In WA, a blood alcohol concentration (BAC) of 0.05% or higher is illegal. Various research shows a BAC of 0.05% doubles the risk of being involved in a traffic crash when compared to a person who has not been drinking at all. Police have the power to stop any driver and conduct alcohol and drug-related tests.
In Western Australia, Police do have the power to stop any driver and conduct alcohol and drug-related tests.
Additionally, it is illegal to have a BAC higher than 0.00% if:
- You are a novice driver
- You are disqualified for specific alcohol or drug-related offences.
- You hold an Extraordinary License
- There is an Order from the Court that you must have a BAC 0.00 reading.
- You are a driver of a:
- Bus (equipped to seat more than 12 adults, including the driver).
- Vehicle carrying passengers for hire such as a taxi, small charter vehicle, Uber, etc
- Vehicle transporting dangerous goods.
- Vehicle of or over 22.5t GCM
If the BAC reading is more than 0.15, or above, the Police may rely on the conduct of the driver to prove that the driver is ‘incapable of maneuvering the motor vehicle’ There are several signs you are driving while impaired. These include:
- Swerving
- Tailgating
- Breaking excessively
- Driving too close to the centre line
- Breaking traffic laws such as running red lights, exceeding speed limits, or driving recklessly
What is Drug Driving?
According to Section 64AC of the Road Traffic Act 1974, it is an offence for a person to attempt to operate or drive a motor vehicle while having an illicit drug present in their oral fluid or blood. This applies to legally obtained over-the-counter drugs or prescription drugs. Many of these medications can impair the ability to stay alert, concentrate, or have the necessary motor skills to operate the vehicle safely.
What Actions Can Cause Someone to Be Guilty of Drug Driving?
A person is guilty of drug driving if they are operating a motor vehicle under the influence of prescribed or non-prescription illicit drugs. The signs of drug driving are essentially the same as those associated with drink driving.
Penalties for Drink and Drug Driving in WA
Western Australia considers a few factors when sentencing drink and drug drivers. Notably, the level of the substance found by screening and how often this behaviour occurs.
Court Penalties for Drink Driving Offences (WA) for BAC ≥ 0.05 but < 0.15
| Court Penalty | BAC ≥ 0.05 but < 0.07 | BAC ≥ 0.07 but < 0.08 | BAC ≥ 0.08 but < 0.09 | BAC ≥ 0.09 but < 0.11 | BAC ≥ 0.11 but < 0.13 | BAC ≥ 0.13 but < 0.15 |
|---|---|---|---|---|---|---|
| First Offence | $1,250 (max)
(license disqualification at Court’s discretion) |
$1,250 (max)
(license disqualification at Court’s discretion) |
$750-$2,250
and 6 months disqualification (min) |
$850-$2,250
and 7 months disqualification (min) |
$1,000-$2,250
and 8 months disqualification (min) |
$1,150-$2,250
and 9 months disqualification (min) |
| Second Offence | $1,250-$2,000
and 6 months disqualification (min) |
$1,500-$2,000
and 8 months disqualification (min) |
$1,600-$2,250
and 8 months disqualification (min) |
$1,700-$2,250
and 10 months disqualification (min) |
$1,800-$3,000
and 14 months disqualification (min) |
$2,400-$3,750
and 18 months disqualification (min) |
| Subsequent Offence | $1,250-$2,000
and 8 months disqualification (min) |
$1,500-$2,000
and 10 months disqualification (min) |
$1,600-$2,250
and 10 months disqualification (min) |
$1,700-$2,250
and 13 months disqualification (min) |
$1,800-$3,000
and 17 months disqualification (min) |
$2,400-$4,500
and 30 months disqualification (min) |
Court Penalties for Drink Driving Offences (WA) with for BAC ≥ 0.15
| BAC ≥ 0.15 | Court Penalty |
|---|---|
| First Offence (no relevant prior convictions) | $1,700-$3,750
and 10 months disqualification (min) |
| First Offence (previously convicted of a drink driving offence involving ≥ 0.08 BAC) | $2,400-$3,750
and 18 months disqualification (min) |
| First Offence (previously convicted of a polydrug driving offence involving ≥ 0.08 BAC) | $2,700-$3,750
and 10 months disqualification (min) |
| Second Offence | $3,150-$5,250*
and 30 months disqualification (min) |
| Subsequent Offence (3 strike) | $3,150-$7,500**
and disqualification for life ONLY if there were 3 or more driving under the influence. |
*Alternative to fine for a second offence is 9 months imprisonment (however disqualification is mandatory)
**Alternative to fine for third and subsequent offences is 18 months imprisonment (however disqualification is mandatory)
Court Penalties for First, Second and Subsequent Drug Driving Offences (WA)
| Court Penalty | Driving with Specified Drugs in Oral Fluid | Drug Impaired Driving |
|---|---|---|
| First Offence | $1,250 (max)
and There may be demerit points reduction |
$1,700-$3,750
and 10 months disqualification (min) |
| Second | $1,250-$2,000
and 6 months disqualification (min) |
$3,150-$5,250*
and 30 months disqualification (min) |
| Subsequent Offence | $1,250-$2,000
and 6 months disqualification (min) Please note that the fine will be an increment from the second offence. |
$3,150-$7,500**
and disqualification for life |
*Alternative to fine for a second offence is 9 months imprisonment (Disqualification is mandatory)
**Alternative to fine for third and subsequent offences is 18 months imprisonment (Disqualification is mandatory)
Court Penalties for Drink AND Drug Driving Offences (WA) for Illicit Drug and BAC ≥ 0.05 but < 0.15
| Court Penalty | Illicit drug and BAC ≥ 0.05 but < 0.07 | Illicit drug and BAC ≥ 0.07 but < 0.08 | Illicit drug and BAC ≥ 0.08 but < 0.09 | Illicit drug and BAC ≥ 0.09 but < 0.11 | Illicit drug and BAC ≥ 0.11 but < 0.13 | Illicit drug and BAC ≥ 0.13 but < 0.15 |
|---|---|---|---|---|---|---|
| First Offence | For 0.05 to 0.07, the first offence is a fine of $1900. Disqualification of 3 months | $1,900 (max)
and 3 months disqualification (min) |
$1,150-$3,400
and 9 months disqualification (min) |
$1,300-$3,400
and 11 months disqualification (min) |
$1,500-$3,400
and 12 months disqualification (min) |
$1,750-$3,400
and 14 months disqualification (min) |
| Second Offence | $1,900-$3,000
and 9 months disqualification (min) |
$2,250-$3,000
and 12 months disqualification (min) |
$2,400-$3,400
and 12 months disqualification (min) |
$2,550-$3,400
and 15 months disqualification (min) |
$2,700-$4,500
and 21 months disqualification (min) |
$3,600-$5,650
and 27 months disqualification (min) |
| Subsequent Offence | $1,900-$3,000
and 12 months disqualification (min) |
$2,250-$3,000
and 15 months disqualification (min) |
$2,400-$3,400
and 15 months disqualification (min) |
$2,550-$3,400
and 20 months disqualification (min) |
$2,700-$4,500
and 26 months disqualification (min) |
$3,600-$6,750
and 42 months disqualification (min) |
And the following offences count as a prior:
- Driving Under Influence, under section 63 of the same Act counts as a prior;
- Excess 0.08, under section 64 of the same Act counts as a prior;
- Driving with a blood alcohol content of or above 0.05, with a prescribed illicit drug in oral fluid or blood counts as a prior, under section 64B;
- Failing to provide a sample of breath for analysis, or allow a sample of breath to be taken or to accompany a police officer to do so under section 67 of the same Act, counts as a prior;
- Failing to comply with drug test requirements for persons with a blood alcohol content of or above 0.05, under section 67AD, counts as a prior.
FAQs
- Do I have to give a sample of my breath or blood if the police ask me?
The Road Traffic Act of 1974 gives police officers the right to require breath, saliva, or blood samples. Failure to comply with the request (unless the police waited four or more hours to make the request) is a fine and a minimum disqualification of three months for a first offence. Penalties increase for further refusals.
- What factors impact my BAC?
Various issues aside from what and how much you consume help determine your BAC. These include,
-
- The period over which alcohol was consumed
- Your body mass
- Whether or not you had anything to eat
- Your fitness level
- The health of your liver.
- Can medications prescribed by my doctor affect my driving?
Yes, even drugs that are legal and for documented medical conditions can impair your ability to operate a motor vehicle safely. While many people know that driving is discouraged when taking medication for pain, there are drugs used to treat numerous medical conditions that can impair driving. According to the Pharmaceutical Association of Australia, medical issues include,
- allergies
- coughs and colds
- diabetes
- epilepsy
- eye conditions
- headaches and migraine
- heart conditions
- high blood pressure
- mental illness
- nausea and vomiting
- nervous system diseases
- some infections
- travel sickness
These medications come with warning labels such as “this medicine may cause drowsiness, increase the effects of alcohol, or affect mental alertness. Do not drive a motor vehicle or operate machinery while taking this medication.”
- Do Western Australia’s drink and drug driving laws apply to anyone besides the driver of a car on WA roads?
According to the Western Australia Road Safety Commission, these laws apply to anyone driving or riding on roads, paths, carparks, or any other publicly accessible.
According to section 4 of the Road Traffic (Administration) Act of 2008, the definition of motor vehicles includes agricultural vehicles, motorcycles, scooters, mobilized wheelchairs, or mobility scooters.
- Do I need a lawyer for a drink and drug driving charge?
If you are charged with drink and drug driving in Western Australia, it is in your best interest to seek legal counsel. You need to be aware of your rights. This can be difficult in such a stressful situation. Remember, any information you offer to police officers after you are charged can be used against you during a trial. Having an experienced defence lawyer on your side can keep you from making costly mistakes in what you say or how you behave.
WN Legal’s skilled drink and drug driving lawyers and traffic lawyers understand the stipulations associated with searches and confiscating your belongings. We know how to conduct correct communication with police and officers of the court. Additionally, we will work to get the best possible outcome for your case.
Feel free to reach out to us for assistance and advice regarding drink and drug driving or other offences. Our expert defenders offer free 30-minute consultations to get to know you and your case. You can feel confident that we will look out for you, ensure fair treatment, and protect your rights.
**Please Note**
The material presented in this post is for informational use only. It does not constitute binding legal advice and should not be a replacement for a consultation with a legal professional
