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Drink Driving Penalties WA

The legal limit for blood alcohol concentration (BAC) is below 0.05. Once the reading is 0.05 and above the person becomes liable for a drink driving offence. The exceptions to this are taxi drivers, vehicle drivers and drivers with learner permit and provisional license who must maintain a zero BAC.

The penalties for drink driving offence would depend on the BAC level of the accused. The higher the BAC level, the heavier the penalties. The penalties are imposition of fines, demerit points, disqualification and imprisonment. Maximum penalties are imposed in the case of repeat offenders.

In some violations there is automatic suspension of license for two months which the police are authorized to impose:

  • BAC of 0.15 and above;
  • Failure to comply with breath and blood analysis.

The suspension commences upon being hander over the notice by a police officer. The stiff penalties are meant to deter drink driving and in the process, hopefully save lives.

The following table shows the penalties that will apply for a first offence of driving with a BAC of ≥ 0.05 - < 0.08.

Blood alcohol content (g/100ml)


Maximum court penalty

Demerit points

≥ 0.05 but < 0.06




≥ 0.06 but < 0.07




≥ 0.07 but < 0.08




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.


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