Drinking and driving
The Road Traffic Act 1974 and associated regulations outline the offence of drinking and driving and related penalties.
It is an offence in Western Australia to drive with a Blood Alcohol Concentration (BAC) of 0.05% and over. Probationary (‘P’ plate) drivers are not legally allowed to drive with a BAC of 0.02% or over. In practice, it is safest not to drink at all if planning to drive.
Random Breath Testing (RBT)
Random Breath Testing (RBT) allows the Police to stop a vehicle at any time and ask the driver to take a breathalyser test. If a driver refuses to do so, they commit an offence. An RBT assesses a person’s Blood Alcohol Concentration (BAC).
BAC is a measure of the amount of alcohol in the blood. Generally, the more alcohol a person drinks, the higher their BAC will be. A person’s BAC depends on a number of factors such as:
- Number of drinks
- Time taken to consume drinks
- Types of drinks consumed
- Whether or not there is a substantial amount of food in the stomach
- Size, build and sex of the drinker
- Time since last drink
- Use of other drugs
The two most important factors in determining a person’s BAC are the number of drinks and the time taken to consume them. Breaking the drink driving laws carries mandatory penalties – disqualification from driving for a set period of time and heavy fines. Repeated offences can lead to a prison sentence. Anyone under the influence of alcohol who injures or kills another person while driving a motor vehicle can go to prison.
Provisional (‘P’ plate) drivers
Zero Blood Alcohol Concentration limit for all Learner and Provisional drivers.
Penalty: - BAC of less than 0.02% - minimum $75 - $300 fine and loss of 3 demerit points.
- BAC greater than 0.02% - minimum $100 fine and automatic cancellation of licence for three months. After three months, offenders must reapply for their licenses.
Drivers who hold a normal motor vehicle drivers licence (not on ‘P’ plates)
BAC greater than or equal to 0.05% (but less than 0.08%)
Penalty: Minimum $250 - $500 fine and loss of driver’s licence for three months
BAC greater than or equal to 0.08% (but less than 0.15%)
First offence: Minimum $400-$700 fine and loss of driver’s licence for six months
Second offence: Minimum $800 - $1200 fine, and loss of driver’s licence for six to twelve months.
Subsequent offence: Minimum $800 - $1200 fine, and loss of driver’s licence for six to fourteen months.
BAC greater than or equal to 0.15% or refusing an alcohol and/or drug test
First offence: Minimum $800 fine, and loss of driver’s licence for between six to twelve months.
Second offence: Minimum $1,500 fine or six months imprisonment, and loss of licence for two years or longer.
Third and other offences: Minimum $2,000 fine or an 18 month imprisonment, and loss of licence for life.