Traffic law Drink Driving
About Contact
Menu
Call 1300 895 998

Drink Driving
Lawyers & Barristers

in Perth, available now...

  • Overview

We can help with all drink driving matters

If it’s your first drink driving offence or you have been through the process before, our drink driving lawyers can meet with you and put your mind at rest. We will go through your situation and provide you with a legal pathway to get through things simply and intelligently, exploring every angle and ensuring you obtain the best outcome even when you're accused of a high range dui.

Our drink driving solicitors know how loosing your licence can have a devastating effect on your life, we understand that you might need it for work, for your children or family and for medical reasons. That’s why we’re constantly helping so many others in similar circumstances to get the best possible results right here in Perth.

Quick Enquiry

Private & confidential

Ask a question Book consultation

About Drink Driving

Don't go to court alone, it might cost you more in the long run.
Learn about drink driving laws then make a quick enquiry.

  • Our process
  • The law
1

FreePhone case assessment

Let’s talk about your situation confidentially. We will discuss the alleged drink driving offence in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.

2

Appointment with our drink driving lawyers

If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.

3

In depth consultation

At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.

4

Sound legal advice & pathway forward

Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result

Lawyers with drink driving experience

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

Drink Driving

Road Traffic Act 1974 (WA)

Section 392

“Excess 0.00 BAC (reading of up to less than 0.02 BAC) – applies to people on ‘P’ or ‘E’ plates or under licence disqualification”

“Excess 0.02 BAC (reading of 0.02 BAC up to less than 0.05 BAC) – applies to people on ‘P’ or ‘E’ plates or under licence disqualification”

“Excess 0.05 BAC (reading of 0.05 BAC up to less than 0.08 BAC)”

“Excess 0.08 BAC (reading of 0.08 BAC up to less than 0.15 BAC), and”

“Driving under the influence (reading of 0.15 BAC or more).”

Elements of the offence

  • ‘Drink driving’ - The term used to describe an offence of driving while having alcohol in your breath and blood.
  • ‘Person’ - Means an ordinary person, an individual.
  • ‘Drives’ - In relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle.
  • ‘Motor vehicle’ - Can be either ‘a vehicle that is built to be propelled by a motor that forms part of the vehicle’, such as a common car; or a self-propelled vehicle such as a trailer, a semi-trailer or caravan while attached to the vehicle.
  • ‘Blood alcohol content’ - Means the concentration of alcohol in a person’s blood, expressed in grams of alcohol per 100 ml of blood.

Excess of 0.00 grams BAC on 'P' or 'E' plates

For having a blood alcohol level in excess of 0.00 grams of alcohol per 100ml of blood, whilst disqualified, or on ‘P’ or ‘E’ plates, the Court can impose a fine of a minimum 3 PU ($150) but cannot exceed the maximum 6 PU ($300). There is no disqualification from driving for this offence, but demerit points do apply.

Excess of 0.02 grams BAC on 'P' or 'E' plates

For having a blood alcohol level in excess of 0.02 grams of alcohol per 100ml of blood, whilst disqualified, or on ‘P’ or ‘E’ plates, the Court can impose a fine of a minimum 3 PU ($150) but cannot exceed the maximum fine of 6 PU ($300); and the Court must impose and order that the offender be disqualified from holding or obtaining a driver’s licence for a period of not less than 3 months. If you have a provisional licence, it will be cancelled and you cannot obtain another licence for the period of the disqualification.

Excess of 0.05 grams BAC

Any person who drives with a blood alcohol level exceeding 0.05 grams of alcohol per 100ml of blood is liable to the following penalties where their blood alcohol level falls within the specified ranges:

  • Blood alcohol level in excess of 0.05 but less than 0.07
    • 1st offence – Maximum fine of $500.
    • 2nd offence – Minimum fine of $500, maximum fine of $1000; and minimum disqualification of 6 months.
    • Subsequent offending (includes previous offending for more prior excess charges) – Minimum fine of $500, maximum fine of $1000; and minimum disqualification of 8 months.
  • Blood alcohol level in excess of 0.07 but less than 0.08 –
    • 1st offence – Maximum fine of $500; and discretional disqualification.
    • 2nd offence – Minimum fine of $600, maximum fine of $1000; and minimum disqualification of 8 months.
    • Subsequent (includes previous offending for more prior excess charges) - Minimum fine of $600, maximum fine of $1000; and minimum disqualification of 10 months.
  • In addition, your provisional licence will be cancelled and you cannot obtain another licence for 3 months or the period of disqualification, whichever is later.

Excess of 0.08 BAC

Any person who drives with a blood alcohol level exceeding 0.08 grams of alcohol per 100ml of blood is liable to the following penalties where their blood alcohol level falls within the specified ranges:

Blood alcohol level in excess of 0.08 but less than 0.09

  • 1st offence – Minimum fine of $500, maximum fine of $1500; and minimum disqualification of 6 months.
  • 2nd offence – Minimum fine of $600, maximum fine of $1500; and minimum disqualification of 8 months.
  • Subsequent – Minimum fine of $600, maximum fine of $1500; and minimum disqualification of 10 months.

Blood alcohol level in excess of 0.09 but less than 0.11

  • 1st offence – Minimum fine of $550, maximum fine of $1500; and minimum disqualification of 7 months.
  • 2nd offence – Minimum fine of $900, maximum fine of $1500; and minimum disqualification of 10 months.
  • Subsequent – Minimum fine of $900, maximum fine of $1500; and minimum disqualification of 13 months.

Blood alcohol level in excess of 0.11 but less than 0.13

  • 1st offence – Minimum fine of $650, maximum fine of $1500; and minimum disqualification of 8 months.
  • 2nd offence – Minimum fine of $1200, maximum fine of $2000; and minimum disqualification of 14 months.
  • Subsequent – Minimum fine of $1200, maximum fine of $2000; and minimum disqualification of 17 months.

Blood alcohol level in excess of 0.13 but less than 0.15

  • 1st offence – Minimum fine of $750, maximum fine of $1500; and minimum disqualification of 9 months.
  • 2nd offence – Minimum fine of $1600, maximum fine of $2500; and minimum disqualification of 18 months.
  • Subsequent – Minimum fine of $1600, maximum fine of $3000; and minimum disqualification of 30 months.

Excess of 0.15 grams BAC

Any person who drives with a blood alcohol level exceeding 0.15 grams of alcohol per 100ml of blood is liable to the following penalties;

  • 1st offence – Minimum fine of $900, maximum fine of $2500; minimum disqualification for 10 months.
  • 2nd offence – Minimum fine of $2100, maximum fine of $3500; minimum disqualification for 30 months. Also, possible imprisonment for up to 9 months.
  • Subsequent – Minimum fine of $2100, maximum fine of $5000; disqualification for life. Also, possible imprisonment for up to 18 months.

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.

Lawyers with extensive drink driving experience

Meet with lawyers who have successfully defended many clients charged with drink driving.

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

Our process

Anyone facing up to criminal prosecution will undoubtedly feel confused about what’s happening and frightened about as-yet unknown possibilities, making straight-thinking very difficult. Thankfully getting a good criminal solicitor can quickly enable you to understand what’s happening by explaining all the details and options open to you in plain English. And then, even more importantly, begin putting a strong criminal defence case together to help you as much as possible.

1

FreePhone case assessment

Anyone facing up to criminal prosecution will undoubtedly feel confused possibilities, making straight-thinking very difficult. Thankfully getting a what’s happening by explaining all the details and options open to you a strong criminal defence case together to help you as much as possible.

2

Book appointment with a specialist lawyer

Anyone facing up to criminal prosecution will undoubtedly feel confused possibilities, making straight-thinking very difficult. Thankfully getting a what’s happening by explaining all the details and options open to you a strong criminal defence case together to help you as much as possible.

3

In depth consultation

Anyone facing up to criminal prosecution will undoubtedly feel confused possibilities, making straight-thinking very difficult. Thankfully getting a what’s happening by explaining all the details and options open to you a strong criminal defence case together to help you as much as possible.

4

Sound legal advice & pathway forward

Anyone facing up to criminal prosecution will undoubtedly feel confused possibilities, making straight-thinking very difficult. Thankfully getting a what’s happening by explaining all the details and options open to you a strong criminal defence case together to help you as much as possible.

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result

Lawyers with drink driving experience

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

The law

Anyone facing up to criminal prosecution will undoubtedly feel confused about what’s happening and frightened about as-yet unknown possibilities, making straight-thinking very difficult. Thankfully getting a good criminal solicitor can quickly enable you to understand what’s happening by explaining all the details and options open to you in plain English. And then, even more importantly, begin putting a strong criminal defence case together to help you as much as possible.

Drink driving

Road traffic act offence

Section 313: A person who unlawfully drink drivings another is guilty of an offence.

Section 222 of the Criminal Code defines drink driving.

“A person who strikes, touches, or moves, or otherwise applies force of any kind to the person of another, either directly or indirectly, without his consent or with consent obtained by fraud. Any bodily act or gesture attempts or threatens to apply force on that person and causing injury or personal discomfort on that person without consent or justification by law will amount to unlawful drink driving.”

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result

Lawyers with drink driving experience

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

Common Drink Driving Questions

You're sure to have lots of questions about drink driving.
Then you can get in touch with our drink driving team.

How can a drink driving lawyer help?

A drink driving lawyer may help by considering the circumstances in which you were charged and hence, whether you were indeed guilty of the offence.

The lawyer can also help you find out if you have been charged with the correct drink driving offence, because different limits apply to different classes of people.

If you need legal advice about your charge, your plea or about the penalty you are likely to get, a drink driving lawyer will also be able to help you in those respects as well.

Is it a good idea to plead guilty by post?

As part of the plea in mitigation, you may explain why you committed the offence and tell the court about your background and personal circumstances. You can also say something about the sentence that the court could impose. For example, if the court is considering a fine, it would be useful for it to know that you are not working and will have difficulty paying a fine.

In short, pleading guilty by post is not a good idea.

Can I pay a higher fine and not be disqualified from driving?

In many cases of drink driving, according to the Road Traffic Act, disqualification is mandatory and not within the court’s discretion. However, whether you will be disqualified or not is dependent on the facts and circumstances of each case, such as whether it is a first, second or subsequent offence; and your blood alcohol level. In most cases, I would suggest seeking the help of a drink driving lawyer to determine your liability to these penalties.

Will I go to prison for drink driving?

The possibility of going to prison only arises in the most severe cases of drink driving, that is, only when you are a repeat offender of Driving Under the Influence (having a BAC in excess of 0.15). Even then, imprisonment is not a mandatory sentence. In such cases, a lawyer may be able to advise you of the prospects of possible imprisonment.

Can I get an EDL to keep driving when disqualified?

Whether you can obtain an EDL to keep driving when disqualified would depend on the exact circumstances of your case. You cannot apply for an EDL until the period of disqualification imposed by a roadside disqualification notice has ended. You may then have to wait additional waiting periods depending on the nature of your offending and any previous offending.

Get the help of a drink driving lawyer to look at your circumstances thoroughly in order to increase the likelihood of convincing the Court that you need an EDL.

What happens if I drive when I’m disqualified?

It is a serious offence to drive while your licence is under court ordered disqualification or under cancellation.

If you are convicted of this offence, the consequences are that:

  • you will be disqualified from driving for at least 9 months on top of any current disqualification;
  • you will be fined;
  • you may be sent to prison.

You should seek legal advice if you are charged with driving whilst disqualified.

The other consequence of driving while you are disqualified or under cancellation is that you have no third party (personal) insurance, because this attaches to your driver’s licence. If you do not have third party insurance and you injure someone or cause damage to someone else’s property while driving, you are completely responsible for the costs associated with the injury or property damage.

Our Lawyer’s Results

Get the best possible outcome with our team.
Some recent outcomes are below.

Minimum Penalties – Perth Man

Perth Man walks away with minimum penalties for drink driving offence. A man charged with Driving whilst under the influence of alcohol (in excess of 0.15) walks away with a minimal fine and disqualification from driving.

Repeat Offender Avoids Jail – Perth Man

Midland Man gets the benefit of a further suspended sentence for Driving without Authority. A Midland Man who has come before the Court for No Authority to Drive on numerous occasions, walked away with a further suspended sentence after previously having been granted the benefit of the order by the Court for prior offending.

Charges Downgraded – Perth Man

Young Man charged with Reckless Driving under Hoon legislation has charges downgraded to Careless Driving. The result means the driver no longer faces a period of disqualification of his licence for the offence and his vehicle won’t be crushed.

  • Request call back
  • Book a consultation
  • Urgent matters

Request call back

Book a consultation

Urgent matters

Sitemap Terms Privacy