Initial consult booked by phone or online form, with urgent enquiries flagged. The firm advertises 24/7 support. Ask the firm about fees.
Office
Level 1, 12 St Georges Tce, Perth WA 6000
Full profile: lawyers, services and sources
About the firm
Kate King Legal is a criminal defence practice on St Georges Terrace led by principal Kate King, with two senior associates and two solicitors behind her. It only does criminal work, and drink driving has its own page covering everything from a 0.05 reading to refusing a breath test and driving while disqualified. The firm says it checks device calibration and test procedure when looking for a defence. It also runs extraordinary licence applications and life disqualification removals. Good for anyone facing a court date who wants a dedicated criminal team. Initial consults can be booked online or by phone.
Also worth knowing
Five lawyers are listed, led by principal Kate King.
Lawyers
Kate King, Principal
Jesse Cox, Senior Associate
Lisa Riley, Senior Associate
Olivia Hoyne, Solicitor
Beth McGee, Junior Solicitor
Areas of drink driving law handled
0.05 and 0.08 drink driving charges
Driving under the influence (DUI)
Refusing a breath or blood sample
Drink driving with a child passenger
Drink driving while disqualified
Drug driving
Extraordinary driver's licence applications
Removal of life disqualification
Defences based on device calibration and test procedure
Discounted 45 minute initial consultation, booked by phone or online enquiry.
Office
Kings Perth Office Tower, Level 1, 533 Hay Street, Perth WA 6000
Full profile: lawyers, services and sources
About the firm
Andrews Legal has been defending Perth clients since 1997 from an office next door to the Perth Magistrates Court. Founder Mark Andrews spent eleven years with WA Police, including traffic duties, before moving into law, and he now leads a team of five lawyers. The drink driving page covers every band from provisional licence readings through to DUI, refusing a breath test, drug driving and interlock matters. The firm also helps with extraordinary licence applications. It suits drivers who want an established criminal firm close to court. First consultations run 45 minutes at a discounted rate.
Founded in 1997
Also worth knowing
Five lawyers are listed, including Jeremy Johnston, admitted in 1998.
Lawyers
The site gives few formal titles; roles above are taken from the lawyer profiles.
Mark Andrews, Founder and criminal defence lawyer
Trent Andrews, Lawyer and General Manager
Jeremy Johnston, Lawyer
Tabitha Raphael, Criminal defence lawyer
Stuart Counsel, Lawyer
Areas of drink driving law handled
Low range (0.05) and mid range (0.08) drink driving
DUI over 0.15
Provisional licence drink driving
Refusing a breath sample
Drug impaired driving
Driving with cannabis, methylamphetamine or other prescribed drugs
Combined alcohol and drug driving
Alcohol interlock scheme
Driving while disqualified
Extraordinary driver's licence applications
Office
Kings Perth Office Tower, Level 1, 533 Hay Street, Perth WA 6000
The site doesn't set out consultation or fee terms. After hours numbers are published.
Office
Fremantle Law Chambers, Suite 3, 4 Adelaide Street, Fremantle WA 6160
Full profile: lawyers, services and sources
About the firm
Porter Scudds is a Fremantle criminal defence firm whose roots go back to Jeremy Scudds' sole practice, set up in 1989. Jeremy was admitted in 1984 and Lindy Porter in 2000, and both act as barristers and solicitors alongside three other lawyers. On drink driving the firm handles DUI and high range readings, drug impaired driving, extraordinary licence applications with affidavits and court appearances, and applications to the District Court to lift a life disqualification. A strong fit for repeat offenders and anyone south of the river. Ask the firm about consultation terms when you call.
Founded in 1989 as J.J. Scudds and Associates; Porter Scudds formed in 2003
Also worth knowing
It runs District Court applications to remove permanent disqualifications.
Lawyers
Jeremy Scudds, Senior practitioner, barrister and solicitor (admitted 1984)
Lindy Porter, Senior legal practitioner, barrister and solicitor (admitted 2000)
Sutherlan Scudds, Lawyer
Cameron Cole, Lawyer
Abbie Hothersall, Lawyer
Areas of drink driving law handled
Drink driving charges
DUI and excess 0.15
Drug impaired driving
Extraordinary driver's licence applications and affidavits
Court appearances for licence applications
Removal of permanent disqualification in the District Court
Dangerous driving causing death or injury
Pleas and trials in the Magistrates Court
Office
Fremantle Law Chambers, Suite 3, 4 Adelaide Street, Fremantle WA 6160
The site doesn't set out consultation or fee terms. After hours callers can leave a message for a call back.
Office
The Kings Office Complex, Level 6, 533 Hay Street, Perth WA 6000
Full profile: lawyers, services and sources
About the firm
Curt Hofmann & Co is a Perth criminal and traffic practice on Hay Street, led by Curt Hofmann, who the firm says has more than 45 years in practice. Partner Katherine Dowling and lawyers Chris Sheehy and Elena White round out the team. Drink and drug driving sits within a long list of driving work, including refusing a breath sample, driving while disqualified and breaching an extraordinary licence. Its published results include a July 2026 Joondalup sentencing where a client with three prior drink driving convictions got the statutory minimum. Suits repeat offenders. Ask about consultation terms when you call.
Also worth knowing
Four lawyers are listed, including partner Katherine Dowling.
Lawyers
Curt Hofmann, Principal
Katherine Dowling, Partner
Chris Sheehy, Lawyer
Elena White, Lawyer
Areas of drink driving law handled
Drink driving charges
Driving under the influence of drugs
Refusing a breath sample
Driving while disqualified
Breach of an extraordinary licence
Extraordinary driver's licence applications
Sentencing in suburban Magistrates Courts
Pleas for minimum penalties
Office
The Kings Office Complex, Level 6, 533 Hay Street, Perth WA 6000
Free 15 minute assessment by a lawyer after you call, then an optional one hour office consultation for a fixed fee. Hourly rates after that, with fixed fees for some matters.
Office
7/524 Hay Street, Perth WA 6000
Full profile: lawyers, services and sources
About the firm
Timpano Legal is a Perth criminal defence firm founded in 2008 by Laura Willox, who has more than 20 years of practice behind her. Special counsel Liat Ofri and two lawyers make up the legal team. Its drink and drug driving page sets out the penalty bands at 0.02, 0.05 and 0.08, combined drink and drug charges, DUI and failing to give a sample, and the firm says it looks at test accuracy and procedural errors. Extraordinary licences are a separate service. It suits first timers who want a clear picture. A free 15 minute assessment comes first.
Founded in 2008
Also worth knowing
Callers get a free 15 minute assessment by a qualified lawyer.
Lawyers
Laura Willox, Founder, Senior Criminal Lawyer and Practice Director
Fixed fee initial consultation with Andrew in person, with separate fixed amounts for summary and indictable matters. Hourly rates after that, with fixed fees available for some traffic matters.
Office
Level 28, AMP Tower, 140 St Georges Tce, Perth WA 6000
Full profile: lawyers, services and sources
About the firm
Andrew Williams set up his criminal law practice in 2008 and works from AMP Tower in the city and a second office in Fremantle. Before that he was associate to a Supreme Court judge and worked for a Queen's Counsel. He handles drink driving, DUI, drug driving and breath test refusals himself, and says clients are never passed to a junior. He also runs extraordinary licence applications after drink driving disqualifications. He sits on Legal Aid WA's indictable panel. Suits people who want one senior lawyer throughout. The first meeting is a fixed fee sit down with Andrew.
Founded in 2008
Also worth knowing
He regularly helps with extraordinary licence applications after drink driving disqualifications.
Lawyers
The site names no other lawyers, and Andrew says he handles each matter himself.
Andrew Williams, Principal
Areas of drink driving law handled
Drink driving charges
Driving under the influence (DUI)
Drug driving
Refusing a breath or blood test
Driving while disqualified or suspended
DUI causing death or grievous bodily harm
Extraordinary driver's licence applications
Magistrates and District Court representation
Office
Level 28, AMP Tower, 140 St Georges Tce, Perth WA 6000
Free phone call of up to 15 minutes, then a one hour initial consultation for a set fee. Ongoing work is hourly or a set fee per matter under a costs agreement.
Office
Suite 5, 531 Hay Street, Subiaco WA 6008
Full profile: lawyers, services and sources
About the firm
Stevenson Legal is a small Subiaco practice run by principal Nick Stevenson, a UWA graduate who spent seven years at Lewis Blyth & Hooper before going out on his own. It now focuses on criminal and traffic law. On drink driving it covers every reading from 0.02 up, DUI, refusing a breath or blood sample and breaching a roadside disqualification, and the firm says it has handled hundreds of extraordinary licence applications. Nick runs each matter himself. It suits clients across greater Perth. There's a free call of up to 15 minutes, then a set fee one hour consult.
Also worth knowing
It takes clients from Joondalup to Mandurah and Armadale to Fremantle.
Obligation free initial consultation of up to one hour at a reduced rate, in person, by phone or video. Fixed fees for simple pleas, adjournments and extraordinary licence applications.
Office
Suite 4, 12-20 Railway Road, Subiaco WA 6008
Full profile: lawyers, services and sources
About the firm
Chambers Legal is a Subiaco firm that only does criminal and traffic law. Directors Arina Mundy and Yasmin Thompson opened it in February 2018, and Yasmin was previously a partner at a national firm. Three solicitors work with them. The firm handles drink driving, drug driving and refusing a breath test, and aims to argue for minimum or near minimum disqualifications. It offers fixed fees for simple pleas and for extraordinary licence applications, which suits people who want cost certainty. Initial consults run up to an hour at a reduced rate, in person, by phone or video.
First consultation to hear your situation and outline options. Contact the criminal team on 08 9211 2662 about fees.
Office
Level 8, Cloisters Square, 863 Hay Street, Perth WA 6000
Full profile: lawyers, services and sources
About the firm
HHG Legal Group is a large WA full service firm with its Perth office in Cloisters Square and branches in Joondalup, Mandurah and the south west. Its criminal team has a named traffic group led by senior associate Ivor King, a former federal and state prosecutor, with associates Carole MacKay and James Gatti. On drink and drug driving it covers mandatory penalties, licence disqualifications and alcohol interlock rules, and it will advise on whether an extraordinary licence is worth seeking. Suits clients outside the CBD who want a local office. The first meeting is a consultation to outline options.
Also worth knowing
Its traffic page covers alcohol interlock requirements and mandatory penalties.
Lawyers
Ivor King, Senior Associate, Criminal Law and Traffic
Carole MacKay, Associate, Criminal Law and Traffic
James Gatti, Associate, Criminal Law and Traffic
Areas of drink driving law handled
Drink driving charges
Drug driving charges
Mandatory penalty advice
Alcohol interlock requirements
Licence suspensions and disqualifications
Driving while disqualified
Extraordinary licence advice
Court preparation and representation
Office
Level 8, Cloisters Square, 863 Hay Street, Perth WA 6000
Other details
Other offices
Joondalup, Mandurah, Bunbury, Albany and Mount Barker
Confidential consultation with a lawyer. The site doesn't set out fee terms.
Office
Level 9, 26 St Georges Terrace, Perth WA 6000
Full profile: lawyers, services and sources
About the firm
Perrella Legal is a St Georges Terrace criminal and traffic practice, incorporated in 2011 and led by director Michael Perrella with five other lawyers. Its drink and drug driving page is one of the more detailed in Perth, covering 0.05, 0.08 and DUI charges, the lower limits for provisional and commercial drivers, cannabis and methylamphetamine driving and failing to give a sample. It works with first and repeat offenders on keeping disqualifications short and explores extraordinary licences where clients qualify. It posts recent case outcomes. Suits drivers who want a mid sized team. Consultations are confidential, and fees aren't published.
Incorporated in 2011
Also worth knowing
It has a separate page for extraordinary licence applications.
Lawyers
The team page gives a title only for the director; the others are listed with law degrees.
Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.
Not sure which firm suits you?
Tell us a little about your matter and we'll put you in touch with a Perth drink driving lawyer. It's free and there's no obligation.
How we compiled this list
We include firms that defend drink and drug driving charges as a main part of their work and take Perth clients. For each one we read its own website in October 2026 and wrote the description ourselves. The Law Society of WA's own accreditation scheme covers family law and wills and estates, not criminal or traffic law, and this page doesn't name accredited specialists. Free consultations and fee terms are as the firm describes them, so confirm them when you call. We show Google ratings with the date we checked them, and we leave out self-reported success rates.
Firms can pay for a featured listing on some of our pages, which affects where they appear. No firm on this page pays. Payment doesn't buy the write-up. We write those ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.
This page is general information, not legal advice. Laws, penalties and fees are as published by the Road Safety Commission, the Department of Transport and Major Infrastructure, WA Legislation, the WA courts and Legal Aid WA in October 2026.
WA alcohol limits, and why 0.15 is the line that matters
Most drivers in WA have a 0.05 limit, so driving at or above 0.05 is an offence. A zero limit means it's an offence to drive with any alcohol in your body at all. The Road Safety Commission lists these drivers as zero limit:
learner and provisional (novice) drivers
extraordinary licence holders and recently disqualified drivers
drivers of vehicles over 22.5 tonnes gross combination mass, and dangerous goods drivers
drivers of buses with more than 12 adult seats carrying passengers, and taxi and small charter drivers carrying paying passengers
Legal Aid WA adds drivers convicted of an alcohol interlock offence to that list.
0.15 isn't another band. Under section 63(5) of the Road Traffic Act 1974, a driver at or above 0.15 is deemed to have been under the influence of alcohol. So in Perth a high reading is charged as driving under the influence (DUI), the same offence used when police say you were affected, and it carries the heaviest alcohol penalties and an automatic interlock. Readings below that are charged under separate sections for 0.08, 0.05, 0.02 and any alcohol.
The laws apply to any motor vehicle, including eRideables, motorised mobility scooters and wheelchairs, motorcycles, quad bikes and farm vehicles, and not only on roads. Paths, tracks, carparks and other places the public can get to are covered too.
Penalties by reading: first, second and later offences
These are the court penalties for full licence holders, as published by the Road Safety Commission. Fines run from the minimum to the maximum, and the disqualification shown is the minimum. Legal Aid WA points out that the court can go above a minimum but never below it.
Reading
First offence
Second offence
Third or later
0.05 to under 0.07
Up to $1,250, disqualification at the court's discretion
$1,250 to $2,000, 6 months
$1,250 to $2,000, 8 months
0.07 to under 0.08
Up to $1,250, disqualification at the court's discretion
$1,500 to $2,000, 8 months
$1,500 to $2,000, 10 months
0.08 to under 0.09
$750 to $2,250, 6 months
$1,600 to $2,250, 8 months
$1,600 to $2,250, 10 months
0.09 to under 0.11
$850 to $2,250, 7 months
$1,700 to $2,250, 10 months
$1,700 to $2,250, 13 months
0.11 to under 0.13
$1,000 to $2,250, 8 months
$1,800 to $3,000, 14 months
$1,800 to $3,000, 17 months
0.13 to under 0.15
$1,150 to $2,250, 9 months
$2,400 to $3,750, 18 months
$2,400 to $4,500, 30 months
0.15 or more (DUI)
$1,700 to $3,750, 10 months
$3,150 to $5,250 or 9 months' jail, 30 months
$3,150 to $7,500 or 18 months' jail, disqualified for life
A first DUI at 0.15 or more goes up to $2,400 to $3,750 and at least 18 months if you have an earlier drink driving conviction at 0.08 or more. Alcohol combined with drugs costs more at every level. A first offence at 0.15 or more with drugs is $2,050 to $5,650 and at least 15 months.
The $1,000 infringement. For a first offence between 0.05 and under 0.08, police may give you an infringement notice instead of a court charge: $1,000 and 3, 4 or 5 demerit points, rising with the reading. A second or later drink driving offence can't be dealt with this way and must go to court. Legal Aid WA says paying an infringement means you accept the offence and the demerit points, but it doesn't go on your criminal record. To go to court instead, don't pay any of it and tell Infringement Services before the due date on the notice. Drink and drug driving also attract double demerits in holiday periods, and the next one runs from 18 December 2026 to 3 January 2027.
Zero limit drivers. Above zero but under 0.02 is a $400 infringement and 3 demerit points, or $400 to $750 in court. From 0.02 to under 0.05 there's no infringement option: it's $400 to $750 in court and at least 3 months' disqualification. For a novice driver a disqualification cancels the licence. Legal Aid WA says a P plater who pays an infringement for 0.05 or more has their licence cancelled and can't apply for another for 3 months. If it goes to court, the licence is cancelled and you can't reapply until the disqualification ends.
Refusing a test and the 2 month roadside disqualification
If you were driving, or police reasonably believe you drove earlier, you must do a preliminary breath test. Police can then require a second breath, blood or urine sample, usually at a police station, with blood or urine taken by a nurse or doctor. Refusing either without a reasonable excuse is an offence, and Legal Aid WA warns you can be charged even if you hadn't had anything to drink.
Refusing is treated as seriously as a high reading. The Road Safety Commission says it attracts the highest penalty for the relevant impaired driving offence, and Legal Aid WA lists a first offence for failing to comply with an alcohol test at $2,050 to $5,650 and at least 15 months' disqualification. A conviction for refusing an alcohol sample also puts you on the interlock scheme.
The disqualification notice. For a reading of 0.08 or more, DUI (including 0.15 or more) or failing to give a sample, police can give you a disqualification notice. You're disqualified for 2 months unless the notice is revoked. It's usually handed over at the time, or within 10 days of the test, refusal or blood result.
It comes before court: the court can add more time when it sentences you, and Legal Aid WA says the 2 months already served is taken into account
Revoking it: the Department of Transport and Major Infrastructure lists grounds including faulty equipment, no charge being lodged with a court within 10 days, the charge being discontinued, or the court dismissing it. You apply to the Magistrates Court in person. A revocation doesn't stop the charge going ahead
No extraordinary licence: you can't apply for one while the notice is running, and the time it runs counts toward the court waiting period for the same offence
Check its status: call the department on 13 11 56
Drug driving in WA
Police can stop any driver for a saliva (oral fluid) test. The drugs it looks for are cannabis, MDMA (ecstasy), methylamphetamine and cocaine. WA has two quite different drug driving charges.
Charge
What police need to show
First offence
Second offence
Drug in oral fluid or blood
The drug was present
Up to $1,250 and 3 demerit points
$1,250 to $2,000 and at least 6 months' disqualification
Driving while impaired by drugs
Suspicious or erratic driving, confirmed by a driver assessment or blood test
$1,700 to $3,750 and at least 10 months
$3,150 to $5,250 or 9 months' jail, and at least 30 months
A third or later impaired driving offence carries $3,150 to $7,500 or 18 months' jail, and disqualification for life. The impaired charge covers any drug, prescribed or not, legal or illegal, so a prescription doesn't protect you if you're affected. Legal Aid WA says a drug driving offence can't be dealt with by infringement notice, so these charges go to court.
A positive roadside drug test, or refusing one, also means a drug driving prohibition notice that bans you from driving for 24 hours. Driving during those 24 hours is a $600 infringement.
Interlocks, extraordinary licences and getting your licence back
The alcohol interlock scheme. It covers people convicted in WA of an alcohol interlock offence on or after 24 October 2016, and it's mandatory and user pays. Any conviction for driving under the influence of alcohol, or alcohol and drugs (including 0.15 or more), dangerous driving causing death or injury while under the influence of alcohol, or refusing an alcohol sample triggers it. A 0.08, 0.05 or 0.02 conviction triggers it if you were convicted of another drink driving offence (including a 0.08, 0.05 or 0.02 offence, DUI or refusal) in the 5 years before.
How long: at least 180 continuous days after your licence is granted, or at least 3 years for a permanently disqualified person driving on an extraordinary licence. To exit you also need 180 breach free days straight before you leave, and to have finished any alcohol assessment and treatment
Zero limit: the device is set at 0.02, but you must have a zero reading whenever you drive until you exit
Cost: the department charges $231.40 for the interlock licence condition, and estimates provider costs at $1,600 or more over six months. Eligible concession card holders get $50 off each scheduled inspection, and the alcohol assessment and treatment is free through the Mental Health Commission
If you never fit one: the interlock condition stays on your licence until you complete the scheme. There's no wait out period
Exemptions: only if you live more than 150 km in a straight line from any accredited provider, or have a medical condition backed by a GP or specialist. There's no exemption from the alcohol assessment and treatment
Extraordinary licences. If a court has disqualified you, it can let you drive in limited circumstances. You apply to the court that disqualified you, on Form 5 with a supporting affidavit, through the eCourts Portal. The Magistrates Court fee is $255, or $76.50 for an eligible individual, from 1 July 2026, and it isn't refunded if you're refused. The hearing is at least 14 clear days after you lodge, a department or police officer attends, and you must be there. The court has to be satisfied that without a licence:
you or a family member couldn't get urgent medical treatment for an existing illness, disease or disability
you'd lose your main way of earning an income, or
you or a family member would have no practical way of getting to and from work
The court also weighs public safety, your driving record, the offence and how you've behaved since. You can't apply during a roadside disqualification notice, a demerit point suspension, a Fines Enforcement Registry licence suspension or an interstate disqualification, or within 6 months of a refused application. You also have to wait after the court disqualifies you before you can apply: 21 days for most first offences, and 2 to 4 months for repeat offences, or for some first offences if you have certain earlier drink or drug driving convictions. Time on a roadside disqualification notice for the same offence counts toward the wait, and time in prison doesn't. Check with the court registry or a lawyer before applying. The court order isn't a licence: take it to a DTMI service centre with ID and pay the issue fee before you drive. Conditions usually cover days, times, places and vehicles, and breaching one can mean a fine, cancellation and the car being impounded. After an interlock offence you may need an interlock fitted before you can drive on it.
Lifting a long disqualification. A disqualification of more than 3 years for one offence can be removed by the District Court, or the Supreme Court if it imposed it. You wait 3 years for a disqualification over 3 and up to 6 years, half the period for one over 6 and up to 20 years, and 10 years for one over 20 years or for life. You may have to pay the department's costs even if you win, and after a refusal you wait 12 months to try again.
Going to court in Perth, costs and free help
Adult drink and drug driving charges are heard in the Magistrates Court. In the city that's the Perth Magistrates Court at the Central Law Courts, 501 Hay Street, (08) 9425 2222. There are suburban courthouses at Armadale, Fremantle, Joondalup, Midland, Rockingham and Mandurah. Under 18s generally go to the Children's Court, at 160 Pier Street in Perth.
Turning up: on bail or a summons you must attend. With a court hearing notice you can return it with your plea or attend. If you do neither, you can be convicted and disqualified in your absence. Arrange a lift, since you may leave court disqualified
No conviction option: WA has no general option for an adult to be found guilty without a conviction being recorded. Alongside a sentence no heavier than a community based order, the court can make a spent conviction order if you're unlikely to reoffend and the offence was trivial or you were of good character before. Ask for it at sentencing
It doesn't save your licence: a spent conviction order doesn't stop a licence disqualification, and the court can still take a spent conviction into account if you're sentenced for another offence
Appeals: appeals from a magistrate go to the Supreme Court
WA lawyers must give you a written estimate if your costs are likely to be more than $750, and no win, no fee agreements can't be made for criminal proceedings, which include drink driving charges. Chambers Legal, Andrew Williams Criminal Law Offices, Stevenson Legal and Timpano Legal say they offer fixed or set fees for some work, so ask what's included.
Legal Aid WA Infoline: 1300 650 579
Advice Before Court: a Legal Aid WA phone service with a paralegal for criminal and traffic charges in the Magistrates Court at Perth, Joondalup, Midland, Armadale, Fremantle, Rockingham, Mandurah and some regional courts. Ask through the online form or the Infoline
Duty lawyers: for traffic charges, Legal Aid WA duty lawyers only help in limited cases, such as courts outside the metro area, the Children's Court, traffic charges heard with other criminal charges, and arrest or remand lists where jail is possible. Grants of aid for a lawyer in the Magistrates Court are generally not available, except in special circumstances for serious offences
Aboriginal Legal Service of WA: 1800 019 900. Legal Aid WA's Legal Yarn line for First Nations callers is 1800 319 803
Accredited specialists: the Law Society of WA's own scheme covers family law and wills and estates, not criminal or traffic law. WA lawyers can be accredited in criminal law through an interstate law society, so if a lawyer says they're an accredited specialist, ask which body accredited them
Perth drink driving law: common questions
Is a 0.15 reading a separate offence in WA?
No. Under the Road Traffic Act, a reading of 0.15 or more means you're deemed to have been under the influence, so you're charged with driving under the influence. A first offence carries a fine of $1,700 to $3,750 and at least 10 months' disqualification, and a conviction puts you on the alcohol interlock scheme.
Can I just pay a fine for drink driving in Perth?
Only for a first offence at a low reading. Police may issue a $1,000 infringement with 3 to 5 demerit points for 0.05 to under 0.08 if you have no previous drink driving offence. Zero limit drivers under 0.02 can get a $400 infringement. Anything higher, any second offence and any drug driving charge goes to court.
Will I lose my licence on the spot?
For a reading of 0.08 or more, DUI or a refused sample, usually. Police can give you a disqualification notice for 2 months, usually at the time. You can ask the Magistrates Court to revoke it on limited grounds, such as faulty equipment or no charge being lodged within 10 days, and Legal Aid WA says the court takes the 2 months into account when it sentences you.
I refused the breath test. Is that worse than blowing over?
Usually, yes. The Road Safety Commission says refusing attracts the highest penalty for the relevant offence, and Legal Aid WA lists a first offence at $2,050 to $5,650 and at least 15 months' disqualification. It can also mean the 2 month roadside notice, and a conviction puts you on the interlock scheme. You can be charged even if you hadn't been drinking.
Can I get an extraordinary licence to keep working?
Possibly, if you'd lose your main income, couldn't get to work, or you or a family member couldn't get urgent medical treatment. You apply to the court that disqualified you with an affidavit, and the fee is $255 from 1 July 2026. You can't apply during a roadside disqualification notice or an interstate disqualification, and after a court disqualifies you there's a wait before you can apply: 21 days for most first offences, and 2 to 4 months for repeat offences or after certain earlier convictions. Time on a roadside notice counts toward that wait, so check before you apply. The court weighs public safety and your record.
Do I have to get an alcohol interlock?
After any conviction for DUI of alcohol, or alcohol and drugs (including 0.15 or more), dangerous driving causing death or injury while under the influence of alcohol, or refusing an alcohol sample, yes. A 0.05, 0.08 or 0.02 conviction triggers it if you were convicted of another drink driving offence, including a 0.05, 0.08 or 0.02 offence, DUI or refusal, in the 5 years before. It's user pays, and if you never fit one the condition stays on your licence.
Can I avoid a conviction for drink driving?
WA has no general no conviction option for adults. The court can make a spent conviction order at sentencing if the offence was trivial or you were of good character and are unlikely to reoffend, but it doesn't stop a disqualification, and the court can still take a spent conviction into account if you're sentenced for another offence.
