What Happens If I Get Caught Drink Driving in WA?

Being caught drink driving in Western Australia can be a stressful and overwhelming experience. One of the first questions people ask is: "What happens now?" The answer depends on a number of factors, including your blood alcohol concentration (BAC), whether you hold a full licence or provisional licence, whether there was an accident, and whether you have previous drink driving offences. However, in almost every case, drink driving charges can have serious consequences for your licence, employment and future.

What Is considered drink driving in WA?

In Western Australia, it is an offence to drive or attempt to drive a vehicle while over the prescribed alcohol limit. The applicable limit depends on the type of licence you hold. For many drivers, the legal limit is: • 0.05 BAC (blood alcohol concentration) However, some drivers must maintain a zero alcohol reading, including: • Learner drivers. • Provisional licence holders. • Extraordinary licence holders. • Certain commercial drivers.

What happens when police stop me?

Police may require you to: • Undertake a roadside breath test. • Provide a breath sample. • Attend a police station for further testing. • Provide additional samples if required by law. Refusing to comply can itself constitute a criminal offence and may carry significant penalties.

Will I lose my licence immediately?

Not necessarily. The answer depends on the nature of the allegation and the specific offence involved. In some cases: • You may continue driving until your court date. • An immediate roadside disqualification made be issued by police. • A disqualification may be imposed later by the court.

Will I have to go to court?

Often, yes. Sometimes not if your BAC is between 0.05% and below 0.08%. Many drink driving offences require a court appearance. The court will consider: • The reading recorded. • Your driving history. • Any prior drink driving offences. • The circumstances of the incident.

What penalties can apply?

The penalties for drink driving in Western Australia vary significantly. Potential consequences may include: • Fines. • Licence disqualification. • Community-based orders. • Alcohol interlock requirements. • Imprisonment in serious cases. The penalty imposed will depend on the particular offence and your personal circumstances.

What Is an Alcohol Interlock Device?

For certain drink driving offences, a driver may be required to participate in an alcohol interlock program. An interlock device requires the driver to provide a breath sample before the vehicle can be started. Additional testing may also be required during a journey. Interlock requirements can continue for a significant period depending on the offence and compliance history.

What If this is my first drink driving dffence?

Many people appearing before the court for drink driving have never previously been in trouble with the law. Even for a first offence, the consequences can be significant. The court may consider factors such as: • Your BAC reading. • Your driving history. • Your personal circumstances. • Your employment requirements. • Any evidence of rehabilitation or insight. A first offence does not necessarily mean a minor penalty.

What if I have previous drink driving convictions?

Repeat offending is generally treated more seriously. Previous convictions may result in: • Higher fines. • Longer disqualification periods. • More restrictive licensing consequences. • Increased risk of imprisonment in serious cases. The court will often consider the pattern of offending and any efforts made to address alcohol-related issues.

Can I avoid losing my licence?

The answer depends on the particular offence. Most drink driving offences carry mandatory periods of disqualification.

Can I get an extraordinary licence?

Possibly. An extraordinary licence may allow a person to drive in limited circumstances despite a disqualification. There are waiting periods before you can apply though. Applications are subject to strict legal requirements and are not available in every case. The court will consider matters such as: • Employment needs. • Family responsibilities. • Hardship. • Community interests. Legal advice is recommended before making an application.

Should I get a lawyer for a drink driving charge?

Many people choose to obtain legal representation because the consequences can extend well beyond a fine. A criminal lawyer can assist by: • Explaining the charge. • Reviewing the evidence. • Advising about possible defences. • Preparing sentencing material. • Presenting submissions to the court. • Advising about licence consequences. Early advice can help you understand your options and prepare effectively.

What should I do after being charged?

If you have been charged with drink driving: • Read all paperwork carefully. • Record your court date. • Avoid further traffic offences. • Obtain legal advice as early as possible. • Gather any relevant supporting material. Acting early often provides the best opportunity to prepare your case properly.

Need advice about a drink driving charge in WA?

This is general information only. If you have been charged with drink driving in Busselton, Bunbury, Margaret River, Dunsborough or elsewhere in Western Australia, obtaining legal advice early can help you understand the charge, protect your interests and prepare for court. Boudica Criminal Law regularly assists clients facing drink driving and other serious traffic offences throughout Western Australia. You can read more here.