A drink driving charge in Western Australia moves fast. If your blood alcohol content (BAC) was at or above 0.08, or you have been charged with DUI, which in WA applies at BAC above 0.15, your licence may have been suspended on the spot. Weeks later, a court date arrives. Many people make critical mistakes in this window, either by trying to handle it alone or doing nothing until the last moment. Getting advice from a DUI lawyer in Perth shortly after your charge gives you the best chance of limiting the consequences.
How WA Drink Driving Law Works
Drink driving offences in Western Australia are governed by the Road Traffic Act 1974 (WA). The charge you receive depends on your BAC at the time of the offence. Different BAC levels attract different charges and different penalties.
WA law sets the following general limits:
- Zero BAC: Learner drivers and P-plate drivers must have no alcohol in their system at all.
- 0.02 BAC: Some drivers, including those subject to alcohol interlock conditions, face a lower limit.
- 0.05 BAC: The limit for most fully licensed drivers.
Exceeding these limits puts you in one of three charge categories, each with its own consequences.
The Three Main Drink Driving Charges in WA
BAC Between 0.05 and 0.079 (First Offence)
For a first offence at this BAC range, you may receive an infringement notice rather than a court summons. Paying the infringement avoids a court appearance but still results in a conviction on your record. For a second or subsequent offence at this level, you must appear in court and can face a fine of up to $2,000, a minimum six-month licence disqualification, and possible participation in the Alcohol Interlock Scheme.
BAC of 0.08 or Above
At this level and above, you will receive a court summons. Your licence is typically suspended immediately at the roadside by police. This suspension continues until your matter is resolved in the Magistrates Court. Penalties for this range include fines and a minimum disqualification period, which increases with higher BAC readings and prior offences. The minimum fines and minimum disqualification periods are set by law, but courts can and do impose more than the minimum in aggravated circumstances.
DUI (BAC 0.15 or Above)
DUI is the most serious drink driving charge in WA. At this level, penalties are substantially higher. First offenders face significant fines and longer licence disqualification. Second and subsequent offenders face a real risk of imprisonment. All DUI convictions trigger mandatory participation in WA’s Alcohol Interlock Scheme before the person can drive again.
What Is the Alcohol Interlock Scheme?
The WA Alcohol Interlock Scheme requires certain drink driving offenders to install a breath-testing device in their vehicle before they can resume driving after their disqualification period. The device prevents the car from starting if it detects any measurable alcohol in the driver’s breath.
Participation in the scheme is mandatory for:
- Drivers convicted of BAC 0.15 or above
- Second-time drink driving offenders of any kind within a five-year period
- Drivers who refused to provide a breath sample to police
- Drivers convicted of dangerous driving while under the influence of alcohol
The scheme is administered by the Department of Transport. The cost of device installation and monthly rental is borne by the offender. Completing the required interlock period is a condition of regaining a regular driver’s licence.
What a DUI Lawyer Does for You
A DUI lawyer in Perth does far more than show up at the Magistrates Court on the day of your hearing. Their value lies almost entirely in the preparation that happens beforehand.
Reviewing the charge. A lawyer checks whether the breath or blood test was conducted in accordance with WA Police procedures. Errors in procedure can affect the admissibility of the BAC reading as evidence.
Preparing your sentencing case. If a conviction is likely, how your case is presented in court significantly affects the penalty you receive. A lawyer builds a mitigation case drawing on your employment situation, personal circumstances, any alcohol counselling you have undertaken since the incident, your driving history, and your character.
Applying for a spent conviction. In appropriate circumstances, you can apply under section 39 of the Sentencing Act 1995 (WA) to have a conviction spent at the time of sentencing. If granted, the conviction does not appear on your criminal record for most purposes. This is not available in every case, but a lawyer advises whether it is worth pursuing and how to present the application most effectively.
Extraordinary licence applications. If you depend on your licence for work or to access medical treatment, a lawyer can prepare and present an application for an extraordinary licence to allow limited driving during your disqualification period.
Immediate Steps After a Drink Driving Charge
The period between being charged and your court date matters enormously. Here is what to do.
- Do not ignore the summons. Failing to appear in court is a separate offence and results in a warrant for your arrest.
- Confirm your licence status. If your licence was suspended at the roadside, you are not permitted to drive during the suspension period. Driving while suspended is a separate and serious charge.
- Contact a lawyer promptly. The earlier you get advice, the more preparation time is available before the court date.
- Gather relevant documents. Employment letters, payslips, medical documents, and character references support a mitigation case and can affect the penalty imposed.
- Consider engaging with an alcohol counselling or education programme. Voluntarily participating in a programme before your court date demonstrates responsibility and can positively affect how the magistrate views your case.
A Note on Penalties
Penalties in WA depend on the BAC level, the type of licence held, and whether this is a first or repeat offence. The minimum disqualification periods set by law are exactly that, minimums. Courts impose longer periods for higher readings, repeat offenders, or where there are aggravating circumstances such as an accident, a passenger in the vehicle, or a particularly high reading. A DUI lawyer in Perth helps you present your case in a way that aims for the lower end of the available range while being honest with the court about the circumstances.