.05.

If the police charge you with a drunk driving offence and your BAC is under 0.05 or 0.059, you will get an infringement of $400 and be awarded more than two demerit points. If the BAC is around 0.06 to 0.069, you have to pay a fine of $400 and around four demerit points. In case of the BAC being between 0.07 to 0.079, you have to pay a fine of $400 and also five demerit points.

What Are The Penalties For A First-Time Drunk Driving Offence Where A Summons is Issued?

In your initial drunk driving offence, you will have to attend court (if the BAC is more than 0.08 or more). But in case your BAC is between 0.08 and 0.089, you will get a six-month disqualification and have to pay at least $750 as a fine. But if your BAC is more than 0.09 but less than 0.11, you will serve a seven-month disqualification period and pay a minimum fine of $850.

While knowing more about drink driving penalties WA, you must know that the BAC readings that are more than 0.11 but less than 0.13, drivers have to serve an 8-month disqualification period and also pay at least a fine of $1000. If the blood alcohol content is more than 0.13 but less than 0.15, you will get a 9-month disqualification and also incur a fine of $1150.

For BAC readings that are greater than 0.15, the disqualification period is at least for ten months, and the minimum fine is $1700. But in case of being convicted of driving under the influence, being unable to provide a sample or driving dangerously, causing injuries or death, you have to participate in the interlock program.

What Are The Penalties For Second Or Subsequent Drink Driving Offences?

All the second and subsequent drunk driving charges need the driver to appear in the Australian Magistrates court for sentencing. Any other previous drunk driving offences in the last 20 years will also be considered during the determination of the penalty.

The more offences committed in that period, the higher the fine will be and the longer the disqualification period is going to be ordered.

  • For blood alcohol content between 0.05 to 0.069, the fine will be around $1250, and there will be a disqualification period between six to eight months.
  • If your BAC is between 0.05 and 0.69, you will need to pay a fine of around $1250, and there will also be a disqualification period between six to eight months.
  • If your BAC is between 0.07 and 0.079, you have to pay a fine of $1500 least and have to serve a disqualification period for eight to ten months.
  • If the BAC is more than 0.08 to 0.089, you must pay a minimum fine of $1600 and serve a disqualification period of eight to ten months.
  • For BAC more than 0.09 or 0.11, you must pay fines of $1700 and $1800, respectively, and serve disqualification periods from 10 to 17 months.

People who are convicted of drunk driving cases mostly opt for traffic offence lawyers. In Western Australia, if an individual is found guilty of a second or subsequent drunk-driving offence within five years of committing the initial offence, they are going to receive an interlock order. All the costs related to the interlock order have to be borne by the offender.

Combined Drink and Drug Driving Offence

Since June 2021, a new law has been introduced that gives harsher penalties for combined drunk and drug driving offences in Australia. As per research, it is shown that the combined use of drugs and alcohol intake can enhance the risk of a fatal automobile crash by more than 20 times.

This combined offence is created to avoid such high-risk behaviour and send a sound message to the Australian driver. The message is that they are putting themselves and others at risk by consuming both drugs and alcohol at the same time while driving a vehicle.

This new law looks to target people who have the highest road safety risk and have repeated the same offence again and again. This will include Australian drivers who are detected with the following:

  • A middle or high MAC combined with the presence of illicit drugs.
  • Any low, medium or special range alcohol mixed with the presence of illicit drugs or if the driver has been convicted of serious offences in the last five years.

Associate With Traffic Lawyers Perth

If you have been convicted of any drunk driving offence in Australia, you must hire the best traffic lawyers from Traffic Lawyer Perth. Due to their experience and expertise, these lawyers can help you inform more about the traffic laws in Australia and see if they can provide any aid to lessen the amount of offence or help you with other troubles.

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