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Australia has strict laws against drink driving, and the legal blood alcohol limit for fully licensed drivers across the nation is 0.05. This limit is the same for drivers in Western Australia, with penalties for being above this limit aligning with road laws in the state. However, Western Australia imposes harsher penalties on repeat offenders, with a third offence potentially resulting in a fine of up to $7500, 18 months in prison, and a lifetime driving disqualification.
| Characteristics | Values |
|---|---|
| Blood Alcohol Content Limit | 0.05 |
| Graduated Penalties | 0.05, 0.08, 0.15 |
| Learner and Provisional Drivers Limit | 0.00 |
| First Offence Fine | $1,000-$1,250 |
| Excess of 0.08 BAC Fine | $750-$2,250 |
| Repeat Offenders Fine | Up to $7,500 |
| Repeat Offenders Imprisonment | Up to 18 months |
| Repeat Offenders Driving Disqualification | Lifetime |
| Alcohol Interlock Requirement | Above 0.15 BAC |
| Vessel Offence Fine | $1,000 |
| Vessel Offence Excess of 0.08 BAC Fine | Up to $2,250 |
| Vessel Offence Disqualification | 6 months |
| Vessel Offence Causing Death Penalty | Up to 20 years imprisonment |
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What You'll Learn
Blood alcohol content (BAC) limit for driving in Western Australia
Blood alcohol content (BAC) is the measurement of the number of grams of alcohol in 100ml of blood. In Western Australia, it is illegal to drive when your BAC is 0.05 or above. If your blood alcohol level is at 0.05, your risk of being in a crash is about double what it would be if you had not consumed any alcohol. The higher your BAC, the more likely you are to be involved in a serious crash.
Different drivers are subject to different legal limits. Most people are subject to the 0.05 alcohol limit, but some people must have a BAC of exactly 0.00. A 0.00 BAC limit means you cannot have any alcohol in your blood when you drive. This includes learner and provisional drivers, as well as bus, taxi, and truck drivers. If you are caught driving with a BAC above 0.00 but below 0.02, you will receive a $400 fine and three demerit points. If you go to court, you may be fined between $400 and $750. If you are a learner or provisional driver caught driving with a BAC between 0.02 and 0.05, your licence will be automatically disqualified. For other drivers, this BAC range will result in a three-month suspension.
If you are caught driving with a BAC above the 0.05 limit, you will face stiff penalties. If you are a repeat offender in Western Australia who blows above 0.15, a third offence could mean a fine of up to $7,500, 18 months in prison, and a lifetime driving disqualification. Anyone who blows over 0.15 BAC is also required to fit an alcohol interlock to their vehicle. If you are caught drink driving more than twice in a five-year period, you may also be required to install an interlock in your vehicle.
It is important to note that drinking alcohol affects people differently. An average, healthy body can only break down around one standard drink per hour. Factors such as food consumption, age, and medication can impact how your body breaks down alcohol. If you are taking medication, it is important to talk to your doctor or pharmacist about whether you can safely consume alcohol. No amount of alcohol is good for your health, and the only way to prevent harm from alcohol is to abstain from drinking altogether.
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Drink driving offences and penalties
Drink driving is one of the biggest contributors to road trauma in Western Australia, with an average of 32 people killed in alcohol-related crashes every year. The blood alcohol content (BAC) limit in Western Australia is 0.05, and penalties for exceeding this limit include fines, licence sanctions (suspensions and cancellations), and, in some cases, imprisonment.
If you are charged with drink driving in Western Australia, you will either receive an infringement with demerit points or a notice to appear in the Magistrates' Court, where a penalty will be imposed. Demerit points are doubled during certain holiday periods, such as Easter and Christmas, and on long weekends.
Infringements are typically issued for a first offence, with fines ranging from $400 to $1,250 and demerit points from 3 to 5, depending on the BAC level. For a BAC between 0.05 and 0.059, the fine is $1,250 with 3 demerit points. This increases to 4 demerit points for a BAC between 0.06 and 0.069 and 5 demerit points for a BAC between 0.07 and 0.079. If the matter goes to court, the maximum penalty is $500.
For second and subsequent charges, the accused must appear in the Magistrates' Court, where any previous drink driving offences in the last 20 years will be considered. The penalties increase with each offence, with higher fines and longer disqualification periods. For a BAC between 0.05 and 0.069, the fine is at least $1,250, with a minimum disqualification of 6 months for a second offence or 8 months for subsequent offences. For a BAC of 0.08 or higher, there is an automatic disqualification until the matter is dealt with in court.
In addition to fines and disqualification, other penalties may apply, such as participation in the Alcohol Interlock Scheme, which requires drivers to use an alcohol interlock device that prevents them from starting their vehicle if they have been drinking.
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Alcohol limits for skippers and WA marine laws
In Western Australia, the blood alcohol limit for skippers is 0.05, which is the same as the limit for driving on WA roads. This limit was introduced in December 2023, when the Western Australian Marine Amendment Bill 2023 was passed, aligning maritime laws with road laws regarding substance abuse.
The Western Australian Marine Act 1982 sets out the blood alcohol and illicit substance limits for skippers and allows drug and alcohol testing on WA waterways. The laws apply to all types of recreational vessels, including personal watercraft, sailboats, dinghies, and tenders. They also apply to some types of motorised craft, such as electric hydrofoil boards. Non-motorised craft such as paddle craft, windsurfers, and kiteboards are exempt from the laws.
The penalties for violating these laws are similar to those for road offences. For a first offence, a skipper may be fined up to $3,750. For a third or subsequent offence, the penalty increases to more than $7,500 and can include up to 18 months in prison. If operating a vessel under the influence of alcohol or drugs results in death, the penalty increases to a maximum of 20 years in prison and an unlimited fine.
If a skipper is found to be over the alcohol limit, they will be required to either safely dock the vessel or hand over control to a WA Police or DoT officer, or a qualified passenger. A skipper who is over the limit and allows an unqualified person to steer the vessel is committing a legal offence.
It is important to note that while there is currently no special blood alcohol content (BAC) limit for minors, they must adhere to the Liquor Control Act 1988, which prohibits the supply of alcohol to a child under 18 years of age.
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Alcohol limits for learner and provisional drivers
In Western Australia, the blood alcohol content (BAC) limit is 0.05 for fully licensed drivers. This is the same across Australia, although each state has specific details regarding drinking and driving laws.
For learner and provisional drivers, the rules are stricter. These drivers must have a zero BAC level when driving. This means that they cannot have any alcohol in their blood when driving. If learner or provisional drivers are caught with any alcohol in their system, they will face penalties. For example, if a learner or provisional driver blows between 0.02 and 0.05, they will have their license automatically disqualified. If they blow between 0.00 and 0.02, they will be fined $400 and receive three demerit points.
The penalties for learner and provisional drivers caught drinking and driving in Western Australia are designed to deter people from breaking the law. In addition to the penalties already listed, learner and provisional drivers caught drinking and driving are required to complete a drink-driving education course before they can reapply for their license.
It is important to note that drinking alcohol affects everyone differently, and factors such as food intake, age, body composition, and medications can impact how your body processes alcohol. The only way to completely avoid the risks associated with alcohol is to abstain from drinking altogether. If you choose to drink, it is essential to do so in moderation and to ensure that your blood alcohol level remains below the legal limit if you need to drive.
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Alcohol limits for bus, taxi and truck drivers
In Western Australia, learners, provisional and probationary licence holders, as well as bus, taxi and truck drivers, must have a zero blood alcohol content (BAC) level. This means that they cannot have any alcohol in their blood when they drive.
If a bus, taxi or truck driver is found to have a BAC between 0.00 and 0.02, they will face a $400 fine and three demerit points. If the case goes to court, the fine may increase to between $400 and $750. If their BAC is between 0.02 and 0.05, their licence will be automatically disqualified for three months.
For fully licensed drivers, the blood alcohol limit in Western Australia is 0.05. If a driver exceeds this limit, they will be charged with a drink-driving offence. The exact charge will depend on their BAC level. For example, excess 0.05, excess 0.08, and driving under the influence (above 0.15).
Repeat offenders in Western Australia who blow above 0.15 may face stiff penalties. A third offence could result in a fine of up to $7500, 18 months in prison, and a lifetime driving disqualification. Anyone who blows over 0.15 BAC is required to fit an alcohol interlock to their vehicle.
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Frequently asked questions
The blood alcohol limit in Western Australia is 0.05.
If you're caught driving with a blood alcohol level above the limit in Western Australia, you may face stiff penalties, including fines, licence disqualification, or even imprisonment for repeat offenders.
Learner, provisional, and probationary licence holders, as well as bus, taxi, and truck drivers, must have a zero blood alcohol limit when driving in Western Australia.
Blood alcohol content (BAC) in Western Australia is typically measured through targeted and random roadside breath testing by the WA Police Force. BAC is the measurement of the number of grams of alcohol in 100ml of blood.
The WA Police have provided a guide that suggests men of average size can have up to two standard drinks in the first hour and one per hour thereafter, while women of average size should limit themselves to one standard drink per hour. However, it is important to note that no amount of alcohol is good for your health, and the only way to prevent harm from alcohol is to refrain from drinking altogether.
