Do you have a question about any aspect of Criminal law?

Ask a question

it is free

Drink Driving Offences WA

In Western Australia, drink driving is the major contributing factor to road trauma.

As a result, drink drivers are now facing tougher new laws regarding drink driving. An on the spot license disqualification is now being imposed by the police authorities even before conviction takes place.

Disqualification is immediately imposed if the driver blows 0.08 or more blood alcohol content during the breath test.

This tougher new law took effect in August 1, 2012 and suspension of the license is good for two months and the offender driver will not be able to apply for an extraordinary license.

Also, anyone caught driving after the licence disqualification will have their vehicle impounded for 28 days under the so-called "hoon laws" which is already in place. In theory, both punishments could be meted out before any case is tested in court against the drink driver. The two-month instant suspensions will count towards any further licence suspension or punishment for those convicted by the court.

There are group of drivers who are required to exhibit zero blood alcohol content. They are drivers of:

  • heavy vehicles with a Gross Combined Mass exceeding 22.5 tons
  • passenger vehicles (i.e., buses) equipped to seat more than 12 passengers including the driver, while carrying passengers
  • omnibuses, while carrying passengers for reward or hire
  • Taxis, while carrying passengers for reward or hire vehicles carrying dangerous goods.

Drivers who are holders of the extraordinary licenses and those recently disqualified Drivers and novice drivers are also required to have zero alcohol content in their blood. The extension of the zero BAC limit to the above driver groups recognised the increasing risk these drivers pose to their passengers and other road users when driving with alcohol or drugs present in their blood.

If a novice driver is disqualified due to drink driving, the licence is cancelled. For all other licence holders, a disqualification will result in the suspension of their licence.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

WHAT IS NEXT?

Whether you're in Brisbane, Melbourne, Sydney, Perth or even Adelaide we have criminal lawyers that are ready to help you instantly.

ASK A QUESTION

Do you have a question about any aspect of criminal law. If yes, Complete this form "Ask a Question" and we will then send it off to one of our criminal lawyers.

ASK A QUESTION
IT'S FREE TO ASK
Alan WeissCriminallegal.com.au (Criminal Legal) is part of aussiedivorce.com.au Pty Ltd © 2014 - 2016 all rights reserved