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Drunk and Drug Driving

Drink and Drug Driving Charges in Western Australia

Drink and drug driving offences are among the most common reasons people find themselves before the courts — often good people who have made an honest mistake. These offences are taken seriously, with penalties that can include licence disqualification, fines, and imprisonment for repeat or high-range offenders.

Under the Road Traffic Act 1974 (WA), offences are divided into categories based on the driver’s blood alcohol concentration (BAC) or presence of drugs in their system.

Categories of Drink Driving Offences

The main drink driving offences in Western Australia include:

  • Excess 0.05 – a lower-range offence often resulting in fines and demerit points;
  • Excess 0.08 – a mid-range offence with mandatory disqualification periods;
  • Driving Under the Influence (DUI / Excess 0.15) – a high-range offence carrying heavier penalties and potential imprisonment;
  • Failing to Provide a Sample – refusing a breath or blood test is a separate offence and can result in the same or greater penalties than a high-range reading.

Depending on your licence type and vehicle, you may also be subject to stricter limits — 0.02 or even 0.00 for provisional licence holders, professional drivers, and certain commercial categories.

Drug Driving Offences

Drug driving offences fall into two main types:

  1. Driving with a Prescribed Illicit Drug Present – when substances like cannabis or methylamphetamine are detected in oral fluid or blood, regardless of impairment;
  2. Driving Under the Influence of Drugs (DUI-Drugs) – where the prosecution must prove that a driver was actually impaired, which often requires expert toxicology evidence.

These offences can be complex, and the reliability of testing procedures, timing of collection, and chain of custody are all critical factors that may affect the strength of the prosecution’s case.

How Perrella Legal Can Help

At Perrella Legal, we regularly represent clients charged with drink driving and drug driving offences in Perth and across Western Australia. We can advise you on:

  • What alcohol or drug restrictions applied to you at the time;
  • Whether police followed correct testing and charging procedures;
  • Whether you may have a valid defence or grounds to challenge the charge; and
  • Options for minimising penalties or disqualification periods where applicable.

Whether you’re facing a first-time offence or a repeat charge, we understand how much is at stake — your licence, your livelihood, and your reputation.

Contact Perrella Legal today for a confidential consultation with an experienced drink driving lawyer in Perth.

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Frequently Asked Questions

Drink driving offences are based on your blood alcohol concentration (BAC). If your BAC is above your legal limit, you can be charged under the Road Traffic Act 1974 (WA), even if you feel fine to drive.

The main categories are:

  • Excess 0.05 – lower-range offence, usually fines and disqualification;
  • Excess 0.08 – mid-range offence with mandatory disqualification;
  • DUI / Excess 0.15 – high-range offence, often involving court appearance and risk of jail for repeat or serious cases;

Failing to Provide a Sample – refusing a breath or blood test, treated very seriously.

Some drivers are subject to stricter BAC limits, including:

  • P-plate / novice drivers (often 0.00);
  • Truck, bus and commercial drivers;

Certain workplace or licence conditions.
If your BAC is over your applicable limit, you can still be charged even if it’s below 0.05.

Yes. Alcohol affects people differently, and BAC can rise unexpectedly depending on timing, body weight, food intake, and metabolism. The law focuses on the reading, not how you felt.

Refusing a breath or blood test is a separate offence and can attract penalties equal to or higher than high-range drink driving. Courts treat refusals seriously because they prevent police from confirming BAC.

There are two main drug driving offences:

  1. Prescribed Illicit Drug Present – cannabis or methylamphetamine detected in saliva or blood even if you weren’t impaired.
  2. DUI-Drugs – police must prove you were actually impaired, which usually requires expert toxicology evidence.

Yes. For “drug present” charges, impairment doesn’t matter — the offence is based on detection alone. Even small traces can lead to a charge.

Not always. Issues can arise with:

  • Testing procedure errors;
  • Timing of the sample;
  • Storage and chain of custody;
  • False positives; or

Delays between driving and testing.
These issues can affect whether the prosecution can prove the offence.

Penalties vary depending on the offence and whether you have prior convictions. They can include:

  • Licence disqualification (mandatory in many cases);
  • Fines;
  • Court-ordered programs or community orders; and

Imprisonment, especially for repeat offenders or high-range DUI.

For many categories — especially mid-range or high-range drink driving and drug driving — disqualification is mandatory.
However, in some cases we can negotiate or argue for reduced periods, depending on your record and circumstances.

Yes. Depending on the facts, defences may include:

  • Police not following correct testing procedures;
  • Problems with sample handling or timing;
  • Challenging whether you were actually driving; or

Medical or factual explanations affecting the evidence.
Early advice is key, because many defences depend on what happens in the first days after charge.

Yes. We regularly assist clients to:

  • Challenge incorrect or unreliable testing;
  • Negotiate charge reductions where appropriate;
  • Make strong sentencing submissions to reduce penalties; and

Explore options such as extraordinary licences (if eligible).

Contact Perrella Legal today for confidential advice from an experienced drink and drug driving lawyer in Perth.

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