Drink driving in WA: fines, licence bans and your next step
Start with the exact reading, alleged offence and documents police gave you. The tables below separate an infringement from a court penalty, and explain the checks needed before driving again or seeking an extraordinary licence.
Key points
- A first ordinary 0.05 to below 0.08 offence may attract a $1,000 infringement and demerit points. If dealt with in court, its ordinary first-offence provision allows up to $1,250 and a discretionary ban; it does not impose a universal six-month minimum.
- For first ordinary offences from 0.08 to below 0.15, minimum court bans rise through six, seven, eight and nine months. Use the exact BAC bands and scoped court table; special driver categories and relevant priors change the analysis.
- An immediate police disqualification notice normally lasts two months from receipt unless revoked earlier. It is separate from a later court ban. Check every current licence restriction before driving.
- Interlock participants must have zero BAC. The device’s 0.02 lockout setting is not permission to drive with alcohol in your system.
- WA has an extraordinary driver’s licence pathway, but eligibility, waiting periods and proof matter. It cannot authorise driving during an immediate police disqualification notice.
- Use the charge and evidence checklist to prepare for advice. Legal Hotline’s $295 including GST arrangement fee includes an initial one-hour lawyer consultation; later work is separate.
In Western Australia, as checked on 23 October 2026, a first ordinary drink-driving offence at 0.05 to below 0.08 BAC may be dealt with by a $1,000 infringement under regulation 23 of the Road Traffic (Administration) Regulations 2014; if prosecuted in court, section 64AA of the Road Traffic Act 1974 instead allows a fine up to $1,250 and discretionary disqualification, subject to separate licensing consequences.
Checked on 23 October 2026: the current WA Road Traffic, Administration, Authorisation to Drive and Sentencing legislation, Road Safety Commission guidance, Transport information and Legal Aid WA services. Sources and limits of this check.
What did police give you, and which BAC rule applies?
An infringement, prosecution papers, an immediate disqualification notice and a court order are different documents. Check the alleged section, reading, incident and test times, service date, court date and current licence status. Do not assume that being charged always means an immediate ban was issued.
For most unrestricted drivers, the excess-alcohol threshold is at or above 0.05 grams per 100 mL of blood. The zero-BAC provisions cover novices, extraordinary-licence holders, prescribed alcohol offenders and other specified driver or vehicle categories. A full licence alone does not establish which threshold applies.
Specified vehicle rules include vehicles equipped for more than 12 adults including the driver while carrying passengers; passenger transport for hire or reward; gross combination mass of 22.5 tonnes or more; and prescribed dangerous-goods vehicles while carrying those goods. Statutory exceptions and precise definitions matter.
Learner/provisional drivers and other zero-BAC categories need a separate assessment. The ordinary full-licence penalty table below does not include every cancellation, demerit or special-licence consequence.
First-offence drink-driving penalties in WA
These are statutory amounts, not predictions of a sentence. The Road Traffic Act and Administration Act control. The table concerns ordinary adult, full-licence, alcohol-only offences with no relevant prior-offence category. It excludes novice/other special licensing consequences, mixed drug/alcohol offences, dangerous driving and injury charges.
At 0.05 to below 0.08, an infringement may be issued instead of a court prosecution: $1,000 and three points at 0.05 to below 0.06, four at 0.06 to below 0.07, or five at 0.07 to below 0.08. An infringement is not guaranteed, and accumulated points can have separate licence consequences.
Scroll the tables sideways to compare all columns.
| BAC / offence | Court fine | Disqualification |
|---|---|---|
| 0.05 to below 0.08 — section 64AA | Up to $1,250 | Discretionary under this ordinary first-offence provision. |
| 0.08 to below 0.09 — section 64 | From $750 to $2,250 | At least 6 months. |
| 0.09 to below 0.11 — section 64 | From $850 to $2,250 | At least 7 months. |
| 0.11 to below 0.13 — section 64 | From $1,000 to $2,250 | At least 8 months. |
| 0.13 to below 0.15 — section 64 | From $1,150 to $2,250 | At least 9 months. |
| Alcohol incapacity under section 63; deemed at 0.15 or more | From $1,700 to $3,750 in the ordinary first case with no relevant priors. | At least 10 months in that ordinary first case. |
Actual alcohol incapacity under section 63 can be established below 0.15. A first DUI charge can still carry different penalties because of earlier excess-BAC or other relevant convictions. Repeat offences may expose a person to imprisonment or permanent disqualification. Check the statutory cross-references and full record: the penalty calculation excludes convictions recorded more than 20 years before the current offence was committed; the interlock scheme has a different five-year test. Court costs may be additional. Mitigation cannot simply remove statutory minimum fines or bans; credit for a related immediate-notice period is a separate rule.
Immediate disqualification: when does it start and finish?
Road Traffic Act sections 71C–71D permit a personally served notice for specified suspected offences, including relevant analysis at or above 0.08 and specified refusals. It operates from receipt for two months unless revoked earlier. The notice is not automatically extended until the criminal case finishes.
Do not drive while the notice is effective. Its expiry or revocation does not remove a separate court ban, suspension, cancellation, licence expiry or licence condition. Confirm your current status before driving again.
Scroll the tables sideways to compare all columns.
| Event | Current rule and practical check |
|---|---|
| Service of the notice | Section 71C has a ten-day service rule, with a later blood-analysis timing provision and specified refusal rules. Keep the notice and the date you received it. |
| No relevant charge after notice | Section 71E requires police revocation if no relevant charge is laid within one month after the notice is given. Do not treat this as permission to resume driving on your own calculation; obtain confirmation. |
| Exceptional-circumstances court application | Section 71F allows a court revocation direction in exceptional circumstances. The application must be served on the Commissioner at least 14 days before the hearing. |
| Later sentence | Section 71H requires the court to take account of the related notice period when imposing disqualification. Bring the notice and any revocation evidence. |
The service deadline and no-charge revocation deadline are different. Current section 71E is used here where a Transport summary differs. Discontinuance, faulty analysis equipment and acquittal/dismissal also engage the statutory revocation rules; get advice on the actual documents and status.
Refusing a test or challenging the evidence
Preliminary roadside testing and evidential breath analysis or blood requirements are legally different. Road Traffic Act sections 67 and 67A contain different refusal offences and penalties. A request for a lawyer is not a general permission to refuse or delay a lawful testing requirement.
A lawyer can examine the alleged requirement, analysis statement, chronology, medical evidence, applicable procedure and prosecution brief. The legislation includes evidentiary certificates and presumptions; a difference between readings or an asserted equipment problem does not automatically defeat a charge.
Statutory defences require the actual facts and legal tests. A substantial reason must be more than avoiding potentially incriminating information, and section 67A has a qualified later-compliance defence. Do not assume that medical difficulty automatically excuses non-compliance or that you can choose any test you prefer.
Use the court and attendance details on your papers. Ordinary adult summary cases are generally heard in the Magistrates Court; children and serious related charges need separate assessment. Obtain advice before deciding a plea where the evidence or consequences are unclear. An adjournment is a court decision, not a promised delay.
Can you get an extraordinary licence to drive for work?
WA’s extraordinary licence provisions may permit restricted driving during an eligible court disqualification. Needing a car for work is not enough by itself. The court considers the statutory ground and matters including public safety, character, the offence and conduct since disqualification.
Scroll the tables sideways to compare all columns.
| Check | Why it matters |
|---|---|
| What caused the disqualification? | Immediate police notices, demerit disqualifications and fines-enforcement disqualifications are excluded from this pathway. |
| Has the correct waiting period passed? | Section 28 uses different waits: specified cases require 4, 3 or 2 months; the otherwise-applicable wait is 21 days. Relevant history, related immediate-notice credit and imprisonment affect the calculation. |
| Which statutory hardship ground can you prove? | The grounds concern urgent medical treatment for a known illness, disease or disability of you or a family member; undue financial burden from loss of the principal means of income; or lack of another practicable way to travel to employment. Evidence must address the applicable test. |
| What evidence and actual licence are required? | Prepare the application/affidavit and supporting work, financial, medical and transport evidence. A court order must be followed by issue of the actual licence and compliance with all conditions, including any interlock requirement. |
Read the Magistrates Court application instructions for the appropriate process and current fees. Do not drive merely because you have applied or obtained a court order. Confirm the licence has been issued and what driving it permits.
Will an alcohol interlock apply, and for how long?
The current Authorisation to Drive Regulations define qualifying offences and alcohol-offender status. Relevant categories include alcohol incapacity, specified alcohol-related dangerous driving, section 67(2) refusal and specified excess-BAC/mixed offences with qualifying prior convictions within five years preceding the current conviction. Not every first 0.08 to below 0.15 offence or preliminary-test refusal qualifies.
An alcohol offender granted a licence ordinarily receives condition I, subject to the statutory exemption provisions. Zero BAC applies: the interlock device’s 0.02 threshold is not a lawful drinking allowance.
Exit is performance based. Regulation 69Q requires at least 180 continuous days of restricted driving, compliance with required assessment/treatment and ordinarily the end of every disqualification. A permanently disqualified driver also needs the specified aggregate three years of restricted driving. Restarts or extensions can apply; installation does not guarantee exit exactly six months later.
Ask an accredited provider for installation, rental, servicing and removal charges, and Transport about licensing charges. Eligible concessions and approved medical or distance exemptions may apply; an exemption from the device condition does not itself erase zero-BAC obligations. See the official interlock guide and provider information.
Can the court make a spent conviction order?
Sentencing Act sections 39 and 45 can allow an immediate spent conviction order at sentencing with eligible sentencing options. The court must consider reoffending unlikely and immediate relief appropriate, having regard to the offence’s triviality or previous good character. Additional restrictions can apply; a prior conviction is not an automatic statutory bar.
A spent order does not remove the fine, licence consequences or duties under the sentence. It is not an acquittal or erasure of every record, and disclosure exceptions remain. This differs from applying to spend an old conviction after a waiting period. Read Legal Aid WA’s explanation and ask about your circumstances before assuming an employment, registration or travel outcome.
What should you bring to a drink-driving consultation?
A useful first consultation starts with the charge, licence status and dates. Bring what you have promptly; do not miss a court or notice deadline while waiting for a perfect file.
Scroll the tables sideways to compare all columns.
| Issue to resolve | Records to bring |
|---|---|
| Which offence, reading and penalty category? | All infringement/prosecution papers, alleged sections, analysis statement, reading, incident/test times and full relevant conviction history with dates. |
| Can you lawfully drive now? | Licence and conditions, immediate notice and service date, current Transport status, court orders, other bans and any revocation notice. |
| Is there a factual or testing issue? | A factual chronology, available recordings, witnesses, medical information and any genuine difficulty providing a sample. Preserve the original records. |
| Could mitigation, an extraordinary licence or a spent order be relevant? | Accurate work/income records, essential expenses, transport alternatives, medical/dependant evidence and documented steps such as counselling. |
| What does the lawyer agree to do? | Court date and desired help: evidence review, plea advice, notice/EDL advice, representation or later work. Ask for the scope, availability and separate costs. |
| Expense | Amount or basis |
|---|---|
| Initial Legal Hotline lawyer consultation | AUD $295 including GST matching and arrangement fee; initial one-hour consultation with no additional first-hour lawyer fee, subject to suitability and availability. |
| Court appearance, applications or later advice | Separate work and price agreed with the lawyer; court/application costs may also apply. |
| Fine and interlock costs | Depend on the applicable law, outcome and provider/licensing charges. They are not included in the consultation fee. |
Get advice on your WA charge and licence position
Use the checklist to ask a lawyer about the correct offence and penalty category, whether a notice remains effective, the evidence, plea options, interlock requirements and any extraordinary-licence or spent-conviction pathway. The consultation does not guarantee a saved licence or a particular court result.
Arrange an initial one-hour consultation with an Australian lawyer for $295 including GST. This is Legal Hotline’s matching and arrangement fee; the lawyer charges no additional fee for that first hour. Any further work is quoted separately. Phone, video and in-person appointments depend on availability.
The free phone line uses Jen, an AI assistant for general information; advice from a human lawyer is separately arranged. Legal Hotline is not a law firm. The initial arrangement does not include a court appearance, filing an application or later representation unless separately agreed. Confirm suitability, availability and the exact work; booking does not suspend a deadline or permit driving.
Official help and free legal information
Check free official information and eligibility-based legal help before deciding what paid assistance you need. Free information is different from a lawyer accepting your court case.
Legal Aid WA Infoline
1300 650 579, Monday–Friday 9 am–4 pm WST, excluding public holidays. Information officers provide information/referrals and may arrange available advice appointments; they do not give individual legal advice.
Legal Aid WA traffic services
Duty assistance has specific limits, including regional/Children’s Court and certain other criminal or remand-list matters. Ordinary metropolitan traffic cases do not automatically qualify. Ask about eligibility; funded representation is not guaranteed.
Magistrates Court extraordinary licence information
Official application instructions and forms. Court staff information does not decide eligibility or replace advice about your evidence and waiting period.
Common questions about drink driving in Western Australia
Will I automatically lose my licence for a first 0.06 reading in WA?
Not under the ordinary first-offence section 64AA rule alone. A first 0.05 to below 0.08 offence may attract a $1,000 infringement; 0.06 to below 0.07 carries four demerit points. If prosecuted in court, the ordinary first-offence maximum is $1,250 and disqualification is discretionary. Novice status, other special licensing rules, accumulated points and relevant priors can change the outcome. Check your documents and current licence status.
How long does an immediate police drink-driving notice last?
Under current Road Traffic Act sections 71C–71D, it normally operates for two months from receipt unless revoked earlier. It is separate from the criminal case and any later court ban. Other suspensions, cancellations, expiry or licence conditions may still prevent driving after it ends. Keep the notice, confirm its status and do not assume that a perceived procedural error permits you to drive.
Can I obtain a work licence after drink driving in WA?
An extraordinary driver’s licence may allow restricted driving during an eligible court disqualification, but it is discretionary. Immediate police notices, demerit and fines-enforcement disqualifications are excluded. Waiting periods and statutory medical, income or travel-to-work grounds must be satisfied, with evidence. A court order alone is insufficient: the actual licence must be issued and its conditions met before driving.
Does an interlock mean I can drive at 0.02 BAC?
No. Alcohol offenders and interlock-restricted drivers must have zero BAC. The device’s 0.02 lockout setting is not a lawful allowance. Eligibility depends on the qualifying offence and history. Exit requires at least 180 continuous days of restricted driving and the other regulatory conditions; it is not guaranteed exactly six months after installation.
Does a spent conviction order save my licence?
No. An immediate spent order at sentencing may be available under Sentencing Act sections 39 and 45 if the statutory criteria and sentencing restrictions are met. A prior conviction is not an automatic bar. The order does not remove licence disqualification or cancellation, the fine or other sentence duties. Disclosure exceptions remain, so it does not guarantee a particular work, registration or overseas-travel outcome.
Is Legal Hotline’s WA drink-driving lawyer service free?
The 1800 951 176 line provides free AI general legal information through Jen. Advice on your own charge is a separately arranged initial one-hour lawyer consultation: the AUD $295 matching and arrangement fee includes GST, with no additional lawyer charge for that first hour. Suitability and availability apply. Court representation and later work are separately agreed and charged. Legal Aid WA may offer information or eligible assistance through its own services.
Sources and update record
Checked on 23 October 2026 against current WA legislation and the linked official guidance. The operative Act controls where a public summary simplifies offence history or differs on notice deadlines. The first-offence table is expressly limited; the actual charge, history, notice and licence records determine the applicable rules. The separate commercial-service source verifies the consultation arrangement, not the law.
- Road Traffic Act 1974 — current version 14-t0-00
- Road Traffic (Administration) Act 2008 — current version 02-m0-00
- Road Traffic (Authorisation to Drive) Act 2008 — current version 01-n0-00
- Road Traffic (Authorisation to Drive) Regulations 2014 — current from 1 July 2026
- Road Traffic (Administration) Regulations 2014 — current from 9 July 2026
- Sentencing Act 1995 — current version 10-ag0-00
- Road Safety Commission: drink and drug driving
- Transport WA: alcohol interlock scheme
- Magistrates Court: extraordinary licences
- Legal Aid WA: spent conviction orders at sentencing
- Legal Aid WA: traffic-offence help
- Legal Aid WA: phone service and hours
- Legal Hotline: arrangement fee and initial lawyer consultation
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.