Perth Criminal & Traffic Lawyers - Assurance Legal

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Drink Driving

Is Your Driver's Licence Essential to Your Daily Life?

Your driver's licence is more than just a card - it's your key to independence. Without it, everyday tasks become major challenges, from getting to work and managing family commitments to handling basic transportation needs. When facing a drink driving charge in Perth, understanding these impacts makes it crucial to seek professional legal guidance early in the process.

For Blood Alcohol Content (BAC) readings above 0.08, you're facing potentially lengthy licence disqualification periods, with penalties increasing significantly if you have prior convictions. Don't risk your mobility and independence. Our experienced team will help you understand your options and work towards the best possible outcome for your situation.

Drink Driving

WA Drink Driving Outcome Calculator

Calculate your likely drink driving penalties and understand your options with our Perth & WA specific drink driving assessment tool.

Driving Under the Influence of Alcohol

(Road Traffic Act s 63)

  • Driving with a BAC of or above 0.15
  • Where a person is driving while under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the vehicle.
  • The potential range for your sentencing will vary depending on:
    • The Blood Alcohol Concentration (BAC) in your body
    • Whether you have any prior offences under this section
    • Whether you were unlicensed, suspended, or disqualified at the time
    • The manner of your driving
  • Other ranges of drink-driving offences:
    • Driving with a BAC of or above 0.08 (Road Traffic Act s 64)
    • Driving with a BAC of or above 0.05 (Road Traffic Act s 64AA)
    • Driving with a BAC of or above 0.02 (Road Traffic Act s 64A)
    • Certain persons driving with any BAC (Road Traffic Act s 64AAA)
  • It is also an offence to refuse to give a sample to Police

To discuss your options, contact our office today. At Assurance Legal, we have achieved the best possible outcomes for our clients who have been charged with drink driving offences.

What Happens After a Drink Driving Charge in Western Australia?

If you're caught drink driving in WA, several legal processes are triggered. Here's what you can expect:

Infringement Notice

For first-time offenders with a BAC between 0.05 – 0.079, you may receive an infringement notice with the applicable fine and demerit points.

On-the-Spot Suspension

With a BAC of 0.08 or higher, police can immediately suspend your licence for 2 months at the roadside.

Court Summons

First offences with a BAC of 0.08 or higher result in a court summons. This document details your charges and tells you when and where to appear in court.

Attending Court

You must appear in court on the specified date to enter your plea (guilty or not guilty). Having legal representation is strongly recommended to help navigate this process.

Penalties Upon Conviction

If convicted, you may face:

  • Monetary fines
  • Licence disqualification
  • Possible imprisonment (in serious cases)

The exact penalties depend on your BAC level, previous offences, and specific circumstances.

Extraordinary Licence Applications

If your licence is disqualified, you might be eligible to apply for an extraordinary licence. This special permit allows driving under specific conditions (like work or medical appointments) if you can prove genuine need.

Criminal Record Impact

A drink driving conviction appears on your criminal record, potentially affecting employment opportunities and travel. However, you may be eligible to apply for a spent conviction, which can prevent the conviction from appearing on standard background checks in most situations.

Common Drink Driving Questions

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