(08) 9278 2575
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 lawyer 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.
In Western Australia, drink driving and DUI (driving under the influence) offences are treated seriously and prosecuted under the Road Traffic Act 1974 (WA).
Drink driving generally refers to driving with a blood alcohol concentration (BAC) above the legal limit. For most licence holders, this limit is 0.05%. Exceeding this limit can result in infringement notices, court appearances, licence disqualification, and fines.
DUI offences apply where a driver is alleged to be so affected by alcohol, drugs, or a combination of both that they are incapable of having proper control of a vehicle. A person can therfore be charged with DUI even if their BAC is below 0.05%.
Western Australian law also recognises drug driving offences, which involve impairment caused by illicit substances, prescription medication, or mixed substance use. These offences often carry penalties comparable to, or more severe than, drink driving charges.
Because each offence type is assessed differently, early advice from an experienced DUI and drink driving lawyer in Perth is critical.
Drink driving offences often attract tough penalties including mandatory licence disqualification or suspension, demerit points, heavy fines, and in more serious cases, imprisonment.
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.
Many clients represented by Andrew Williams are otherwise law-abiding individuals who misjudged their alcohol consumption. Despite this, a drink driving charge can place employment, reputation, and family responsibilities at risk, making skilled legal representation essential.
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 (current as at February 2026).
BAC (G/100ml) |
Min Penalty |
Max Penalty |
Disqualified |
|---|---|---|---|
| ≥ 0.05 but less than 0.07 |
- | 25 PU or $1,250 |
- |
| ≥ 0.07 | - | 25 PU or $1,250 |
- |
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 |
25 PU ($1,250) 40 PU ($2,000) 6 months |
25 PU ($1,250) 40 PU ($2,000) 8 months |
| ≥ 0.07 | Min Max Disq |
30 PU ($1,500) 40 PU ($2,000) 8 months |
30 PU ($1,500) 40 PU ($2,000) 10 months |
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.
BAC (G/100ml) |
First
|
Second
|
Subsequent
|
|
|---|---|---|---|---|
| ≥ 0.08 but less than 0.09 |
Min Max Disq |
15 PU ($750) 45 PU ($2,250) 6 months |
32 PU ($1,600) 45 PU ($2,250) 8 months |
32 PU ($1,600) 45 PU ($2,250) 8 months |
| ≥ 0.09 but less than 0.11 |
Min Max Disq |
17 PU ($850) 45 PU ($2,250) 7 months |
34 PU ($1,700) 45 PU ($2,250) 10 months |
34 PU ($1,700) 45 PU ($2,250) 13 months |
| ≥ 0.11 but less than 0.13 |
Min Max Disq |
20 PU ($1,000) 45 PU ($2,250) 8 months |
36 PU ($1,800) 60 PU ($3,000) 14 months |
36 PU ($1,800) 60 PU ($4,500) 17 months |
| ≥ 0.13 | Min Max Disq |
23 PU ($1,150) 45 PU ($2,250) 9 months |
48 PU ($2,400) 75 PU ($3,750) 18 months |
48 PU ($2,400) 90 PU ($4,500) 30 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
Many drink driving and DUI convictions in Western Australia require participation in the Alcohol Interlock Program at the expiration of a disqualification period and before a driver’s licence can be reinstated.
An alcohol interlock device is installed in the offender’s vehicle and requires a breath test before the vehicle can be started. If alcohol is detected, the vehicle will not operate.
You may be required to participate in the program if you:
Participation periods vary depending on the offence and prior driving history. Legal advice can assist in understanding how interlock conditions apply and how they interact with licence reinstatement.
If your licence has been disqualified due to a drink driving or DUI offence, you may be eligible to apply for an Extraordinary Driver’s Licence (EDL).
An extraordinary driver’s licence allows limited driving under strict conditions, commonly for:
In determining whether it is appropriate to grant an extraordinary driver's licence in WA, the court also considers:
In Western Australia, you are precluded from applying for an Extraordinary Driver’s Licence in the following circumstances:
Applications for an extraordinary driver's licence require detailed evidence and persuasive legal submissions. Andrew Williams regularly assists clients with EDL applications arising from drink driving offences.
Where drink driving or DUI behaviour results in death or serious bodily harm, the legal consequences escalate significantly.
Charges such as dangerous driving causing death or grievous bodily harm are indictable offences and can result in lengthy terms of imprisonment, extended licence disqualification, and permanent criminal records.
These matters often involve complex evidence, expert reports, and contested factual issues. Early representation from an experienced criminal defence lawyer is essential.
Being charged with a drink driving offence can be overwhelming. While every case is different, the legal process typically includes the following steps:
It's important to obtain legal advice early on due to the complexities involved in DUI matters and the potential consequences.
Andrew Williams is experienced in all traffic matters with an excellent track record of achieving positive outcomes for clients facing DUI charges. Contact Andrew immediately on (08) 9278 2575 for advice now.
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.
Yes. A drink driving conviction in Western Australia is recorded on your criminal record. This can have long-term consequences for employment, professional licensing, and overseas travel. In some cases, you may be eligible to apply for a spent conviction, which, if granted, allows the offence to become non-disclosable in most circumstances. Eligibility depends on the type of offence, sentence imposed, and the passage of time.
Refusing to provide a breath, blood, or saliva sample is treated as a serious offence under Western Australian law. Penalties are often comparable to high-range drink driving or DUI offences and can include substantial fines, lengthy licence disqualification, mandatory alcohol interlock conditions, and possible imprisonment. Refusal charges are frequently contested and require careful legal advice.
Yes. Police in Western Australia have the power to conduct random breath testing at any time without needing to form a suspicion that an offence has occurred. However, additional searches or investigations generally require lawful grounds.
Yes. A conviction can impact employment in roles that require a clean driving record, security clearances, professional registration, or mandatory criminal history checks. Licence disqualification can also affect your ability to perform work duties, particularly in trades, transport, FIFO, and professional driving roles.
Drink driving and DUI charges can have serious and lasting consequences. Choosing the right lawyer can make a significant difference to the outcome of your case.
Andrew Williams is a prominent Perth criminal lawyer with over 20 years experience representing clients charged with drink driving, DUI, and serious driving offences across Western Australia. He understands how traffic matters are prosecuted, how police evidence is tested, and how to present persuasive submissions to the court.
Clients choose Andrew Williams because he:
Early legal advice allows potential defences, procedural issues, and mitigation strategies to be identified before your court date.
Our traffic lawyers based in Perth and Fremantle understand that being charged with an offence can be emotional and overwhelming. We provide clear communication, practical advice, and strong representation across all Western Australian courts.
Andrew Williams represents clients in all criminal and traffic matters and is committed to achieving the best possible outcome for those charged with drink driving and DUI offences.
Contact Andrew Williams today to discuss your drink driving matter.
