How important is your driver's license? How would suspension or cancellation of your driver's license affect your employment, family life, and ability to get from one place to another?
If you have been charged with a DUI or drink driving offence in Perth, this is a serious offence and engaging an experienced traffic lawyer is strongly advised. A consultation with a knowledgeable solicitor is a good first step in the process of understanding the court process, possible defences and the likely outcome of your traffic offence.
Speak with Andrew Williams today about your drink driving matter on (08) 9278 2575.
If you have been found driving with a blood alcohol content (BAC) in excess of 0.08%, it can lead to a significant period of disqualification of your license particularly where it involves a second or subsequent offence. This can be a previous DUI offence or another traffic offence like dangerous driving. With prior convictions, the penalties become more severe. Similar situations arise in cases of high range drink driving related offences including DUI or refusing a breath test. In these situations, contacting a drink driving lawyer can assist in putting your mind at ease knowing your case is in the right hands.
Drink Driving Offences often attract tough penalties including mandatory cancellation or suspension of driver’s license, demerit points, heavy fines and, depending on the severity of the case, imprisonment. Many clients that have come to Andrew Williams have misjudged their alcohol consumption and their level of intoxication before driving. They are often law abiding people who have exercised poor decision making and consequently found themselves charged with a drink driving offence. It often creates situations where the client’s reputation is at risk which requires the protection of an experienced drink driving lawyer in Perth.
The following information comes from the Road Traffic Act 1974 (page 64), and gives an approximate look at the type of penalties you could expect to face if caught drink driving:
BAC (G/100ml) |
Min Penalty |
Max Penalty |
Disqualified |
|---|---|---|---|
| ≥ 0.05 but less than 0.07 |
- | 38 PU or $1,900 |
3 months |
| ≥ 0.07 | - | 38 PU or $1,900 |
3 months |
Note: ≥ signifies of or above
PU signifies Penalty Unit. 1 Penalty Unit (PU) = $50
BAC (G/100ml) |
Second
|
Subsequent
|
|
|---|---|---|---|
| ≥ 0.05 but less than 0.07 |
Min Max Disq |
38 PU ($1,900) 60 PU ($3,000) 9 months |
38 PU ($1,900) 60 PU ($3,000) 12 months |
| ≥ 0.07 | Min Max Disq |
45 PU ($2,250) 60 PU ($3,000) 12 months |
45 PU ($2,250) 60 PU ($3,000) 15 months |
BAC (G/100ml) |
First
|
Second
|
Subsequent
|
|
|---|---|---|---|---|
| ≥ 0.08 but less than 0.09 |
Min Max Disq |
23 PU ($1,150) 68 PU ($3,400) 9 months |
48 PU ($2,400) 68 PU ($3,400) 12 months |
48 PU ($2,400) 68 PU ($3,400) 15 months |
| ≥ 0.09 but less than 0.11 |
Min Max Disq |
26 PU ($1,300) 68 PU ($3,400) 11 months |
51 PU ($2,550) 68 PU ($3,400) 15 months |
51 PU ($2,550) 68 PU ($3,400) 20 months |
| ≥ 0.11 but less than 0.13 |
Min Max Disq |
30 PU ($1,500) 68 PU ($3,400) 12 months |
54 PU ($2,700) 90 PU ($4,500) 21 months |
54 PU ($2,700) 90 PU ($4,500) 26 months |
| ≥ 0.13 | Min Max Disq |
35 PU ($1,750) 68 PU ($3,400) 14 months |
72 PU ($3,600) 113 PU ($5,650) 27 months |
72 PU ($3,600) 135 PU ($6,750) 42 months |
Note: ≥ signifies of or above
PU signifies Penalty Unit. 1 Penalty Unit (PU) = $50
Disq signifies the minimum period of disqualification
Max signifies the maximum fine
Min signifies the minimum fine
You don’t have to feel drunk to be guilty of drink driving. Any BAC of over 0.05 is considered to be “over the limit” and means you may be guilty of driving a motor vehicle whilst over the limit – even if you think that you feel fine to drive.
If you are a novice driver, recently disqualified, hold an extraordinary licence, or drive a taxi, small charter vehicle, a vehicle carrying dangerous goods or over 22.5t – you may be guilty of driving over the limit for any BAC over 0.00.
Any BAC reading of over 0.05 is can be considered as ‘drunk driving’ and is a traffic violation.
Police can stop you for a random breath test at any time and no other reason is required. However, to investigate further or inspect your vehicle the police must have a reasonable suspicion of illegal activity.
The punishment for drink driving offences varies depending on the seriousness of the offence. Penalties include mandatory cancellation or suspension of driver’s license, heavy fines or imprisonment.
The Western Australian Police website outlines the approximate penalties you could face, from section 63 of the Road Traffic Act. The penalties available will depend on the specific traffic charge.
Our traffic lawyers are based in Perth and Fremantle understand that being charged with an offence can be an emotional and overwhelming experience. We provide direct and open communication, sound advice and high level advocacy and representation in all Western Australian courts. Andrew Williams explores every possible avenue to ensure that each client is presented a staunch and comprehensive defence.
The Principal, Andrew Williams, represents clients in all courts for criminal and traffic related charges. As an experienced defence lawyer, Andrew is passionate and determined in attaining the best possible outcome for his clients charged with a DUI offence. He is a phone call away and will provide sensible, easy to understand legal advice as well as committed and determined representation on all traffic and drink driving matters.
Contact Andrew today to discuss your traffic matter.
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Words cannot express my gratitude for Andrew agreeing to take my case on, commit to returning from annual leave early, and the personal support and legal expertise provided in defending the driving charges made against me.
The delays I experienced by the two adjournments, while prolonging my anxiety and reducing my faith that I would receive a favourable outcome, worked very much in my favour but moreover it was the multiple submissions and arguments that Andrew made at law on my behalf that cemented the somewhat miraculous outcome including two spent convictions.
Though I genuinely never for a second doubted Andrew's skills, experience and abilities, my fate felt somewhat pre-determined given the significant impact sustained by the complainant.
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Andrew went out of his way to give me the best chance possible for a favourable outcome that, in the end, the Magistrate considered and responded accordingly.
All in all, I could not have dreamt of a better outcome considering the circumstances and I...
I had Andrew deal with my case recently and couldn't of been happier with the result he got for me. From the start Andrew was quick to reply to any questions and queries I had regarding my matter. He was very professional in my opinion, very easy to talk to and explained things quite well. I felt very comfortable in the courtroom knowing that Andrew wanted to get the best result he could for me, and I would highly recommend Andrew Williams to anyone who needs a criminal lawyer.
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I was charged with the offence of aggravated common assault. I engaged Andrew Williams to act for me.
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Besides a failure to indicate and cutting the corner of a very sharp S bend in the road all other allegations by Police were not substantiated. After using a previous Law firm that basically told us that it was the 2 Police Officers word against our son and that we were probably better to take the charge of Dangerous Driving that had been offered by Police for a plea of guilty. $2500 later we decided to find someone else that at least believed our sons version of events.
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Well if not for the professional and well thought out approach that Andrew used in this instance our son would have been unfairly charged with reckless driving for a very minor traffic offence. All costs were awarded to us by the Court and all I can say is...
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