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Have you been charged with drink or drug driving? Our drink driving and 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.

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.

If you need to drive during the disqualification period, you should visit our page on Extraordinary Drivers’ Licences.

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.

Blood alcohol content

 

Second offence

Subsequent offence

≤ 0.05

<0.07

Min

Max

Disqualified

$1250

$2000

6 months

$1250

$2000

8 months

≤ 0.07

Min

Max

Disqualified

$1500

$2000

8 months

$1500

$2000

10 months

 

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

Blood alcohol content

 

First offence

Second offence

Subsequent offence

≤ 0.08

<0.09

Min

Max

Disqualified

$750

$2250

6 months

$1600

$2250

8 months

$1600

$2250

10 months

≤ 0.09

<0.11

Min

Max

Disqualified

$850

2250

7 months

$1700

$2250

10 months

$1700

$2250

13 months

≤ 0.11

<0.13

Min

Max

Disqualified

$1000

$2250

8 months

$1800

$3000

14 months

$1800

$3000

17 months

≤ 0.11

<0.13

Min

Max

Disqualified

9 months

$1150

$2250

18 months

$1150

$4500

30 months

$1150

$4500

 

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

 

First offence

Second offence

Subsequent offence

Min

Max

 

Disqualified

$1,700

$3,750

 

10 months

$3,150

$5,250 or 9 months imprisonment

30 months

$3,150

$7,500 or 18 months imprisonment

Life

Our Drink Driving and DUI Lawyers can help you with Extraordinary Drivers’ Licence (EDL) applications.

If you need emergency assistance out-of-hours please contact our Senior Criminal Lawyer Naomi Sherrington on (08) 9211 2604.

*This is general information only, and does not constitute specific legal advice. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

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