Drink driving is the most important cause of road accidents in Australia. No matter wherever you are in the country, drink driving will be treated as a serious crime. If you are driving a vehicle above the legal limit, you will face penalties that might range from driving disqualification, suspension or cancellation of your driving license, imprisonment or fines for a driving offense.
The State Government of Australia has introduced the new Road Traffic Amendment (Impaired Driving and Penalties) Act 2019 which are in effect since July 2021. In this article you will get to know important drunk driving laws as it will help you to protect yourselves from making any offense.
If you are guilty as charged for such an offense, drink driving lawyers can help you. Read below to know about everything you need to know regarding drink driving in Australia.
The legal blood alcohol concentration (BAC) limit is below 0.05 for drivers. However, learner drivers (With L plates), probationary drivers (with P plates) and professional drivers (for vehicles like taxis, buses and heavy trucks) should drive with a zero BAC. Any person who is with a learner driver must not also have above 0.05 BAC. Additionally, if you refuse to undergo a breathalyzer test for drugs or alcohol requested by the police, you will be guilty of an offense. Traffic lawyers will be able to support you in such cases.
Arrange alternative accommodation and transportation when you’re going to drink from before. You can use public transport or a shared ride. You can also choose a designated driver to take you home safely.
Road Traffic Act 1974, Section 61 states that If a person is driving the vehicle in a way that can bring danger to a person or the public, it is a crime.
According to the Section 59 of The Road Traffic Act 1974, if a person driving under the influence of alcohol, drugs or both gets involved in any accident that causes death of a person or severely damages the body parts, it is a criminal offense.
Section 59A of the Road Traffic Act, 1974 states that if a driver is under the influence of alcohol, drugs or both and causes a dangerous driving accident causing physical harm to another person, it is a criminal offense.
The Road Traffic Act also states that if someone refuses to cooperate during a breath test, they shall receive punishment. Traffic lawyers in Perth should be contacted in such a case for the outcome to be in your favour.
The State Government of Australia has introduced the new Road Traffic Amendment (Impaired Driving and Penalties) Act 2019 which are in effect since July 2021. The drink driving penalties have increased with the new Road Traffic Amendment. The following table lists the penalties you have to face depending on the blood alcohol level content.
| Blood Alcohol Content | Second offence Penalty | Subsequent offence Penalty |
|
| = 0.07 | Maximum Fine Minimum Fine Disqualification | $2000 $1500 8 months | $2000 $1500 10 months |
| = 0.05 <0.07 | Maximum Fine Minimum Fine Disqualification | $2000 $1500 6 months | $2000 $1500 8 months |
A BAC of more than 0.08 will lead you to face the following penalties
| Blood alcohol content | First offense Penalty | Second Offence Penalty |
Subsequent offence Penalty | |
| = 0.08 <0.09 | Maximum Fine Minimum Fine Disqualification | $2250 $750 6 months |
$2250 $1600 8 months | $2250 $1600 10 months |
| = 0.09 <0.11 | Maximum Fine Minimum Fine Disqualification | $2250 $850 7 months |
$2250 $1700 10 months |
$2250 $1700 13 months |
| = 0.11 <0.13 | Maximum Fine Minimum Fine Disqualification | $2250 $1000 8 months | $3000 $1800 14 months | $3000 $1800 17 months |
| = 0.11 <0.13 | Maximum Fine Minimum Fine Disqualification | $2250 $1150 9 months | $4500 $1150 18 months | $4500 $1150 30 months |
Repeated drink driving might cause suspension of your driving license. Such offenses can be pretty overwhelming to deal with. An individual facing such charges might face serious distress as their reputation gets on stake. Therefore it is important to take support from professional lawyers who are experienced in dealing such cases. Traffic lawyers in Perth are experts in traffic and criminal laws. They are capable of successfully representing you if you have faced a charge of drunk driving. They will also give you the best legal advice.
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