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Drink Driving / Driving under the influence of alcohol

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If you need emergency assistance out-of-hours please contact our Criminal Lawyers, Lisa Riley on (08) 9211 2626,  Luke McLaughlin on (08) 9211 2615. Alternatively, please email 

What is your blood alcohol content?

If it is 0.15 or more, then it is classed as driving under the influence of alcohol. If it is less than 0.15, then it is classed as an alcohol related traffic offence.

Have you been charged?

Have you been charged with drink or drug driving? Our drink driving/driving under the influence (DUI) lawyers will ensure you understand your options and the consequences you will likely face. Contact us directly to discuss how we might be able to get you back on the road.

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Potential Penalties

The penalties in your matter will depend on a few different factors. We can walk you through the law that applies in your individual circumstances, and give you an indication of the range of penalties open to the court. We can also discuss how best to keep those penalties as low as possible.

I have been charged with drink driving – what penalties could I face?

This depends on the reading, and whether you have previously been convicted of other similar offences.

For example, if your reading was more than .05 but less than .08 and you have never been convicted of a similar offence, the court doesn’t have to take your licence.

However, if you have a reading of .08 or more, or have been previously convicted of a similar offence, licence disqualification is unfortunately mandatory (but remember we might be able to keep you on the road with an Extraordinary Licence.)

For driving with a blood alcohol content of or above 0.05  but below 0.08 for a first offence a person is liable for a fine of up to $1250.  Penalties for second or subsequent offences against this section are set out in the below table.

Penalties for driving with a blood alcohol content of or above 0.08 are set out below:

Driving with a prescribed illicit drug

I have been charged with driving with prescribed illicit drug in oral fluid or blood – what penalties could I face?


Extraordinary Drivers’ Licence

Our drink driving and DUI lawyers can help you with Extraordinary Drivers’ License (EDL) applications. If you need to drive during the disqualification period, visit our page on Extraordinary Drivers’ Licences for more information.


*This information serves as a general guide and does not constitute legal advice. It is based on our research and experience at the time of publication. Please consult our knowledgeable legal team for any specific inquiries or advice relevant to your circumstances, as the content may not have been updated subsequently.

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