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Drink & drug driving

 

Drink and drug driving penalties

Tough penalties apply for any driver or rider caught driving with both drugs and an illegal level of alcohol in their system. Motorists who refuse to provide samples for drug and alcohol testing will be hit with the highest penalty for the relevant substance impaired driving offences (drink driving, drug driving, or drink and drug driving)

Prescribed illicit drug and BACPenalty Type1st Offence2nd OffenceSubsequent Offence
≥ 0.05 but < 0.07Minimum-$1,900$1,900
Maximum$1,900$3,000$3,000
Disqualification3 months minimum9 months minimum12 months minimum
≥ 0.07 but < 0.08Minimum-$2,250$2,250
Maximum$1,900$3,000$3,000
Disqualification3 months minimum12 months minimum15 months minimum
≥ 0.08 but < 0.09Minimum$1,150$2,400$2,400
Maximum$3,400$3,400$3,400
Disqualification9 months minimum12 months minimum15 months minimum
≥ 0.09 but < 0.11Minimum$1,300$2,550$2,550
Maximum$3,400$3,400$3,400
Disqualification11 months minimum15 months minimum20 months minimum
≥ 0.11 but < 0.13Minimum$1,500$2,700$2,700
Maximum$3,400$4,500$4,500
Disqualification12 months minimum21 months minimum26 months minimum
≥ 0.11 but < 0.13Minimum$1,750$3,600$3,600
Maximum$3,400$5,650$6,750
Disqualification14 months minimum27 months minimum42 months minimum
≥ 0.15Minimum$3,600 if previously convicted of a polydrug offence involving ≥ 0.08 BAC
$2,400 if previously convicted of a drink driving offence involving ≥ 0.08 BAC
$2,050 if no relevant prior convictions
$4,750$4,750
Maximum$5,650$7,900$11,250
Minimum disqualification27 months if previously convicted of a polydrug offence involving ≥ 0.08 BAC
18 months if previously convicted of a drink driving offence involving ≥ 0.08 BAC
15 months minimum if no relevant prior convictions
27 months minimum42 months minimum
Imprisonment-9 months18 months
 

Drug driving prohibition notices

WA Police Force will issue drivers who test positive for specified drugs (Cannabis, Ecstasy or Meth) or refuse a roadside drug test with a prohibition notice which bans them from driving for 24 hours.

Breaching the prohibition notice is an offence. Police may issue an infringement notice with a penalty of $600.

Drug driving penalties

Police have the power to stop drivers suspected of driving while impaired by any drug.

Those found with specified drugs (Cannabis, Ecstasy or Meth) in their oral fluid can be charged with the offence of Driving with Specified Drugs in Oral Fluid.

Table 1: Drug driving penalties
OffencesCourt Penalty
 MinimumMaximumDemerits OR Licence Disqualification
First Offence-$1,2503 demerits
Second OR Subsequent Offence$1,250$2,0006 months minimum disqualification

The more serious offence of Drug Impaired Driving under the Influence of Drugs applies to drivers found to be so impaired by either prescription or illicit drugs that they are not capable of proper control of a vehicle.

This applies where police have evidence of suspicious or erratic driving behaviour and where that suspicion is confirmed following a driver assessment and/or blood tests.

Table 2: Driving under the influence of drugs penalties
OffencesCourt Penalty
 MinimumMaximumLicence Disqualification
First Offence$1,700$3,75010 months minimum
Second Offence$3,150$5,250 
OR 
9 months imprisonment
30 months minimum
Subsequent Offence$3,150$7,500 
OR 
18 months imprisonment
Life

 

Drink driving penalties

If you are caught driving with a Blood Alcohol Content (BAC) equal to or above 0.05 and less than 0.08, you may either be infringed or required to appear in court. The following table shows the penalties that will apply for a first offence of driving with a BAC of ≥ 0.05 but < 0.08.

Table 3: Drink driving penalties

BACInfringementMax Court PenaltyDemerits
≥ 0.05 but < 0.06$1,000$1,2503
≥ 0.06 but < 0.07$1,000$1,2504
≥ 0.07 but < 0.08$1,000$1,2505

The following table shows the court penalties for drink driving offences. The penalties in these tables represent drivers who held a full licence at the time of the offence.

Table 4: Court penalties for drink driving offences

BACPenalty Type1st Offence2nd OffenceSubsequent Offence
≥ 0.05 but < 0.07MinimumPlease check more about drink driving penalties in table 3$1,200$1,250
Maximum$2,000$2,000
Disqualification6 months8 months
≥ 0.07 but < 0.08MinimumPlease check more about drink driving penalties in table 3$1,500$1,500
Maximum$2,000$2,000
Disqualification8 months10 months
≥ 0.08 but < 0.09Minimum$750$1,600$1,600
Maximum$2,250$2,250$2,250
Disqualification6 months8 months10 months
≥ 0.09 but < 0.11Minimum$850$1,700$1,700
Maximum$2,250$2,250$2,250
Disqualification7 months10 months13 months
≥ 0.11 but < 0.13Minimum$1,000$1,800$1,800
Maximum$2,250$3,000$3,000
Disqualification8 months14 months17 months
≥ 0.13 but < 0.15Minimum$1,150$2,400$2,400
Maximum$2,250$3,750$4,500
Disqualification9 months18 months30 months
≥ 0.15MinimumSee Table 5See Table 5See Table 5

The following table shows the court penalties from 1 July for drink driving with ≥ 0.15 BAC.

Table 5: New court penalties for drink driving ≥ 0.15 BAC

BACPenalty Type1st Offence2nd OffenceSubsequent Offence
≥ 0.15
Minimum$2,400 if previously convicted of a drink driving involving ≥ 0.08 BAC
$2,700 if previously convicted of a polydrug offence involving ≥ 0.08 BAC
$1,700 otherwise
$3,150$3,150
Maximum$3,750$5,250*$7500**
Disqualification18 months if previously convicted of a drink driving offence involving ≥ 0.08 BAC

27 months if previously convicted of a polydrug driving offence involving ≥ 0.08 BAC


10 months otherwise

30 monthsLife
*Alternative to max fine for second offence is 9 months imprisonment
**Alternative to fine for third and subsequent offences is 18 months imprisonment

Drink driving penalties for zero BAC

A zero BAC applies to the following groups of drivers:

  • Novice Drivers
  • Holders of Extraordinary licences
  • Recently Disqualified Drivers
  • Drivers of:
    • vehicles exceeding 22.5 tonne GCM
    • vehicles carrying dangerous goods (when such goods are being carried)
    • buses (while carrying passengers where the vehicle is equipped to carry more than 12 adults including the driver)
    • small charter vehicles (when carrying passengers for hire or reward)
    • taxis (when carrying passengers for hire or reward)

The following table shows the penalties for a person subject to a zero BAC.


The information available on our website provides a simple interpretation of the law and is not intended to constitute legal advice.
Full details of traffic offences and penalties related to drink and drug driving are contained in the Road Traffic Act 1974.